PINKNEY v. MEADVILLE, PENNSYLVANIA et al, No. 1:2019cv00167 - Document 70 (W.D. Pa. 2020)

Court Description: MEMORANDUM OPINION and ORDER. The motion to dismiss 53 filed on behalf of Defendant Paula DiGiacomo is DISMISSED WITHOUT PREJUDICE, as are Counts VII, X and XI of the Amended Complaint against Defendant DiGiacomo, the Court having declined to exe rcise supplemental jurisdiction of such state law claims; The motion to dismiss 55 filed on behalf of Defendants Meadville, Pennsylvania, Michael J. Tautin and Jared Frum is GRANTED as to Counts II-VI of the Amended Complaint, and all federal law c laims asserted under these Counts are hereby DISMISSED WITH PREJUDICE. The claims asserted against Defendants Meadville, Pennsylvania, Tautin and Frum under Counts VIII and XI of the Amended Complaint are hereby DISMISSED WITHOUT PREJUDICE. To the ex tent that Count XII (erroneously designated as a second Count X) of the Amended Complaint asserts a claim against Meadville, Pennsylvania based upon the Fourteenth Amendment to the United States Constitution, it is hereby DISMISSED WITH PREJUDICE. To the extent Count XII asserts a claim under state law, it is hereby DISMISSED WITHOUT PREJUDICE; The motion to dismiss 57 filed on behalf of Defendants Meadville Tribune, Community Newspaper Holding, Inc. and Keith Gushard is DISMISSED WITHOUT PREJUDICE, as are Counts VIII, IX and XI of the Amended Complaint against Defendants Meadville Tribune, Community Newspaper Holding, Inc. and Gushard, the Court having declined to exercise supplemental jurisdiction of such state law claims. The moti on to dismiss 59 filed on behalf of Defendants Allegheny College and William Merchbaker is GRANTED as to Counts I, V, and VI of the Amended Complaint, and all federal law claims asserted under these Counts are hereby DISMISSED WITH PREJUDICE. The claims asserted against Defendants Allegheny College and Merchbaker under Counts VIII and XI of the Amended Complaint are hereby DISMISSED WITHOUT PREJUDICE. Signed by Magistrate Judge Richard A. Lanzillo on 4/3/2020. (dm)