PRIDE v. CITY OF PHILADELPHIA et al

Filing 10

MEMORANDUM AND ORDER THAT DEFENDANTS' MOTION TO DISMISS 4 IS GRANTED. COUNT II AGAINST THE CITY AND RODRIGUEZ IN HIS OFFICIAL CAPACITY IS DISMISSED WITH PREJUDICE. COUNT II AGAINST RODRIGUEZ IN HIS INDIVIDUAL CAPACITY IS DISMISSED WITHOUT PREJ UDICE. COUNTS III AND IV AGAINST RODRIGUEZ IN HIS OFFICIAL CAPACITY ARE DISMISSED WITH PREJUDICE. COUNTS III AND IV AGAINST RODRIGUEZ IN HIS INDIVIDUAL CAPACITY ARE DISMISSED WITHOUT PREJUDICE. COUNT V AGAINST THE CITY AND RODRIGUEZ ARE DISMISSED WITHOUT PREJUDICE. PLAINTIFF MUST FILE HER AMENDED COMPLAINT ON OR BEFORE 4/25/18 OR THE CASE MAY BE DISMISSED. SIGNED BY HONORABLE GERALD J. PAPPERT ON 4/11/18. 4/11/18 ENTERED & E-MAILED.(fdc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
KRYSTAL PRIDE,
Plaintiff,

CIVIL ACTION
NO. 17-3400

v.
CITY OF PHILADELPHIA, et al.,
Defendants.
ORDER

AND NOW, this 11th day of April, 2018, upon consideration of Defendants’
Motion to Dismiss, (ECF No. 4), and Plaintiff’s Response (ECF No. 8), it is hereby
ORDERED that Defendants’ Motion is GRANTED.
1. Count II against the City and Rodriguez in his official capacity is
DISMISSED with prejudice. Count II against Rodriguez in his individual
capacity is DISMISSED without prejudice.
2. Counts III and IV against Rodriguez in his official capacity are DISMISSED
with prejudice. Counts III and IV against Rodriguez in his individual
capacity are DISMISSED without prejudice.
3. Count V against the City and Rodriguez are DISMISSED without prejudice.
4. Plaintiff must file her amended complaint on or before April 25, 2018 or the
case may be dismissed.
BY THE COURT:

/s/ Gerald J. Pappert
______________________
GERALD J. PAPPERT, J.

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