Wevodau v. Commonwealth of Pennsylvania, Office of Attorney General et al

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM

M.D. Pa.July 8, 2016

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA KEVIN WEVODAU, : : Plaintiff, : : v. : Civil Action No. 16-cv-0743 : COMMONWEALTH OF : (Judge Rambo) PENNSYLVANIA, OFFICE OF : ATTORNEY GENERAL, and : KATHLEEN KANE, individually : and in her official capacity, : : Defendants. : DEFENDANTS’ MOTION TO DISMISS COUNT II OF THE AMENDED COMPLAINT AND TO STRIKE PLAINTIFF’S CLAIMS FOR PUNITIVE DAMAGES Defendants, Commonwealth of Pennsylvania, Office of Attorney General (“OAG”) and Kathleen Kane (“General Kane”), individually and in her official capacity (collectively the “Defendants”), by and through their undersigned counsel and pursuant to Rules 12(b)(6) and 12(f) of the Federal Rules of Civil Procedure hereby respectfully move the Court to dismiss Count II of the Amended Complaint in its entirety, and to strike Plaintiff’s claims for punitive damages. The basis for this Motion is set forth in the accompanying Brief in Support of Defendants’ Motion, which is incorporated herein by reference. Case 1:16-cv-00743-SHR Document 17 Filed 07/08/16 Page 1 of 2 WHEREFORE, Defendants respectfully request that the Court grant this Motion, dismiss County II of the Amended Complaint in its entirety, strike Plaintiff’s claims for punitive damages, and enter the form of Order submitted herewith. Respectfully submitted, ECKERT SEAMANS CHERIN & MELLOTT, LLC By: /s/ Keith E. Smith Keith E. Smith, Esquire Casey A. Coyle, Esquire Two Liberty Place 50 South 16th Street, 22nd Floor Philadelphia, Pennsylvania 19102 Tele: (215) 851-8400 Fax: (215) 851-8383 ksmith@eckertseamans.com ccoyle@eckertseamans.com Attorneys for Defendants. Dated: July 8, 2016. Case 1:16-cv-00743-SHR Document 17 Filed 07/08/16 Page 2 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA KEVIN WEVODAU, : : Plaintiff, : : v. : Civil Action No. 16-cv-0743 : COMMONWEALTH OF : (Judge Rambo) PENNSYLVANIA, OFFICE OF : ATTORNEY GENERAL, and : KATHLEEN KANE, individually : and in her official capacity, : : Defendants. : ORDER AND NOW this ___ day of _________________, 2016, upon consideration of Defendants’ Motion to Dismiss Count II of the Amended Complaint and to Strike Plaintiff’s Claims for Punitive Damages, and any response thereto, it is hereby ORDERED and DECREED that Defendants’ Motion is GRANTED, and Count II of the Amended Complaint is DISMISSED IN ITS ENTIRETY, and Plaintiff’s claims for punitive damages shall be stricken from the Amended Complaint. BY THE COURT ______________________________ Sylvia H. Rambo, J. Case 1:16-cv-00743-SHR Document 17-1 Filed 07/08/16 Page 1 of 1 CERTIFICATE OF NON-CONCURRENCE I hereby certify that, on July 7, 2016, I contacted counsel for Plaintiff Christine E. Burke, Esquire, to request Plaintiff’s concurrence in the foregoing Motion to Dismiss the Amended Complaint, and Attorney Burke stated that Plaintiff does not concur in the Motion. /s/ Casey A. Coyle Case 1:16-cv-00743-SHR Document 17-2 Filed 07/08/16 Page 1 of 1 CERTIFICATE OF SERVICE I hereby certify that, on July 8, 2016, I electronically filed the foregoing document using the CM/ECF system, and that I served the same by electronic filing via ECF, pursuant to the administrative procedures of the United States District Court for the Middle District of Pennsylvania governing the filing and service by electronic means, upon the following: Christine E. Burke, Esquire Ari R. Karpf, Esquire Karpf, Karpf & Cerutti, P.C. 3331 Street Road Two Greenwood Square, Suite 128 Bensalem, PA 19020 Counsel for Plaintiff /s/ Casey A. Coyle Case 1:16-cv-00743-SHR Document 17-3 Filed 07/08/16 Page 1 of 1