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16-1127 - Doe v. University of St. Thomas


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16-1127 - Doe v. University of St. Thomas
March 1, 2017
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MEMORANDUM OPINION AND ORDER granting in part and denying in part defendant's 43 Motion to Dismiss. The motion is GRANTED as to Counts, I, II, III, IV, and V. Plaintiff's claims for Declaratory Judgment (Count I), Breach of Contract (Count IV), and Breach of the Covenant of Good Faith and Fair Dealing (Count V) are dismissed with prejudice. Plaintiff's claims for Violation of Title IX Erroneous Outcome (Count II) and Violation of Title IX Deliberate Indifference (Count III) are dismissed without prejudice. The motion is DENIED with respect to the negligence claims found in Count VI of the Amended Complaint.(Written Opinion) Signed by Chief Judge John R. Tunheim on March 1, 2017. (DML)