HOLBROOK et al v. CITY OF PITTSBURGH et al, No. 2:2018cv00539 - Document 210 (W.D. Pa. 2019)

Court Description: OPINION and ORDER accepting 184 Report and Recommendation as to disposition of Counts I and III; accepting the Magistrate Judge's legal analysis of Count II, as modified herein; rejecting the Recommendation to deny the motions to dismiss as t o Count II; and rejecting it as to the disposition of service of process issue. Except as provided otherwise herein, the 184 Report and Recommendation is ADOPTED as the Opinion of the Court. SERVICE OF PROCESS: Plaintiffs have failed to properly s erve KBK Enterprises, LLC. The Court ORDERS Plaintiffs to serve KBK Enterprises, LLC no later than 10/18/2019. COUNT I: Defendants' Motions 51 , 75 , 107 , 133 , 139 , 151 , 158 , 175 , and 178 are GRANTED as to COUNT I solely as to KH Design LLC and MLK Mural; and DENIED as to Count I asserted by Plaintiff Kyle Holbrook. COUNT II: City of Pittsburgh's 151 Motion to Dismiss is GRANTED as to COUNT II, as Plaintiffs have withdrawn said claim against this Defe ndant. Defendants' Motions 14 , 51 , 75 , 107 , 133 , 139 , 158 , 175 , and 178 are GRANTED as to COUNT II. COUNT II is dismissed. Plaintiffs and Defendants are granted leave to conduct discovery to determine the existence of writte n contracts to be completed by 11/20/2019. Any amended complaint to assert a breach of contract claim shall be filed by 12/4/2019. If no amended complaint is filed, Defendants shall respond to the Amended Complaint by 12/18/2019. COUNT III: Defendants' Motions 51 , 75 , 107 , 133 , 139 , 151 , 158 , 175 , and 178 are GRANTED as to COUNT III, said Count is dismissed. This matter is returned to the Magistrate Judge for further proceedings. Signed by Judge Marilyn J. Horan on 9/16/19. (rtw)