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17-089 - HYMAN v. CAPITAL ONE AUTO FINANCE et al


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17-089 - HYMAN v. CAPITAL ONE AUTO FINANCE et al
January 23, 2018
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MEMORANDUM OPINION AND ORDER - IT IS HEREBY ORDERED as follows: 1. Capital One and Commonwealth Recovery's motion to dismiss (ECF No. 41) is DENIED. 2. The Commonwealth Defendants' motion to dismiss (ECF No. 39) is GRANTED IN PART and DENIED IN PART as follows: a. The Commonwealth Defendants' motion to dismiss is GRANTED with respect to Count V, which is DISMISSED WITH PREJUDICE; b. The Commonwealth Defendants' motion to dismiss is DENIED with respect to Count VI. 3. In addition, the following claims are DISMISSED WITH PREJUDICE: a. All claims against the Pennsylvania State Police; b. Plaintiff's ยง 1983 claims against Col. Blocker and John Doe Troopers 1-10 in their individual capacities. 4. Accordingly, the Pennsylvania State Police, Col. Blocker, and John Doe Troopers 1-10 are dismissed as defendants, and as more fully stated in said Memorandum Opinion and Order. Signed by Judge Kim R. Gibson on 1/23/2018. (dlg)