LEE v. CITY OF PHILADELPHIA OFFICE OF THE DIRECTOR OF FINANCE, RISK MANAGEMENT DIVISION

Filing 25

MEMORANDUM AND ORDER THAT DEFENDANT'S MOTION TO DISMISS IS GRANTED IN PART. COUNTS I, III, IV AND V OF THE AMENDED COMPLAINT ARE DISMISSED FOR FAILURE TO STATE A CLAIM. COUNT II OF THE AMENDED COMPLAINT STATES A CLAIM, AND THUS, THE MOTION IS DE NIED WITH RESPECT TO THIS CAUSE OF ACTION. PLAINTIFF MAY FILE A SECOND AMENDED COMPLAINT WITHIN FOURTEEN (14) DAYS OF THIS ORDER. SHOULD PLAINTIFF FAIL TO DO SO, COUNTS I, III, IV AND V WILL BE DISMISSED WITH PREJUDICE. A RULE 16 CONFERENCE IS SET FOR 3/10/14 AT 12:30 PM IN COURTROOM 8B. SIGNED BY HONORABLE L. FELIPE RESTREPO ON 2/26/14. 2/26/14 ENTERED & E-MAILED.(fdc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
JEFFREY LEE,

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v.
CITY OF PHILADELPHIA.

CIVIL ACTION

NO. 13-510

ORDER
AND NOW, this 26th day of February, 2014, in consideration of Defendant’s Second
Motion to Dismiss (ECF No. 6) and Plaintiff’s response thereto, and having conducted argument
with the parties, it is hereby ORDERED that:
1. Defendant’s Motion to Dismiss is GRANTED in part. Counts I, III, IV and V of the
Amended Complaint are DISMISSED for failure to state a claim.
2. Count II of the Amended Complaint states a claim, and thus, the motion is DENIED with
respect to this cause of action.
3. Plaintiff may file a Second Amended Complaint within fourteen (14) days of this Order.
Should Plaintiff fail to do so, counts I, III, IV and V will be dismissed with prejudice.
4. A Rule 16 conference is scheduled for Monday, March 10, 2014 at 12:30PM, in
Courtroom 8B.

BY THE COURT:

/s/ L. Felipe Restrepo
L. Felipe Restrepo
United States District Court Judge