Free Order on Motion to Dismiss - District Court of Delaware - Delaware

Case 1 :04-cv—O1376-KAJ Document 75 Filed 11/23/2005 Page1 of2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
FRANK E. ACIERNO, CHRISTIANA I
TOWN CENTER, LLC, a Delaware limited I
liability company, 395 ASSOCIATES, LLC, I
a Delaware limited liability company, I
ESTATE HOMES, INC., a Delaware I
corporation, I
I
Plaintiffs, I
I
v. I Civil Action No. 044376-KAJ
I
GEORGE O. HAGGERTY, individually and I
in his official capacity as Assistant General I
Manager of the New Castle County I
Department of Land Use, TIMOTHY P. I
MULLANEY, individually and in his I
capacity as New Castle County Attorney, I
CHARLES L. BAKER, individually and in hi I
capacity as General Manager of the New I
Castle County Department of Land Use, I
JAMES H. EDWARDS, individually and in I
his capacity as Inspections Manager and I
Licensing Division Manager of the New I
Castle County Department of Land Use, I
and SHERRY L. FREEBERY, in her I
individual capacity as Chief Administrative I
Office of New Castle County and NEW I
CASTLE COUNTY, a political subdivision I
of the State of Delaware, I
I
Defendants. I
ORDER
For the reasons set forth in the Memorandum Opinion of today’s date in this
matter,
IT IS HEREBY ORDERED that Motions to Dismiss the Amended Complaint filed
by the County (Docket Item ["D.I."] 37), and by defendants George O. Haggerty, Scott

Case 1 :04-cv—O1376-KAJ Document 75 Filed 11/23/2005 Page 2 of 2
G. Wilcox, Timothy P. Mullaney, Charles L. Baker, James H. Edwards, and Sherry L.
Freebery (D.l. 40) are GRANTED to the extent that the Amended Complaint is
dismissed without prejudice. Acierno’s Motion for Leave to Amend the Complaint (D.l.
50) is DENIED as moot. Furthermore, the collective Defendants' Motion for Briefing
Schedule on F’laintiffs' Motion for Leave to File a Second Amended Complaint (D.l. 61)
is DENIED as moot.
Nl D STAT T JUDGE
November 23, 2005
Wilmington, Delaware
2