IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA
December 2, 2009
HARRY DELANDRO AND KAREN MURPHY, INDIVIDUALLY AND ON BEHALF OF A CLASS OF OTHERS SIMILARLY SITUATED, PLAINTIFFS,
THE COUNTY OF ALLEGHENY, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Terrence F. McVerry United States District Judge
ORDER OF COURT
AND NOW, this 2nd day of December, 2009, upon consideration of plaintiffs motion for partial summary judgment on liability, and the defendants motion for summary judgment, and after a Report and Recommendation was issued by the United States Magistrate Judge, and the parties were granted thirteen days after being served with a copy to file written objections thereto, and upon consideration of defendants objections as well as oral argument on the cross-motions for summary judgment heard by the Court on October 20, 2009 and with more than thirty (30) days having expired therefrom, upon final review of all the filings and arguments of the parties and the Magistrate Judge's Report and Recommendation, which is adopted as the opinion of this Court,
IT IS ORDERED, ADJUDGED and DECREED that the plaintiffs' motion for partial summary judgment on liability (Document No. 107) is GRANTED as to The County of Allegheny and DENIED in all other respects, and that the defendants' motion for summary judgment (Document No. 111) is GRANTED as to defendants Ramon Rustin, Edward Urban, Gregory Grogan, Lance Bohn and William Emerick who are hereby dismissed from this action and said Motion is DENIED in all other respects. The caption of this action is hereby amended to read as follows:
HARRY DELANDRO and KAREN MURPHY, individually and on behalf of a class of others similarly situated, Plaintiffs, v. THE COUNTY OF ALLEGHENY, Defendant.
Plaintiffs shall file their pretrial statement on or before January 4, 2010 and Defendant shall file its pretrial statement on or before February 4, 2010. The Court will immediately thereafter schedule a pretrial conference and a trial date.
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