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05-5122 - BENCKINI v. BOROUGH OF COOPERSBURG et al


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05-5122 - BENCKINI v. BOROUGH OF COOPERSBURG et al
August 28, 2006
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MEMORANDUM AND OPINION - IT IS HEREBY ORDERED THAT: (1) DEFENDANT MATTHEW D. WEINTRAUB'S MOTION TO DISMISS (DOCTET #3) IS GRANTED, AND ALL CLAIMS AGAINST MR. WEINTRAUB SHALL BE DISMISSED WITH PREJUDICE; (2) THE COOPERSBURG DEFENDANTS' MOTION (DOCKET NO. 4) IS GRANTED IN PART AND DENIED IN PART. THE MOTION IS DENIED AS TO THE ALLEGED VIOLATIONS OF 42 U.S.C. SECTION 1983 IN PARAGRAPHS 27 AND 28 AS WELL AS THE WRONGFUL DEATH CLAIM UNDER STATE LAW ALLEGED IN PARAGRAPH 32. THE CLAIMS ASSERTED IN THE REMAINING PARAGRAPHS OF THE COMPLAINT AGAINST THE COOPERSBURG DEFENDANTS SHALL BE DISMISSED WITH PREJUDICE. THE COOPERSBURG DEFENDANTS SHALL FILE THEIR ANSWER TO THE REMAINING CLAIMS WITHIN TWENTY (20) DAYS OF THE DATE OF THIS ORDER; AND (3) MR. BENCKINI'S MOTION TO AMEND (DOCKET NO. 5) IS DENIED. SIGNED BY JUDGE GENE E.K. PRATTER ON 08/18/2006. 08/28/2006 ENTERED AND COPIES MAILED AND E-MAILED.(rab)
May 21, 2008
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MEMORANDUM AND OPINION DENYING PLAINTIFF BENCKINI'S MOTION FOR SUMMARY JUDGMENT (DOCKET NO. 49) AND GRANTING COOPERSBURG DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (DOCKET NO. 44). THE CLERK OF COURT SHALL HEREBY CLOSE THIS CASE FOR ALL PURPOSES, INCLUDING STATISTICS. SIGNED BY HONORABLE GENE E.K. PRATTER ON 05/19/2008. 05/21/2008 ENTERED AND COPIES MAILED AND E-MAILED.(rab)