Bitler v. Twp.

Full title: TIMOTHY BITLER, SR., Plaintiff, v. ROBESON TOWNSHIP, Defendant.

Court: United States District Court, E.D. Pennsylvania

Date published: Jul 25, 2024

5:24-cv-2177 (E.D. Pa. Jul. 25, 2024)

Opinion

5:24-cv-2177

07-25-2024

TIMOTHY BITLER, SR., Plaintiff, v. ROBESON TOWNSHIP, Defendant.

Joseph F. Leeson, Jr. United States District Judge

ORDER

Joseph F. Leeson, Jr. United States District Judge

AND NOW, this 25^th day of July, 2024, upon consideration of Plaintiffs' motion for a preliminary injunction, ECF No. 7, Defendant's response, ECF No. 10, after a preliminary injunction hearing held on July 15, 2024, and for the reasons discussed in the Opinion issued on this date, IT IS ORDERED THAT:

1. Plaintiffs' motion for a preliminary injunction, ECF No. 7, is GRANTED as follows:

a. Pending final resolution of this matter, Defendant shall suspend enforcement of sections 1.B. and 1.I. of Resolution 24-06; and

b. Plaintiff's requirement to post bond is waived.

2. Additionally, after considering Defendant's motion to dismiss for failure to state a claim, ECF No. 14, Plaintiff's response, ECF No. 15, and after accepting all factual allegations as true and construing the Complaint in the light most favorable to Plaintiff,¹ Defendant's Motion, ECF No. 14, is DENIED.

1 See Phillips v. Cnty. of Allegheny, 515 F.3d 224, 233 (3d Cir. 2008) (quoting Pinker v. Roche Holdings Ltd., 292 F.3d 361, 374 n.7 (3d Cir. 2002)) (internal quotation marks omitted).

3. Defendant shall file an answer to the Complaint within 14 days of the date of this Order.²

2 See Fed.R.Civ.P. 12(a)(4)(A).