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2013.9.9 Motion to Dismiss Complaint (Filed) - Stein v. City of Philadelphia

2013.9.9 Motion to Dismiss Complaint (Filed) - Stein v. City of Philadelphia

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Published by Christopher Sawyer
2013.9.9 Motion to Dismiss Complaint (Filed) - Stein v. City of Philadelphia
2013.9.9 Motion to Dismiss Complaint (Filed) - Stein v. City of Philadelphia

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Published by: Christopher Sawyer on Sep 09, 2013
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06/09/2014

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In the United States District CourtFor the Eastern District of Pennsylvania
Marc Stein,
Plainti
 ff 
,
 Jury Trial Demandedv.2:13-cv-04644-PBTCity of Philadelphia,
et. al
, 
Defendants.
Order Granting Defendants’Motion to Dismiss
Order
Today, this day of 2013, uponconsideration of Defendants’ Motion to Dismiss, and Plainti
ff 
’s re-sponse, it is ordered that the motion is
GRANTED
. Plainti
ff 
’sComplaint is dismissed with prejudice as to defendants NorthernLiberties Neighbors Association, Matt Ruben, Larry Freedman,David Witz, Judy Donovan, Richard Donovan, James Brossy, Deb-bie Rudman, and Christopher Sawyer d/b/aPhiladelinquency 
.
 
 
 
 

:The Honorable Petrese B. Tucker
Case 2:13-cv-04644-PBT Document 4 Filed 09/09/13 Page 1 of 48
 
In the United States District CourtFor the Eastern District of Pennsylvania
Marc Stein,
Plainti
 ff 
,
 Jury Trial Demandedv.2:13-cv-04644-PBTCity of Philadelphia,
et. al
, 
Defendants.
Defendants’ Motion to Dismissthe Complaint
Defendants’ Motion to Dismiss Plainti
ff 
’s Complaint
Defendants, Northern Liberties Neighbors Association, Matt Ru-ben, Larry Freedman, David Witz, Judy Donovan, Richard Dono- van, James Brossy, Debbie Rudman, and Christopher Sawyer, sub-mit this Motion to Dismiss for Failure to State a Claim under Fed.R. Civ. Pro. 12(b)(6) seeking dismissal of the plainti
ff 
’s Complaint with prejudice for the reasons set forth it their Memorandum of Law.
 
 

, A. Jordan Rushie Jordan@FishtownLaw.comPa. Id. 209066Mulvihill & Rushie LLC2424 East York Street • Suite 316Philadelphia, PA 19125215.385.5291
Case 2:13-cv-04644-PBT Document 4 Filed 09/09/13 Page 2 of 48
 
In the United States District CourtFor the Eastern District of Pennsylvania
Marc Stein,
Plainti
 ff 
,
 Jury Trial Demandedv.2:13-cv-04644-PBTCity of Philadelphia,
et. al
, 
Defendants.
Defendants’ Motion to DismissPlainti
ff 
’s Complaint
Memorandum of Law in Support of Defendants’ Motion to Dis-miss Plainti
ff 
’s ComplaintI. Facts.
Club Aura is a nightclub in the Northern Liberties neighborhood, which has, to say the least, been a hotbed of nuisances, noise com-plaints, and trouble for its neighbors. Although the club providesentertainment for patrons, the club also brings rich fodder for thecity’s crime beat journalists. In addition to its patrons’ boisterousgoings on, the club has provided its neighbors with the opportunity to witness a real live stabbing, a shooting, and someone being le
 for dead on the sidewalk. (See, e.g., Ex. A and B). The neighborshave had enough.Club Aura’s ownerMarc Stein is upset. He is upset that Club Aura'sneighbors do not appreciate the “excitement” that he has brought tothe neighborhood. He complains that neighbors photographed thebehavior of Club Aura’s patrons and then discussed it online. Com-plaint, ¶40. Stein does not deny that these events took place, he justdoes not appreciate his neighbors discussing them.But then there came a time when Club Aura wanted something 
omits neighbors: support for a Special Assembly and Occupancy Li-cense, which would allow the nightclub to have DJs, live music, and
Case 2:13-cv-04644-PBT Document 4 Filed 09/09/13 Page 3 of 48

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