KERCHER v. THE READING MUHLENBERG CAREER & TECHNOLOGY CENTER

Filing 19

ORDER THAT DEFENDANTS MOTION TO DISMISS IS GRANTED AS TO COUNTS I AND II OF THE PLAINTIFFS COMPLAINT AND PLAINTIFF SHALL HAVE UNTIL DECEMBER 27, 2016 TO FILE A SECOND AMENDED COMPLAINT WITH RESPECT TO COUNTS I AND II. IT IS ALSO ORDERED THAT DEFENDANTS MOTION TO DISMISS IS DENIED AS TO ALL REMAINING CLAIMS. SIGNED BY MAGISTRATE JUDGE HENRY S. PERKIN ON 12/5/16. 12/5/16 ENTERED AND COPIES E-MAILED.(mas, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA ____________________________________ : JEAN KERCHER : : Plaintiff : : v. : CIVIL ACTION NO. 15-06674 : THE READING MUHLENBERG : CAREER & TECHNOLOGY CENTER : : Defendant : ___________________________________ : ORDER AND NOW, this 5th day of December, 2016, upon consideration of the Defendant’s Motion to Dismiss (Docket No. 5), the Response to the Motion (Docket No.9), Defendant’s Reply Brief (Docket No. 12), and Plaintiff’s Supplemental Brief in Response (Docket No. 14), and for the reasons stated in the accompanying Memorandum, IT IS ORDERED that Defendant’s Motion to Dismiss is GRANTED as to Counts I and II of the Plaintiff’s Complaint and Plaintiff shall have until December 27, 2016 to file a Second Amended Complaint with respect to Counts I and II. IT IS ALSO ORDERED that Defendant’s Motion to Dismiss is DENIED as to all remaining claims. BY THE COURT /s/ Henry S. Perkin HENRY S. PERKIN United States Magistrate Judge

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