Opinion
CIVIL ACTION NO. 08-1979.
July 27, 2010
ORDER
AND NOW, this 27th day of July, 2010, upon consideration of the Motion to Dismiss Defendants Third-Party Complaint Filed on Behalf of Third Party Defendants, the Honorable C. Darnell Jones, II and the Honorable Louis Presenza (Doc. No. 29) and Third Party Defendant Beard's Motion to Dismiss the Third Party Complaint of the City of Philadelphia and Louis Giorla (Doc. No. 31), and all papers submitted in support thereof and in opposition thereto, it is ORDERED as follows:
1. The Motion to Dismiss Defendants Third-Party Complaint Filed on Behalf of Third Party Defendants, the Honorable C. Darnell Jones, II and the Honorable Louis Presenza (Doc. No. 29) is GRANTED;
2. Third Party Defendant Beard's Motion to Dismiss the Third Party Complaint of the City of Philadelphia and Louis Giorla (Doc. No. 31) is GRANTED;
3. Defendants City of Philadelphia and Philadelphia Prison Commissioner Louis Giorla Third-Party Complaint Against the Honorable C. Darnell Jones, II, President Judge of the Court of Common Pleas, First Judicial District of Pennsylvania, the Honorable Louis Presenza, President Judge of the Philadelphia Municipal Court and Jeffery A. Beard, Ph.D., The Secretary of the Pennsylvania Department of Corrections (Doc. No. 17) is DISMISSED with prejudice.
4. Defendants' Motion to Dismiss for Failure to Join or alternatively Motion to Join (Doc. No. 15) is DISMISSED as MOOT.
5. Defendants' Motion for Preliminary Injunction (Doc. No. 16) is DISMISSED as MOOT.
On July 16, 2010, we approved to the parties' stipulation to substitute the presently-serving President Judges for the originally-named President Judges. (Doc. No. 69.) Our decision to grant the President Judges' Motion applies to all parties that have been named as President Judges in this action.
IT IS SO ORDERED.