GELPI v. CITY AND COUNTY OF PHILADELPHIA et al

Filing 13

ORDER THAT UPON CONSIDERATION OF DEFENDANT CITY OF PHILADELPHIA'S MOTION TO DISMISS FOR FAILRE TO STATE A CLAIM 10 , IT IS HEREBY ORDERED THAT THE MOTION TO DISMISS IS GRANTED IN PART AND DISMISSED AS MOOT IN PART. THE MOTION IS GRANTED INSOFAR AS IT SEEKS DISMISSAL OF THE CLAIMS ASSERTED AGAINST THE CITY OF PHILADELPHIA IN COUNT 1, AND THOSE CLAIMS ARE DISMISSED. THE MOTION IS DISMISSED AS MOOT INSOFAR AS IT SEEKS DISMISSAL OF COUNT 2, BASED ON PLAINTIFF'S VOLUNTARY WITHDRAWAL OF THAT COUNT. THE CITY OF PHILADELPHIA IS DISMISSED AS A PARTY TO THIS ACTION. SIGNED BY HONORABLE JOHN R. PADOVA ON 4/27/16. 4/28/16 ENTERED AND COPIES MAILED TO UNREPS AND E-MAILED.(ti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
LUIS GELPI
v.
CITY OF PHILADELPHIA, et al.

:
:
:
:
:

CIVIL ACTION

NO. 15-1974

ORDER
AND NOW, this 27th day of April, 2016, upon consideration of Defendant City of
Philadelphia’s Motion to Dismiss for Failure to State a Claim (Docket No. 10), and Plaintiff’s
response thereto, and for the reasons stated in the accompanying Memorandum, IT IS HEREBY
ORDERED that the Motion to Dismiss is GRANTED IN PART and DISMISSED AS MOOT
IN PART as follows:
1.

The Motion is GRANTED insofar as it seeks dismissal of the claims asserted
against the City of Philadelphia in Count 1, and those claims are DISMISSED.

2.

The Motion is DISMISSED AS MOOT insofar as it seeks dismissal of Count 2,
based on Plaintiff’s voluntary withdrawal of that Count.

3.

The City of Philadelphia is DISMISSED as a party to this action.
BY THE COURT:

/s/John R. Padova
John R. Padova, J.