PLOEGER v. TRUSTEES OF THE UNIVERSITY OF PENNSYLVANIA, No. 2:2022cv02389 - Document 10 (E.D. Pa. 2023)
Court Description: OPINION ORDER THAT THE MOTION TO DISMISS IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. SIGNED BY HONORABLE JOEL H. SLOMSKY ON 1/31/23. 1/31/23 ENTERED AND COPIES E-MAILED.(amas)
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PLOEGER v. TRUSTEES OF THE UNIVERSITY OF PENNSYLVANIA Doc. 10 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA APRIL PLOEGER, Plaintiff, v. CIVIL ACTION NO. 22-02389 TRUSTEES OF THE UNIVERSITY OF PENNSYLVANIA, Defendant. ORDER AND NOW, this 31st day of January 2023, upon consideration of Defendant’s Partial Motion to Dismiss the Fourth Amended Complaint (Doc. No. 2), Plaintiff’s Response in Opposition (Doc. No. 4), Defendant’s Reply (Doc. No. 5), and the arguments of counsel for the parties at the hearing on the Partial Motion held on October 28, 2022, it is ORDERED that the Motion to Dismiss (Doc. No. 2) is GRANTED in part and DENIED in part as follows: 1. The Motion to Dismiss (Doc. No. 2) is DENIED as to Counts V and VI 2. The Motion to Dismiss (Doc. No. 2) is GRANTED as to Counts I, II, III, IV, VII, and VIII. 3. Counts I, II, VII, and VIII are DISMISSED with prejudice. 4. Counts III and IV are DISMISSED without prejudice. 5. The remaining claims are Count V (ADA retaliation) and Count VI (Title IX retaliation). BY THE COURT: /s/ Joel H. Slomsky ____________________ JOEL H. SLOMSKY, J. Dockets.Justia.com
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