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Sixth Angel Shepherd Rescue Inc., et al v. Pennsylvania Spca

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


February 15, 2011

SIXTH ANGEL SHEPHERD RESCUE INC., ET AL., PLAINTIFFS,
v.
PENNSYLVANIA SPCA, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Berle M. Schiller,J.

ORDER

AND NOW, this 15thday of February, 2011, upon consideration of Defendants' Motions to Dismiss Sixth Angel's Second Amended Complaint, Plaintiff's Response thereto, and for the reasons stated in this Court's Memorandum dated February 15, 2011, it is hereby ORDERED that:

1. Defendants' motions (Document Nos. 45, 46) are GRANTED in part and DENIED in part.

a. Defendants' motions are GRANTED with respect to Plaintiff's declaratory judgment claims as to the Pennsylvania Dog Law.

b. Defendants' motions are GRANTED with respect to Plaintiff's noncompliance with Federal Rule of Civil Procedure 8(a).

c. Defendants' motions are otherwise DENIED as moot.

2. Plaintiff's declaratory judgment claims as to the Pennsylvania Dog Law are DISMISSED with prejudice.

3. Plaintiff's remaining claims are DISMISSED without prejudice.

4. Plaintiff may file a Third Amended Complaint no later than March 1, 2011.

a. Plaintiff's Third Amended Complaint must comply with Rule 8 of the Federal Rules of Civil Procedure, including a short and plain statement of Plaintiff's claims and a demand for relief sought as to each defendant.

b. Plaintiff is required to organize its Third Amended Complaint to allege a distinct cause of action in each count.

5. Plaintiff's Motion for Partial Summary Judgment on Its Action for Declaratory Judgment (Document No. 61) is DENIED as moot.

6. Defendants' Joint Motion for an Extension of Time to Respond to Plaintiff's Motion for Partial Summary Judgment on Its Action for Declaratory Judgment (Document No. 62) is DENIED as moot.

BY THE COURT:

20110215

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