BOOKHEIMER v. COUNTY OF MONTGOMERY et al

Filing 7

MEMORANDUM AND ORDER THAT DEFENDANTS' MOTION TO DISMISS AND MOTION FOR SUMMARY JUDGMENT (DOC. 4) IS GRANTED IN PART AND DENIED PART. DEFENDANTS MOTION FOR SUMMARY JUDGMENT IS DENIED AS MOOT. IF PLAINTIFF ELECTS TO FILE AN AMENDED COMPLAINT, SHE SHALL DO SO NO LATER THAN 11/12/10. SIGNED BY HONORABLE BERLE M. SCHILLER ON 10/28/10. 10/29/10 ENTERED AND COPIES EMAILED.(rf, ) Modified on 10/29/2010 (rf, ).

BOOKHEIMER v. COUNTY OF MONTGOMERY et al

Doc. 7

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA JULIE BOOKHEIMER, Plaintiff, v. COUNTY OF MONTGOMERY, et al., Defendants. : : : : : : :

CIVIL ACTION

No. 10-3381

ORDER AND NOW, this 28th day of October, 2010, upon consideration of Defendants' Motion to Dismiss and Motion for Summary Judgment, Plaintiff's response thereto, and for the reasons stated in this Court's Memorandum of October 28, 2010, it is hereby ORDERED that: 1. The motion to dismiss (Document No. 4) is GRANTED in part and DENIED in part as follows: a. The motion is DENIED as to Plaintiff's Federal Equal Pay Act claim against Montgomery County. b. The motion is GRANTED without prejudice as to Plaintiff's Federal Equal Pay Act claims against all individual Defendants. c. The motion is GRANTED without prejudice as to Plaintiff's 42 U.S.C. § 1983 claim against Montgomery County and all individual Defendants in their individual capacities. d. The motion is GRANTED with prejudice as to Plaintiff's 42 U.S.C. § 1983 claim against all individuals Defendants in their official capacities. e. The motion is DENIED as to Plaintiff's Pennsylvania Equal Pay Act claim against Montgomery County.

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f.

The motion is GRANTED without prejudice as to Plaintiff's Pennsylvania Equal Pay Act claims against all individual Defendants.

g.

The motion is DENIED as to Plaintiff's Pennsylvania Constitution claims against Montgomery County.

h.

The motion is GRANTED without prejudice as to Plaintiff's Pennsylvania Constitution claims against all individual Defendants.

2. 3.

Defendants' motion for summary judgment is DENIED as moot. If Plaintiff elects to file an Amended Complaint, she shall do so no later than Friday, November 12, 2010.

BY THE COURT:

Berle M. Schiller, J.

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