PAGAN et al v. CITY OF PHILADELPHIA et al

Filing 21

ORDER THAT THE MOTIONS TO DISMISS OF DEFTS CITY OF PHILA. AND COMMISSIONER CHARLES RAMSEY (DOC #3) AND DEFTS SCHOOL DISTRICT OF PHILA, ARLENE C. ACKERMAN AND NEWTON BROWN, III (DOC #6) ARE GRANTED IN PART, ETC. PLFFS SHALL HAVE UNTIL 6/22/12, TO FILE AN AMENDED COMPLAINT ADDRESSING THE DEFICIENCIES, ETC. ( SIGNED BY HONORABLE JUAN R. SANCHEZ ON 5/31/12. ) 5/31/12 ENTERED AND COPIES E-MAILED.(gn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

ARMANDO PAGAN, et al.
A Minor, by his parents and natural
Guardians, Miguel Camacho and
Natasha Ortega
v.
CITY OF PHILADELPHIA, et al.

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CIVIL ACTION
No. 11-5178

ORDER
AND NOW, this 31st day of May, 2012, it is ORDERED the Motions to Dismiss of
Defendants City of Philadelphia and Commissioner Charles Ramsey (Document 3) and Defendants
School District of Philadelphia, Arlene C. Ackerman, and Newton Brown, III (Document 6) are
GRANTED in part as follows:
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Count I of Plaintiffs’ Complaint is DISMISSED without prejudice;

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Counts II and III of the Complaint are DISMISSED as withdrawn;

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Plaintiffs shall have until June 22, 2012, to file an amended complaint addressing the

deficiencies identified in the accompanying Memorandum or to notify this Court of their intention
to stand on their original Complaint. If Plaintiffs do not respond within the time permitted, Count
I will be dismissed with prejudice; and
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This Court reserves ruling on the motions to dismiss as to Counts V and VI of the

Complaint, pending Plaintiffs’ response to this Order.
BY THE COURT:

/s/ Juan R. Sánchez
Juan R. Sánchez, J.