LADA v. DELAWARE COUNTY COMMUNITY COLLEGE et al

Filing 17

ORDER THAT DEFENDANTS' MOTION TO DISMISS IS GRANTED IN PART AND DENIED IN PART. IT IS FURTHER ORDERED THAT ON OR BEFORE OCTOBER 23, 2009, PLAINTIFF SHALL MAKE A MORE DEFINITE STATEMENT OF HER FIRST AMENDMENT RETALIATION CLAIM IN COUNT I PURSUAN T TO FEDERAL RULE OF CIVIL PROCEDURE 12(e), OR PLAINTIFF'S FIRST AMENDMENT RETALIATION CLAIM MAY BE DISMISSED FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED. IT IS FURTHER ORDERED THAT PLAINTIFFS EQUAL PROTECTION CLAIMS IN COUNT I ARE DISMISSED AGAINST ALL DEFENDANTS. IT IS FURTHER ORDERED THAT COUNT I IS DISMISSED AGAINST DEFENDANT DELAWARE COUNTY COMMUNITY COLLEGE. IT IS FURTHER ORDERED THAT COUNTS IV, V, VI, AND VII OF PLAINTIFF'S COMPLAINT ARE DISMISSED IN THEIR EN TIRETY. IT IS FURTHER ORDERED THAT IN ALL OTHER RESPECTS DEFENDANTS' MOTION TO DISMISS IS DENIED. IT IS FURTHER ORDERED THAT DEFENDANTS SHALL HAVE UNTIL NOVEMBER 12, 2009 TO ANSWER PLAINTIFFS COMPLAINT. SIGNED BY HONORABLE JAMES KNOLL GARDNER ON 9/30/09. 10/1/09 ENTERED AND COPIES E-MAILED.(er, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA KAREN LADA, Plaintiff vs. DELAWARE COUNTY COMMUNITY COLLEGE; CLAYTON RAILEY; and VIRGINIA CARTER, Defendants ) ) Civil Action ) No. 08-cv-04754 ) ) ) ) ) ) ) )

ORDER NOW, this 30th day of September, 2009, upon consideration of the following documents: (1) (2) Defendants' Motion to Dismiss filed January 7, 2009; Defendants' Memorandum of Law in Support of Their Motion to Dismiss Plaintiff's Complaint, which memorandum was filed January 7, 2009; (3) Plaintiff's Response in Opposition to Defendants' Motion to Dismiss in Part, which response was filed January 26, 2009; (4) Plaintiff's Memorandum in Support of Plaintiff's Response in Opposition to Defendants' Motion to Dismiss in Part, which memorandum was filed January 26, 2009; (5) Defendants' Reply Memorandum of Law in Support of Their Motion to Dismiss Portions of Plaintiff's Complaint, which reply memorandum was attached as Exhibit A to

Defendants' Motion for Leave to File a Reply Brief in Support of Their Motion to Dismiss; and for the reasons articulated in the accompanying Opinion, IT IS ORDERED that Defendants' Motion to Dismiss is granted in part and denied in part. IT IS FURTHER ORDERED that on or before October 23, 2009, plaintiff shall make a more definite statement of her First Amendment Retaliation claim in Count I pursuant to Federal Rule of Civil Procedure 12(e), or plaintiff's First Amendment Retaliation claim may be dismissed for failure to state a claim upon which relief can be granted. IT IS FURTHER ORDERED that plaintiff's Equal Protection claims in Count I are dismissed against all defendants. IT IS FURTHER ORDERED that Count I is dismissed against defendant Delaware County Community College. IT IS FURTHER ORDERED that Counts IV, V, VI, and VII of plaintiff's Complaint are dismissed in their entirety. IT IS FURTHER ORDERED that in all other respects Defendants' Motion to Dismiss is denied. IT IS FURTHER ORDERED that defendants shall have until November 12, 2009 to answer plaintiff's Complaint. BY THE COURT: /s/ James Knoll Gardner James Knoll Gardner United States District Judge - ii -