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15-2259 - WYATT v. PHILADELPHIA HOUSING AUTHORITY et al


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15-2259 - WYATT v. PHILADELPHIA HOUSING AUTHORITY et al
March 1, 2016
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MEMORANDUM AND/OR OPINION. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 3/1/2016. 3/2/2016 ENTERED AND COPIES E-MAILED.(sg, )
March 1, 2016
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ERED AND COPIES E-MAILED.(sg, )ORDER THAT PLAINTIFF HAS VOLUNTARILY DISMISSED COUNTS II, IV, AND VII OF THE AMENDED COMPLAINT, AS WELL AS THE BREACH OF FIDUCIARY DUTY CLAIMS SET FORTH IN COUNT I, AND THE ERISA CLAIMS AGAINST THE PHA IN COUNT VI. THESE CLAIMS ARE DISMISSED WITH PREJUDICE. THE REMAINING CLAIMS IN COUNT I AND VI AND THE CLAIMS IN COUNTS III AND V ARE DISMISSED WITHOUT PREJUDICE. PLAINTIFF MAY FILE A SECOND AMENDED COMPLAINT TO ATTEMPT TO REMEDY THE PLEADING DEFICIENCIES WITH REGARD TO THE BREACH OF CONTRACT/UNJUST ENRICHMENT CLAIMS, THE RETALIATION CLAIMS, AND THE ERISA CLAIM AGAINST THE UNION, ON OR BEFORE 3/21/2016. FAILURE TO DO SO WILL RESULT IN THE DISMISSAL OF THESE CLAIMS WITH PREJUDICE. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 3/1/2016. 3/2/2016 ENT