Opinion
Civil Action 22-3286
10-31-2022
EVA DIAZ and FRANKIE DIAZ as Administrators of the Estate of FRANKIE DIAZ, JR., Plaintiffs, v. THE CITY OF PHILADELPHIA, et al., Defendants.
ORDER
EDUARDO C. ROBRENO, J.
AND NOW, this 31st day of October, 2022, after considering Defendants' Motion to Dismiss [ECF No. 7], Plaintiffs' Response in Opposition to Defendants' Motion to Dismiss [ECF No. 13], and after a hearing on the record, it is hereby ORDERED that Defendants' Motion to Dismiss is GRANTED. Plaintiffs' Complaint is DISMISSED WITHOUT PREJUDICE.
It is FURTHER ORDERED that Plaintiffs are granted leave to file an amended complaint or a statement that they plan to stand on their amended complaint by December 27, 2022. Failure to act by December 27, 2022, will be deemed a decision by Plaintiffs that they wish to stand on the original complaint.
If Plaintiffs advise the Court that they will stand on their complaint or fail to so respond by December 27, 2022, the Court will dismiss Plaintiffs' complaint with prejudice due to Plaintiffs' failure to state a claim upon which relief can be granted. The submission of a Joint Rule 26(f) Report and scheduling of a Rule 16 conference shall await further order of the Court.
The parties shall engage in limited initial disclosures under Federal Rule of Civil Procedure 26(a)(1) so that Plaintiffs may uncover the identities of the John Doe Defendants.
AND IT IS SO ORDERED.