PEREZ v. LEBRON et al

Filing 31

ORDER OF 6/3/21 UPON CONSIDERATION OF DEFENDANTS' PARTIAL MOTION TO DISMISS AND TO STRIKE (ECF NO. 14), PLAINTIFF'S RESPONSE THERETO (ECF NO. 17), AND FOR THE REASONS STATED IN THE ACCOMPANYING MEMORANDUM OPINION, IT IS HEREBY ORDERED THAT DEFENDANTS' PARTIAL MOTION TO DISMISS AND STRIKE IS GRANTED IN PART AND DENIED IN PART AS FOLLOWS: PEREZ'S SECTION 1981 CLAIM (COUNT VI) IS DISMISSED WITH PREJUDICE. THE REMAINDER OF THE MOTION IS DENIED. SIGNED BY JUDGE: JOHN M. GALLAGHER ON 6/3/21. 6/3/21 ENTERED AND COPIES E-MAILED. (DT)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
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JOHN PEREZ,

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Plaintiff,
v.

Civil No. 5:20-cv-04331-JMG

OFFICER JOSE LEBRON, et al.,
Defendants.
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ORDER
AND NOW, this 3rd day of June, 2021, upon consideration of Defendants’ Partial Motion
to Dismiss and Motion to Strike (ECF No. 14), Plaintiff’s response thereto (ECF No. 17), and for
the reasons stated in the accompanying Memorandum Opinion, it IS HEREBY ORDERED that
Defendants’ Partial Motion to Dismiss and Motion to Strike (ECF No. 14) is GRANTED in part
and DENIED in part as follows:
1.

Perez’s Section 1981 claim (Count VII) is DISMISSED with prejudice.

2.

The remainder of the Motion is DENIED.
BY THE COURT:
/s/ John M. Gallagher
JOHN M. GALLAGHER
United States District Court Judge