BROWN-DICKERSON v. CITY OF PHILADELPHIA et al
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
CITY OF PHILADELPHIA, et al.
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:
Defendants’ motion to dismiss (docket entry #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 Count VIII of the first amended complaint
are DISMISSED WITH PREJUDICE;
Defendants’ motion for leave to file a reply (docket entry #10) is
The Clerk of Court shall DOCKET Exhibit A of that motion; and
Defendants shall ANSWER the first amended complaint by noon on May
BY THE COURT:
_/s/ Stewart Dalzell, J.
Stewart Dalzell, J.
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