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Minsec Companies, Inc. v. City of Philadelphia

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


March 18, 2010

MINSEC COMPANIES, INC., ET AL., PLAINTIFFS,
v.
CITY OF PHILADELPHIA, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Hon. Petrese B. Tucker, U.S.D.J.

ORDER

AND NOW , this 18th day of March, 2010, upon consideration of the Motion to Dismiss filed by Defendants, City of Philadelphia, Philadelphia Department of Licenses and Inspections, and Philadelphia Zoning Board of Adjustment (Doc. 8), and the Response in Opposition thereto filed by Plaintiffs, Minsec Companies, Inc. and Oxford Investments, L.P. (Doc. 9),*fn1 IT IS HEREBY ORDERED and DECREED that Defendants' Motion to Dismiss is GRANTED IN PART AND DENIED IN PART as follows:

1. All claims against Defendant Department of Licenses and Inspections are MERGED with the claims against Defendant City of Philadelphia;

2. The Clerk of the Court shall TERMINATE from the docket of this Court Defendant Department of Licenses and Inspections;

3. The Clerk of the Court shall TRANSFER this case to the Civil Suspense File;

4. All proceedings in this case are STAYED until further order of the Court;

5. The Clerk of the Court shall mark this case CLOSED for statistical purposes;

6. The Court shall retain jurisdiction over the case and the case shall be returned to the Court's active docket when there are no impediments to further proceedings and the case may proceed to final disposition;

7. The entry of this Order is WITHOUT PREJUDICE to the rights of any party to request that the case be returned to the Court's active docket; and,

8. The parties, through counsel, shall file and serve a status report at two (2) month intervals or more frequently if warranted by the circumstances. Counsel shall include in the status reports: (a) the status of the proceeding pending before the Court of Common Pleas of Philadelphia County, May 14, 2009, No. 1665 (case ID: 090501665); (b) the need for further proceedings in this case; and (c) whether this case can be dismissed either with or without prejudice. One (1) copy of each status report shall be served on the Court (Chambers, Room 9613) when the original is filed.


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