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16-273 - EVANS v. OFFICERS AND EMPLOYEES PENSION PLAN OF THE CITY OF BUTLER, BUTLER COUNTY, PENNSYLVANIA et al


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16-273 - EVANS v. OFFICERS AND EMPLOYEES PENSION PLAN OF THE CITY OF BUTLER, BUTLER COUNTY, PENNSYLVANIA et al
January 6, 2017
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MEMORANDUM OPINION & ORDER re 15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by THOMAS DONALDSON, BILL MAY, CITY OF BUTLER, PENNSYLVANIA, RICHARD J. SCHONTZ, JR., CHERI READIE, KATHY KLINE. Defendants Motion, to the extent that it asserts a statute of limitations defense, shall be held in abeyance pending a thirty-day period of discovery limited to the timeliness of Plaintiffs suit. IT IS HEREBY ORDERED, ADJUDGED, and DECREED that the parties may engage in a period of discovery limited to addressing the timeliness of Plaintiffs claim. Discovery shall be complete by February 6, 2017. Defendants may file a supplemental brief addressing the statute of limitations by February 13, 2017; Plaintiff may respond thereto by February 21, 2017. Signed by Magistrate Judge Lisa Pupo Lenihan on 1/6/17. (clh)
February 27, 2017
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MEMORANDUM OPINION re 15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by THOMAS DONALDSON, BILL MAY, CITY OF BUTLER, PENNSYLVANIA, RICHARD J. SCHONTZ, JR., CHERI READIE, KATHY KLINE. Signed by Magistrate Judge Lisa Pupo Lenihan on 2/27/17. (clh)