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14-5517 - ADVANTAGE POINT, LP v. BOROUGH OF KUTZTOWN et al


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14-5517 - ADVANTAGE POINT, LP v. BOROUGH OF KUTZTOWN et al
July 2, 2015
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MEMORANDUM/OPINION THAT THIS CIVIL RIGHTS ACTION ARISES FROM A DELAYED REAL ESTATE DEVELOPMENT PROJECT, AND THAT THE AMENDED COMPLAINT MUST BE DISMISSED. PLAINTIFF IS CAUTIONED TO GIVE DUE DEFERENCE TO THE MULTIPLE FINDINGS OF THE EHB IN PARTICULAR, AND PRINCIPLES OF COLLATERAL ESTOPPEL IN GENERAL, SHOULD IT DECIDE TO FILE A SECOND AMENDED COMPLAINT. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 6/30/15. 7/6/15 ENTERED AND COPIES E-MAILED.(ky, )
July 2, 2015
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OPINION/ORDER THAT DEFENDANTS SSM GROUP, INC.; DARYL JENKINS, AND CHRISTINA CRAWFORD'S MOTION TO DISMISS THE AMENDED COMPLAINT (DOC. NO. 33) IS GRANTED. THE AMENDED COMPLAINT IS DISMISSED WITHOUT PREJUDICE. BY FRIDAY, JULY 17, 2015, PLAINTIFF MAY FILE A SECOND AMENDED COMPLAINT. THE MOTIONS TO DISMISS (DOC. NOS. 37 AND 56) ARE DENIED WITHOUT PREJUDICE. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 6/30/15. 7/2/15 ENTERED AND COPIES E-MAILED.(ky, )
March 25, 2016
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MEMORANDUM/OPINION THAT SSM DEFENDANTS' MOTION TO DISMISS, ECF NO. 87 IS GRANTED IN PART AND DENIED IN PART; KUTZTOWN DEFENDANTS' MOTION TO DISMISS, ECF NO. 88 IS GRANTED IN PART AND DENIED IN PART; AND BARLEY SNYDER DEFENDANTS' MOTION TO DISMISS, ECF NO. 90 IS GRANTED IN PART AND DENIED IN PART. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 3/24/16. 3/28/16 ENTERED AND COPIES E-MAILED. (ky, )
March 25, 2016
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OPINION/ORDER THAT MOTIONS 87, 88, AND 90 ARE GRANTED IN PART AND DENIED IN PART. PLAINTIFF'S TAKINGS CLAIM IS DISMISSED AS UNRIPE; AND IN ALL OTHER RESPECTS, DEFENDANTS' MOTIONS ARE DENIED. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 3/24/16. 3/28/16 ENTERED AND COPIES E-MAILED. (ky, )
May 19, 2016
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MEMORANDUM AND ORDER. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 5/19/2016. 5/19/2016 ENTERED AND COPIES E-MAILED.(lbs, )
May 19, 2016
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ORDER THAT: 1. THE BARLEY SNYDER DEFENDANTS' MOTION FOR RECONSIDERATION IS DENIED; AND 2. THE BARLEY SNYDER DEFENDANTS' MOTION, IN THE ALTERNATIVE, TO STAY PROCEEDINGS IS GRANTED, SUCH THAT THIS MATTER IS STAYED PENDING THE INTERLOCUTORY APPEAL BEFORE THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 5/19/2016. 5/19/2016 ENTERED AND COPIES E-MAILED.(lbs, )