DANIELS v. CITY OF PHILADELPHIA et al

Filing 13

ORDER THAT UPON CONSIDERATION OF DEFENDANTS' PARTIAL MOTION TO DISMISS PLAINTIFF'S AMENDED COMPLAINT FOR FAILURE TO STATE A CLAIM, PLAINTIFF'S RESPONSE THERETO, AND FOR THE REASONS IN THIS COURT'S 1/3/17 MEMORANDUM, IT IS ORDERED THAT DEFENDANTS' MOTION 6 IS GRANTED IN PART AND DENIED IN PART. COUNTS II, IV AND VI OF PLAINTIFF'S AMENDED COMPLAINT ARE DISMISSED. COUNT I OF PLAINTIFF'S AMENDED COMPLAINT SHALL PROCEED TO DISCOVERY. SIGNED BY HONORABLE BERLE M. SCHILLER ON 1/3/17. 1/3/17 ENTERED AND COPIES E-MAILED.(gs)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
LAMONT DANIELS,
Plaintiff,
v.
CITY OF PHILADELPHIA, et al.,
Defendants.

:
:
:
:
:
:
:

CIVIL ACTION

No. 16-4270

ORDER
AND NOW, this 3rd day of January 3, 2017, upon consideration of Defendants’ Partial
Motion to Dismiss Plaintiff’s Amended Complaint for Failure to State a Claim, Plaintiff’s response
thereto, and for the reasons provided in this Court’s Memorandum dated January 3, 2017, it is hereby
ORDERED that:
1.

Defendants’ motion (Document No. 6) is GRANTED in part and DENIED in part.

2.

Counts II, IV, and VI of Plaintiff’s Amended Complaint are DISMISSED.

3.

Count I of Plaintiff’s Amended Complaint shall proceed to discovery.
BY THE COURT:

Berle M. Schiller, J.