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Carter v. Commonwealth

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


September 28, 2009

THOMAS CARTER, III, WILLIAM A. CARTER, CHARLES H. CURRY, ROBERT L. DESROSIERS, STEVEN D. FORMAN, GREGORY P. HEIL, RICHARD E. HEISERMAN, ELLERY F. JOYNES, EDWARD J. KAZLO, STEPHEN I. LYLES, JR., GENERO T. MITCHELL, JR., ROBIN M. MITCHELL, ARTHUR POOLE, JR., EDWARD W. PORTER, THOMAS V. WATERS AND IRA T. WATTS, PLAINTIFFS
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA STATE POLICE, DEFENDANT

The opinion of the court was delivered by: James Knoll Gardner United States District Judge

ORDER

NOW, this 28th day of September, 2009, upon consideration of Defendant's Motion to Dismiss, filed by defendant Commonwealth of Pennsylvania, Pennsylvania State Police on December 18, 2008; upon consideration of Plaintiffs' Response in Opposition to Defendant's Motion to Dismiss, which response was filed on January 30, 2009; upon consideration of the briefs of the parties*fn1 ; after oral argument held before the undersigned on July 7, 2009; and for the reasons articulated in the accompanying Opinion,

IT IS ORDERED that defendant's motion to dismiss is granted in part and denied in part.

IT IS FURTHER ORDERED that Defendant's Motion to Dismiss Counts II*fn2 and III*fn3 of plaintiffs' complaint is granted by agreement of counsel.*fn4

IT IS FURTHER ORDERED that Counts II and III are dismissed from plaintiffs' Complaint - Civil Action filed November 17, 2008.

IT IS FURTHER ORDERED that Defendant's Motion to Dismiss Count I*fn5 of plaintiffs' complaint is denied.

IT IS FURTHER ORDERED that defendant shall have until October 23, 2009 to file an answer to Count I of plaintiffs' Complaint - Civil Action.


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