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McVicker v. King

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA


May 11, 2009

WILLIAM L. MCVICKER, PLAINTIFF,
v.
CHRISTOPHER W. KING, JEFFERSON HILLS BOROUGH COUNCIL MEMBER IN HIS OFFICIAL AND INDIVIDUAL CAPACITY; JAMES A. WEBER, JEFFERSON HILLS BOROUGH COUNCIL MEMBER IN HIS OFFICIAL AND INDIVIDUAL CAPACITY; JANICE R. CMAR, JEFFERSON HILLS BOROUGH COUNCIL MEMBER IN HER OFFICIAL AND INDIVIDUAL CAPACITY; AND KATHLEEN REYNOLDS, JEFFERSON HILLS BOROUGH COUNCIL MEMBER IN HER OFFICIAL AND INDIVIDUAL CAPACITY; AND THE BOROUGH OF JEFFERSON HILLS, DEFENDANTS.

The opinion of the court was delivered by: Terrence F. McVerry United States District Court Judge

MEMORANDUM ORDER

Presently before for the Court for disposition is the MOTION TO STRIKE DOCUMENTS 14 AND 15 FILED BY JOHN GAGLIARDI FROM THE DOCKET AND TO ENJOIN MR. GAGLIARDI FROM FILING ANY ADDITIONAL DOCUMENTS IN THIS CASE (Document No. 16) filed by Defendants. For the reasons that follow, the Motion is GRANTED.

On April 22, 2009, John Gagliardi, who is not a party to this lawsuit, filed a Motion for Leave to File an Amicus Brief in this case. By Memorandum Order filed April 30, 2009, the Court denied Mr. Gagliardi's motion and struck his motion and its attached exhibits from the record.

On May 4, 2009, Mr. Gagliardi filed a second AMICUS CURIAE BRIEF (Document No. 14) and PROPOSED AMICI REPLY (Document No. 15). Because the Court has denied Mr. Gagliardi's request for amicus standing, these additional documents must be stricken from the record.

AND NOW, this 11th day of May, 2009, it is hereby ORDERED that the Motion to Strike Documents 14 and 15 filed by John Gagliardi From The Docket and to Enjoin Mr. Gagliardi from Filing Any Additional Documents In This Case is GRANTED. It is further ORDERED as follows:

(i) Documents No. 14 and 15 filed by John Gagliardi are hereby stricken from the docket; and

(ii) the Clerk of Court is hereby directed to refuse to accept for filing, and shall return to Mr. Gagliardi, with a copy of this Order, any additional documents he submits in this case.

20090511

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