Tucker v. School District of Philadelphia, 19-889. (2019)
Court: District Court, E.D. Pennsylvania
Number: infdco20190815f22
Visitors: 2
Filed: Aug. 13, 2019
Latest Update: Aug. 13, 2019
Summary: ORDER GERALD J. PAPPERT , District Judge . AND NOW , this 13th day of August, 2019, upon consideration of Defendants' Motion to Dismiss (ECF No. 9), Plaintiff's Response (ECF No. 12) and Defendants' Reply (ECF No. 13), it is hereby ORDERED that: 1. The Motion to Dismiss Count I is DENIED as to Defendant Walsh and GRANTED as to Defendant School District of Philadelphia; 2. The Motion to Dismiss Count II is GRANTED ; 3. The Motion to Dismiss Count III is DENIED as to Defendant Wals
Summary: ORDER GERALD J. PAPPERT , District Judge . AND NOW , this 13th day of August, 2019, upon consideration of Defendants' Motion to Dismiss (ECF No. 9), Plaintiff's Response (ECF No. 12) and Defendants' Reply (ECF No. 13), it is hereby ORDERED that: 1. The Motion to Dismiss Count I is DENIED as to Defendant Walsh and GRANTED as to Defendant School District of Philadelphia; 2. The Motion to Dismiss Count II is GRANTED ; 3. The Motion to Dismiss Count III is DENIED as to Defendant Walsh..
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ORDER
GERALD J. PAPPERT, District Judge.
AND NOW, this 13th day of August, 2019, upon consideration of Defendants' Motion to Dismiss (ECF No. 9), Plaintiff's Response (ECF No. 12) and Defendants' Reply (ECF No. 13), it is hereby ORDERED that:
1. The Motion to Dismiss Count I is DENIED as to Defendant Walsh and GRANTED as to Defendant School District of Philadelphia;
2. The Motion to Dismiss Count II is GRANTED;
3. The Motion to Dismiss Count III is DENIED as to Defendant Walsh and GRANTED as to Defendant School District of Philadelphia;
4. The Motion to Dismiss Count IV against Defendant School District of Philadelphia is GRANTED.
Count I is DISMISSED without prejudice as to the School District of Philadelphia. Count II is DISMISSED as to both Defendants. Counts III and IV are DISMISSED as to the School District of Philadelphia.
Plaintiff may amend Count I of the Complaint, consistent with the Court's Memorandum, on or before August 30, 2019. Should Plaintiff fail to do so, Count I will be dismissed with prejudice as to the School District of Philadelphia.
Source: Leagle
