IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
September 22, 2009
JAMES HARRIS, PLAINTIFF,
MICHAEL PAIGE AND CITY OF PHILADELPHIA, DEFENDANTS.
The opinion of the court was delivered by: Robert F. Kelly Senior Judge
AND NOW, this 22nd day of September, 2009, upon consideration of Defendant Michael Paige's Motion to Dismiss and Strike (Doc. No. 27), and the Response in opposition thereto, it is hereby ORDERED that said Motion is DENIED IN PART and GRANTED IN PART. The Motion to Dismiss Counts I, II, III, V, VI, VII, VIII, IX, X, XI, and XII is DENIED. The Motion is GRANTED with respect to Count IV. It is further ORDERED that:
1. Plaintiff James Harris's request for attorneys' fees is DENIED;
2. Plaintiff James Harris's Praecipe to Enter Default Judgment Against Defendant Michael Paige (Doc. No. 28) is DENIED;
3. Defendant Michael Paige's Motion to Strike Plaintiff's Praecipe to Enter Default Against Defendant Michael Paige (Doc. No. 30) is DENIED as moot; and
4. Defendant Michael Paige shall answer the Complaint within twenty (20) days of the date of this Order.
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