GJEKA v. DELAWARE COUNTY COMMUNITY COLLEGE et al

Filing 27

MEMORANDUM AND/OR OPINION ORDER THAT DEFENDANT DELAWARE COUNTY COMMUNITY COLLEGE'S MOTION TO DISMISS (DOC. NOS. 21 AND 22) IS GRANTED IN PART AND DENIED IN PART; ETC.. DEFENDANT PRESTON'S MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (DOC. NO. 19) IS GRANTED IN ITS ENTIRETY. DEFENDANT JOHN PRESTON IS DISMISSED AS A PARTY IN THIS ACTION. THIS CASE SHALL BE REMANDED TO THE COURT OF COMMON PLEAS OF DELAWARE COUNTY. SIGNED BY HONORABLE JOEL H. SLOMSKY ON 5/23/2013. 5/23/2013 ENTERED AND COPIES E-MAILED. (ems)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
KSENIYA GJEKA, A/K/A KSENIYA
MELNYCHENKO,
CIVIL ACTION
NO. 12-4548

Plaintiff,
v.
DELAWARE COUNTY COMMUNITY
COLLEGE
and
JOHN PRESTON,
Defendants
ORDER

AND NOW, this 23rd day of May 2013, upon consideration of John Preston’s Motion to
Dismiss for Failure to State a Claim (Doc. No. 19), Delaware County Community College’s
Motion to Dismiss for Failure to State a Claim (Doc. Nos. 21, 22), Plaintiff’s Response in
Opposition to Delaware County Community College’s Motion to Dismiss for Failure to State a
Claim (Doc. No. 23), Plaintiff’s Response in Opposition to John Preston’s Motion to Dismiss for
Failure to State a Claim (Doc. No. 24), and Delaware County Community College’s Reply to
Plaintiff’s Response in Opposition to Delaware County Community College’s Motion to Dismiss
for Failure to State a Claim (Doc. No. 25), and in accordance with the Opinion of the Court
issued this day, it is ORDERED that:
1. Defendant Delaware County Community College’s Motion to Dismiss (Doc. Nos. 21 and
22) is GRANTED IN PART AND DENIED IN PART. The Motion to Dismiss is
GRANTED on Counts 1, 2, 3, 4, 5, 6, 7, and 9. The Motion to Dismiss is DENIED on
Count 8.

2. Defendant Preston’s Motion to Dismiss for Failure to State a Claim (Doc. No. 19) is
GRANTED in its entirety.
3. Defendant John Preston is dismissed as a party in this action.
4. This case shall be remanded to the Court of Common Pleas of Delaware County.

BY THE COURT:

/ s/ J oel H. S l om sk y
JOEL H. SLOMSKY, J.