Burgess v. Reading Parking Auth.

Full title: ANTONIO BURGESS, Plaintiff, v. READING PARKING AUTHORITY, Defendant.

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

Date published: Aug 6, 2024

5:23-cv-3390 (E.D. Pa. Aug. 6, 2024)

Opinion

5:23-cv-3390

08-06-2024

ANTONIO BURGESS, Plaintiff, v. READING PARKING AUTHORITY, Defendant.

JOSEPH F. LEESON, JR., United States District Judge

ORDER

JOSEPH F. LEESON, JR., United States District Judge

AND NOW, this 6^th day of August, 2024, upon consideration of Reading Parking Authority's Motion to Dismiss, ECF No. 12, Burgess's Motion to Consolidate, ECF No. 10, the responses and replies filed thereto, and for the reasons articulated in the Opinion issued this date, IT IS ORDERED THAT:

1. The motion to dismiss, ECF No. 12, is DENIED in part and GRANTED in part, without prejudice, as follows:

a. The motion to dismiss for lack of jurisdiction is DENIED.

b. The motion to dismiss for failure to state a claim is GRANTED.

c. Burgess's claims are DISMISSED without prejudice.

2. The motion to consolidate is DENIED without prejudice.¹

1 The motion may be submitted again for consideration should any of Burgess's claims proceed as amended.

3. Burgess shall file an amended complaint on or before August 26, 2024.