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15-6805 - FRYMOYER v. CITY OF READING, PENNSYLVANIA et al


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15-6805 - FRYMOYER v. CITY OF READING, PENNSYLVANIA et al
July 7, 2016
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MEMORANDUM OPINION. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 7/6/2016. 7/7/2016 ENTERED AND COPIES E-MAILED.(lbs, )
July 7, 2016
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ORDERED AS FOLLOWS: 1. THE PARTIAL MOTION TO DISMISS AND MOTION TO STRIKE OF DEFENDANTS, CITY OFREADING, VAUGHN SPENCER, GREGORY SMITH, CAROLE SNYDER AND FELIX FREYTIZ (IN HIS CAPACITY AS AN EMPLOYEE OF THE CITY OF READING) (DOCKET NO. 6) IS GRANTED;2. COUNTS II AND IV OF PLAINTIFFS COMPLAINT ARE STRICKEN AS TO ALL DEFENDANTSEXCEPT THE CITY OF READING;3. COUNT VII IS STRICKEN FROM PLAINTIFFS COMPLAINT;4. COUNTS VI AND IX OF PLAINTIFFS COMPLAINT ARE STRICKEN AS TO DEFENDANT FREYTIZONLY IN HIS CAPACITY AS AN EMPLOYEE OF THE CITY OF READING;5. THE SECOND SENTENCE IN PARAGRAPH 12 OF PLAINTIFFS COMPLAINT, INCLUDINGFOOTNOTE ONE, IS HEREBY STRICKEN FROM THE COMPLAINT;6. THE MOTION TO DISMISS OF DEFENDANTS, AMERICAN FEDERATION OF STATE, COUNTYAND MUNICIPAL EMPLOYEES, JUSTUS JAMES AND FELIX FREYTIZ, III, IN HIS CAPACITY AS PRESIDENT OF LOCAL 2763 (DOCKET NO. 7), IS GRANTED; AND7. ALL CLAIMS AGAINST DEFENDANTS AFSCME, JUSTUS JAMES AND FELIX FREYTIZ (INHIS CAPACITY AS UNION PRESIDENT) ARE DISMISSED FROM PLAINTIFFS COMPLAINT WITH PREJUDICE.. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 7/6/2016. 7/7/2016 ENTERED AND COPIES E-MAILED.(lbs, )