DOE v. The Pennsylvania State University et al

Filing 77

ORDER (memorandum filed previously as separate docket entry): IT IS HEREBY ORDERED that Defendants' 50 Motion to Dismiss, is GRANTED IN PART and DENIED IN PART. Plaintiff is GRANTED leave to amend his complaint, as indicated in the accompanying Memorandum Opinion, no later than twenty-one (21) days from the date of this Order. (See Order for further/complete details.) Signed by Honorable Matthew W. Brann on 1/8/2018. (jn)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
JOHN DOE,

No. 4:17-CV-01315
Plaintiff.

(Judge Brann)

v.
THE PENNSYLVANIA STATE
UNIVERSITY, THE
PENNSYLVANIA STATE
UNIVERSITY BOARD OF
TRUSTEES, ERIC J. BARRON, PAUL
APICELLA, KAREN FELDBAUM,
and KATHARINA MATIC,
Defendant.
ORDER
AND NOW, this 8th day of January 2018, in accordance with the
accompanying Memorandum Opinion, IT IS HEREBY ORDERED that
Defendants’ Motion to Dismiss, ECF No. 50, is GRANTED IN PART and
DENIED IN PART as follows:
1.

The motion is GRANTED as to Plaintiff’s Due Process Clause claim
(Count I) brought against The Pennsylvania State University Board of
Trustees in their official and individual capacities, Eric J. Barron in
his official and individual capacities, Paul Apicella in his official

capacity, Karen Feldbaum in her official capacity, and Katharina
Matic in her official capacity.
2.

The motion is DENIED as to Plaintiff’s Due Process Clause claim
(Count I) brought against Paul Apicella in his individual capacity,
Karen Feldbaum in her individual capacity, and Katarina Matic in her
individual capacity.

3.

The motion is DENIED as to Plaintiff’s Title IX claim (Count II).

4.

The motion is GRANTED as to Plaintiff’s breach of the covenant of
good faith and fair dealing claim (Count IV).

5.

The motion is GRANTED as to Plaintiff’s promissory estoppel claim
(Count V).

6.

Plaintiff is GRANTED leave to amend his complaint, as indicated in
the accompanying Memorandum Opinion, no later than twenty-one
(21) days from the date of this Order.
BY THE COURT:

s/ Matthew W. Brann
Matthew W. Brann
United States District Judge

-2-