BERGER v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION

Filing 40

ORDER THAT DEFENDANT'S MOTION TO DISMISS COUNT IV OF THE AMENDED COMPLAINT, ECF NO. 31, IS DENIED. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 4/24/18. 4/24/18 ENTERED AND COPIES E-MAILED.(er, )

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF PENNSYLVANIA __________________________________________ ALICE BERGER, : : Plaintiff, : : v. : : COMMONWEALTH OF PENNSYLVANIA : DEPARTMENT OF TRANSPORTATION, : : Defendant. : __________________________________________ No. 5:16-cv-06557 ORDER AND NOW, this 24th day of April, 2018, upon consideration of Defendant’s Motion to Dismiss Count IV of the Amended Complaint, ECF No. 31, and for the reasons set forth in the Opinion issued this date, it is ORDERED that Defendant’s Motion, ECF No. 31, is DENIED. BY THE COURT: /s/ Joseph F. Leeson, Jr.__________ JOSEPH F. LEESON, JR. United States District Judge 1 042418

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