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)

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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.

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