BROWN-DICKERSON v. CITY OF PHILADELPHIA et al

Filing 12

MEMORANDUM AND ORDER THAT DEFENDANTS' MOTION TO DISMISS [#7] IS GRANTED IN PART: COUNT I OF THE FIRST AMENDED COMPLAINT IS DISMISSED WITH PREJUDICE AS TO DEFENDANT CITY OF PHILADELPHIA ONLY; COUNTS V,VI,VII, AND IX OF THE FIRST AMENDED COMPLAINT ARE DISMISSED WITH PREJUDICE; PLAINTIFF'S CLASS ACTION CLAIMS IN COUNTS VIII OF THE FIRST AMENDED COMPLAINT ARE DISMISSED WITH PREJUDICE; DEFENDANTS' MOTION FOR LEAVE TO FILE A REPLY [#10] IS GRANTED; THE CLERK OF COURT SHALL DOCKET EXHIBIT A OF THAT MOTION; AND DEFENDANTS SHALL ANSWER THE FIRST AMENDED COMPLAINT BY NOON ON 5/11/16. SIGNED BY HONORABLE STEWART DALZELL ON 4/25/16. 4/25/16 ENTERED & E-MAILED.(fdc)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA TANYA BROWN-DICKERSON v. CITY OF PHILADELPHIA, et al. : : : : : CIVIL ACTION NO. 15-4940 ORDER AND NOW, this 25th day of April, 2016, upon consideration of plaintiff’s first amended complaint, defendants’ motion to dismiss (docket entry #7), plaintiff’s response in opposition thereto, defendants’ motion for leave to file a reply (docket entry #10), and for the reasons set forth in our Memorandum issued this day, it is hereby ORDERED that: 1. Defendants’ motion to dismiss (docket entry #7) is GRANTED IN PART: 2. Count I of the first amended complaint is DISMISSED WITH PREJUDICE as to defendant City of Philadelphia only; 3. Counts V, VI, VII, and IX of the first amended complaint are DISMISSED WITH PREJUDICE; 4. Plaintiff’s class action claims in Count VIII of the first amended complaint are DISMISSED WITH PREJUDICE; 5. Defendants’ motion for leave to file a reply (docket entry #10) is 6. The Clerk of Court shall DOCKET Exhibit A of that motion; and 7. Defendants shall ANSWER the first amended complaint by noon on May GRANTED; 11, 2016. BY THE COURT: _/s/ Stewart Dalzell, J. Stewart Dalzell, J.

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