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RITTENHOUSE ENTERTAINMENT, INC.; THE MINES, INC.; G NET COMM. CO.; PHOENIX ESTATES; and THOMAS J. GRECO; Plaintiffs, v. CITY OF WILKES-BARRE; THOMAS LEIGHTON, indi

A. Richard Caputo

(JUDGE CAPUTO)
ORDER

NOW, this 16th day of August, 2012, IT IS HEREBY ORDERED that: (1) The City Defendants' Motion to Dismiss (Doc. 40) is GRANTED in part and DENIED in part as follows:

(a) The §§ 1983 and 1985 claims asserted by Mr. Greco and Rittenhouse in Count I are DISMISSED with prejudice. (B) Count II's §§ 1981 and 1982 claims against the City Council members, J.J. Murphy, and Butch Frati, as well as Rittenhouse's § 1985 claim against all City Defendants, are dismissed with prejudice.
(c) The motion to dismiss is otherwise DENIED.

(2) The County Defendants' Motion to Dismiss (Doc. 39) is GRANTED in part and DENIED in part as follows:
(a) The § 1983 claims asserted by Mr. Greco and Rittenhouse and the § 1985 claims asserted by The Mines, Mr. Greco, and Rittenhouse in Count I are DISMISSED with prejudice.
(b) Count II's claims are DISMISSED with prejudice.
(c) The motion to dismiss is otherwise DENIED.


(3) The College Defendants' Motion to Dismiss (Doc. 41) is GRANTED in part and DENIED in part as follows:
(a) The §§ 1983 and 1985 claims asserted by Mr. Greco and Rittenhouse in Count I are DISMISSED with prejudice.
(b) Count II's §§ 1981, 1982, and 1985 claims asserted by Mr. Greco and Rittenhouse are DISMISSED with prejudice.
(c) The motion to dismiss is otherwise DENIED.


(4) Defendants shall file a response to Plaintiffs' Amended Complaint within twenty-one (21) days from the date of entry of this Order.


___________


A. Richard Caputo


United States District Judge


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Rittenhouse Entm't, Inc. v. City of Wilkes-Barre
(Aug 16, 2012)