TSHUDY v. PENNSYLVANIA STATE UNIVERSITY

Filing 45

ORDER (memorandum filed previously as separate docket entry) - IT IS HEREBY ORDERED that Defendant's 29 Motion to Dismiss is GRANTED. (See Order for further details.) Amended Pleadings due by 11/28/2022. Signed by Chief Judge Matthew W. Brann on 11/18/2022. (jr)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
TRISHA TSHUDY,

No. 4:22-CV-01431

Plaintiff,

(Chief Judge Brann)

v.
PENNSYLVANIA STATE
UNIVERSITY,
Defendant.
ORDER
NOVEMBER 18, 2022
In accordance with the accompanying Memorandum Opinion, IT IS
HEREBY ORDERED that Defendant’s Motion to Dismiss (Doc. 29) is
GRANTED as follows:
1.

Plaintiff’s first cause of action (violation of due process rights) is
DISMISSED with prejudice pursuant to Federal Rule of Civil
Procedure 12(b)(6);

2.

Plaintiff’s second cause of action (discrimination under the Americans
with Disabilities Act) is DISMISSED without prejudice pursuant to
Federal Rule of Civil Procedure 8(a)(2);1

1

Plaintiff is given leave to amend her Complaint within 10 (ten) days of this Order.

3.

Plaintiff’s third cause of action (violation of First Amendment rights)
is DISMISSED with prejudice pursuant to Federal Rule of Civil
Procedure 12(b)(6).
BY THE COURT:

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