DICHTER v. CITY OF PHILADELPHIA et al

Filing 20

MEMORANDUM AND ORDER THAT CITY'S MOTION TO DISMISS IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. PHMC'S MOTION TO DISMISS IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. BY NOON ON 4/8/15 THE PARTIES SHALL INFORM THE COURT BY FAX [phone]) WHETHER MEDIATION WOULD LIKLEY BE PRODUCTIVE BEFORE MAGISTRATE JUDGE HART.. SIGNED BY HONORABLE STEWART DALZELL ON 4/1/15. 4/2/15 ENTERED AND COPIES EMAILED.(rf, )

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

SUSAN DICHTER
v.
CITY OF PHILADELPHIA et al.

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CIVIL ACTION

NO. 14-5611

ORDER
AND NOW, this 1st day of April, 2015, upon consideration of defendant City of
Philadelphia’s (“City”) partial motion to dismiss (docket entry # 14) and plaintiff’s opposition
thereto and her motion to amend her amended complaint (docket entry # 16) and defendant
Public Health Management Corporation’s (“PHMC”) motion to dismiss (docket entry # 15) and
plaintiff’s opposition thereto and motion to amend her amended complaint (docket entry # 17), it
is hereby ORDERED that:
1.

The City’s motion to dismiss is GRANTED IN PART and DENIED IN PART;

2.

Plaintiff’s claim for breach of contract as to the City is DISMISSED;

3.

The City’s motion to dismiss plaintiff’s First Amendment retaliation claim is

DENIED;
4.

Plaintiff’s claim of conspiracy to deprive her of her civil rights under 42 U.S.C. §

1983 as to the City is DISMISSED;
5.

Plaintiff’s claim that the City violated its Charter and Civil Service Regulations is

DISMISSED;
6.

Plaintiff’s claim for wrongful discharge against the City is DISMISSED;

7.

Plaintiff’s claim of civil conspiracy against the City is DISMISSED;

8.

Plaintiff’s claim of a Due Process violation by the City is DISMISSED;

9.

PHMC’s motion to dismiss is GRANTED IN PART and DENIED IN PART;

10.

Plaintiff’s claim of a Due Process violation by PHMC is DISMISSED;

11.

Plaintiff’s claim of conspiracy to deprive her of her civil rights under 42 U.S.C. §

1983 as to PHMC is DISMISSED;
12.

Plaintiff’s claim of civil conspiracy as to PHMC is DISMISSED;

13.

PHMC’s motion to dismiss plaintiff’s First Amendment retaliation claim is

DENIED;
14.

Plaintiff’s claim for wrongful discharge against PHMC is DISMISSED;

15.

Plaintiff’s breach of contract claim against PHMC is DISMISSED;

16.

Plaintiff’s motion for leave to amend her complaint is DENIED;

17.

By noon on April 8, 2015, the parties shall INFORM the Court by fax (215-580-

2156) whether mediation would likely be productive before Magistrate Judge Hart; and
18.

Further scheduling shall ABIDE receipt of the parties’ facsimile.
BY THE COURT:

_/s/ Stewart Dalzell, J.
Stewart Dalzell, J.

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