CLARK v. PHILADELPHIA HOUSING AUTHORITY

Filing 12

MEMORANDUM AND ORDER THAT DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S COMPLAINT [#6] IS DISMISSED AS MOOT AS PLAINTIFF FILED AN AMENDED COMPLAINT. DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S AMENDED COMPLAINT [#8] IS GRANTED AS FOLLOW S: COUNT I IS DISMISSED WITH PREJUDICE. COUNT II IS DISMISSED WITHOUT PREJUDICE TO ASSERTION OF THE CLAIM IN THE APPROPRIATE STATE COURT. THE CLERK IS DIRECTED TO CLOSE THE CASE. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 4/21/15. 4/22/15 ENTERED & E-MAILED.(fdc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
____________________________________
ROBIN CLARK
:
Plaintiff,
:
:
v.
:
CIVIL ACTION NO. 14-5460
:
:
PHILADELPHIA HOUSING
:
AUTHORITY
:
Defendant.
:
ORDER
AND NOW, this 21st day of April 2015, upon consideration of the pending motions and
the responses thereto, and for the reasons stated in the accompanying Memorandum Opinion, it
is hereby ORDERED that:
1.

Defendant’s Motion to Dismiss Plaintiff’s Complaint [Doc. No. 6] is

DISMISSED AS MOOT as Plaintiff filed an amended complaint.
2.

Defendant’s Motion to Dismiss Plaintiff’s Amended Complaint [Doc. No. 8] is

GRANTED as follows: Count I is DISMISSED WITH PREJUDICE. Count II is
DISMISSED WITHOUT PREJUDICE to assertion of the claim in the appropriate state court.
3.

The Clerk is directed to CLOSE the case.

It is so ORDERED.
BY THE COURT:
/s/Cynthia M. Rufe
____________________
CYNTHIA M. RUFE, J.