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BICKLE v. CITY OF PHILADELPHIA, 16-5480. (2016)

Court: District Court, E.D. Pennsylvania Number: infdco20161209c02 Visitors: 3
Filed: Dec. 07, 2016
Latest Update: Dec. 07, 2016
Summary: ORDER JAN E. DuBOIS , District Judge . AND NOW, this 7th day of December, 2016, upon consideration of defendant City of Philadelphia's Motion to Dismiss for Failure to State a Claim (Document No. 2, filed October 27, 2016), plaintiffs' Answer in Opposition to Defendant, City of Philadelphia's Motion to Dismiss Plaintiffs' Complaint (Document No. 6, filed November 10, 2016), defendant Archdiocese of Philadelphia's Motion to Dismiss for Failure to State a Claim (Document No. 5, filed Octobe
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ORDER

AND NOW, this 7th day of December, 2016, upon consideration of defendant City of Philadelphia's Motion to Dismiss for Failure to State a Claim (Document No. 2, filed October 27, 2016), plaintiffs' Answer in Opposition to Defendant, City of Philadelphia's Motion to Dismiss Plaintiffs' Complaint (Document No. 6, filed November 10, 2016), defendant Archdiocese of Philadelphia's Motion to Dismiss for Failure to State a Claim (Document No. 5, filed October 28, 2016), and plaintiffs' Answer in Opposition to Defendant, Archdiocese of Philadelphia's Motion to Dismiss Plaintiffs' Complaint (Document No. 7, filed November 10, 2016), for the reasons set forth in the accompanying Memorandum dated December 7, 2016, IT IS ORDERED as follows:

1. The City of Philadelphia's Motion to Dismiss is GRANTED, and plaintiffs' claims against the City of Philadelphia are DISMISSED;

2. The Archdiocese of Philadelphia's Motion to Dismiss is GRANTED, and plaintiffs' claims against the Archdiocese of Philadelphia are DISMISSED IN PART, as follows:

a. Plaintiffs' claims against the Archdiocese for assault and battery in Counts 4-7 of the Complaint are DISMISSED;

b. Plaintiffs' claims against the Archdiocese in Count 8 are DISMISSED IN PART. Those parts of Count 8 that state negligence claims by Bickle, R.O., and A.B. against the Archdiocese are DISMISSED. Those parts of Count 8 that state negligence claims by Bickle, D.E., R.O., and A.B. against the Archdiocese, based on the negligence, if any, of other defendants, are DISMISSED.1

This decision is WITHOUT PREJUDICE to plaintiffs' right to file and serve an amended complaint within twenty (20) days of the entry of this Order if warranted by the facts and applicable law.

FootNotes


1. The Archdiocese does not seek to dismiss those parts of Count 8 that state negligence claims by D.E. against the Archdiocese, based on the alleged acts or omissions of the Archdiocese. Therefore, those claims may proceed.
Source:  Leagle

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