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06-095 - GAGLIARDI vs. FISHER, et al.


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06-095 - GAGLIARDI vs. FISHER, et al.
March 16, 2007
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ORDER granting in part and denying in part 6 Motion to Dismiss. As more fully set forth in the order, defendants' 6 motion to dismiss is GRANTED as to count 11 of plaintiff's complaint and as to all other counts contained in the complaint insofar as they are based upon alleged violations of the United States Constitution. Defendants' 6 motion to dismiss is DENIED without prejudice as to counts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14 and 15 insofar as they are based upon causes of action arising under Pennsylvania law. All of plaintiff's causes of action arising under Pennsylvania law are REMANDED to the Court of Common Pleas, Allegheny County, Pennsylvania, FORTHWITH. The clerk shall mark this case closed. Signed by Judge Joy Flowers Conti on 3/16/2007. (mcg)
February 26, 2008
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cal )MEMORANDUM ORDER denying 11 plaintiff's Motion for relief from judgment or order and/or leave of court to appeal nunc pro tunc and denying as moot 15 plaintiff's Motion for oral argument. Signed by Judge Joy Flowers Conti on 2/26/08. (