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07-1778 - S. v. SCHOOL DISTRICT OF PHILADELPHIA et al


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07-1778 - S. v. SCHOOL DISTRICT OF PHILADELPHIA et al
June 10, 2008
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MEMORANDUM AND ORDER THAT THE MOTION OF DEFT SCHOOL DISTRICT OF PHILA TO DISMISS AMENDED COMPLAINT IS GRANTED IN PART AND DENIED IN PART AS FOLLOWS: THE MOTION OF DEFT SCHOOL DISTRICT OF PHILA TO DISMISS COUNT I OF THE AMENDED COMPLAINT IS GRANTED, ETC. THE MOTION OF DEFT SCHOOL DISTRICT OF PHILA TO DISMISS COUNST II AND III OF THE AMENDED COMPLAINT IS DENIED WITHOUT PREJUDICE, ETC. PLFFS' MOTION FOR SUMMARY JUDGMENT AS TO COUNTS I, II, AND VIII OF THE AMENDED COMPLAINT IS DENIED. THE MOTION OF DEFT HARRY J. GAFFNEY TO DISMISS COUNT VI IS GRANTED AND PLFFS' AMENDED COMPLAINT AGAINST DEFT HARRY J. GAFFNEY IS DISMISSED WITHOUT PREJUDICE. THE MOTION OF DEFTS FRANKLIN GANTZ, MICHAEL SMITH AND RICKARD JENKINS TO DISMISS COUNT VI IS GRANTED IN PART AND DENIED IN PART AS FOLLOWS: COUNT VI OF THE AMENDED COMPLAINT IS DISMISSED WITHOUT PREJUDICE, ETC. IT IS FURTHER ORDERED THAT PLFFS ARE GRANTED LEAVE TO FILE AND SERVE A SECOND AMENDED COMPLAINT ON OR BEFORE 6/24/08, LIMITED TO THE CLAIMS ASSERTED IN COUNT VI OF THE AMENDED COMPLAINT WHICH WERE DISMISSED WITHOUT PREJUDICE. ( SIGNED BY HONORABLE JAN E. DUBOIS ON 6/10/08. ) 6/10/08 ENTERED AND COPIES E-MAILED AND FAXED BY CHAMBERS.(gn, )