IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
April 2, 2012
NICHOLAS REINHART, ET AL.
PNC BANK, NA, ET AL.
The opinion of the court was delivered by: R. Barclay Surrick, J.
AND NOW this 2nd day of April , 2012, upon consideration of Defendant the Borough of Ephrata's Motion to Dismiss Plaintiffs' Complaint (ECF No. 4), and Defendants Police Officers Bright, O'Hanlon and Martin's Motion to Dismiss the Complaint (ECF No. 32), and all documents submitted in support thereof and in opposition thereto, it is ORDERED as follows:
1. Defendant the Borough of Ephrata's Motion to Dismiss is GRANTED. Count VIII of the Amended Complaint is dismissed.
2. Plaintiffs' request to amend Count VIII of the Amended Complaint is GRANTED. Plaintiffs shall file an amended complaint on or before May 2, 2012.
3. Defendants Police Officers' Motion to Dismiss will be GRANTED in part and DENIED in part as follows:
A. Count VI of the Amended Complaint is DISMISSED.
B. Defendants' Motion to Dismiss Count VII of the Amended Complaint is DENIED.
IT IS SO ORDERED.
BY THE COURT:
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