JENDRZEJEWSKI v. MILLER et al, No. 3:2008cv00069 - Document 27 (W.D. Pa. 2009)

Court Description: MEMORANDUM OPINION AND ORDER OF COURT granting in part and denying in part 6 Motion to Dismiss. Defendants' Motion to Dismiss (Doc. No. 6 ) is Granted in Part with Prejudice and Denied in Part as to Counts I and II as more fully stated in th e Memorandum Opinion. It is further Ordered that the Defendants' Motion to Dismiss is Granted as to Count III as the Plaintiff has not properly presented his claim for declaratory relief in the Amended Complaint and has otherwise waived said cl aim by participating in the ADR process in this matter. It is further Ordered that the motion to strike included within the Defendants' Motion to Dismiss is Granted as more fully stated in said Memorandum Opinion. Signed by Judge Kim R. Gibson on 3/24/2009. (dlg)