ROSEBORO v. LINCOLN UNIVERSITY

Filing 29

ORDER THAT DEFENDANTS' MOTION IS GRANTED IN PART AND DENIED IN PART AS OUTLINED. SIGNED BY HONORABLE PETRESE B. TUCKER ON 9/6/17. 9/7/17 ENTERED AND COPIES EMAILED TO COUNSEL.(jaa, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
CLEVELL S. ROSEBORO, II,
Plaintiff,
v.
LINCOLN UNIVERSITY, et al.,
Defendants.

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CIVIL ACTION
NO. 16-4951

ORDER
AND NOW, this __6th___day of September, 2017, upon consideration of Defendants
Lincoln University, Robert Jennings, and Valerie Harrison’s Motion to Dismiss Plaintiff’s
Complaint or to Strike Improper Allegations (Doc. 9), Defendant Denise Wilbur’s Motion to
Join Defendants’ Motion to Dismiss Plaintiff’s Complaint or to Strike Improper Allegations
(Doc. 20), Plaintiff’s Response in Opposition to Defendants’ Motion (Doc. 21), Defendants’
Reply in Support of their Motion (Doc. 24), and Plaintiff’s Sur-Reply (Doc. 27), IT IS
HEREBY ORDERED AND DECREED that Defendants’ Motion is GRANTED IN PART
AND DENIED IN PART as follows:
1. Defendants’ Motion is GRANTED IN PART AND DENIED IN PART as to Count
One:
A. Defendants’ Motion as it relates to Plaintiff’s procedural due process claim for
lack of pre-termination procedures in Count One is GRANTED. Plaintiff’s
pre-termination procedural due process claim is DISMISSED as time-barred;
B. To the extent that Plaintiff asserts a procedural due process claim for
inadequate post-termination procedures, Defendants’ Motion is DENIED;

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C. Plaintiff’s request to amend his Complaint to supplement his post-termination
procedural due process claim in Count One is GRANTED. Plaintiff may
make such amendment on or before Wednesday September 27, 2017;
2. Defendants’ Motion is DISMISSED AS MOOT as to Count Two;
3. Defendants’ Motion is DENIED as to Count Three;
4. Defendants’ Motion is DISMISSED AS MOOT as to Count Four; and
5. Defendants’ Motion to Strike Allegations is DENIED. 1

BY THE COURT:
/s/ Petrese B. Tucker
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Hon. Petrese B. Tucker, U.S.D.J.

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This Order accompanies the Court’s Memorandum dated September 6, 2017.
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