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17-262 - BOYLE et al v. CITY OF PHILADELPHIA et al


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17-262 - BOYLE et al v. CITY OF PHILADELPHIA et al
February 20, 2018
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MEMORANDUM SIGNED BY HONORABLE JAN E. DUBOIS ON 2/16/18. 2/21/18 ENTERED AND COPIES E-MAILED. (va, ) Modified on 2/23/2018 (md).
February 20, 2018
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ORDER THAT DEFENDANTS 8 MOTION TO DISMISS IS GRANTED IN PART AND DENIED IN PART, AS FOLLOWS: THAT PART OF DEFENDANTS MOTION TO DISMISS WHICH SEEKS TO DISMISS CLAIMS BY LAWRENCE BOYLE ON STANDING GROUNDS IS DENIED WITHOUT PREJUDICE TO THE CITYS RIGHT TO RAISE THE ISSUES PRESENTED IN THE MOTION AFTER THE COMPLETION OF DISCOVERY BY MOTION FOR SUMMARY JUDGMENT AND/OR AT TRIAL; THAT PART OF DEFENDANTS MOTION TO DISMISS WHICH SEEKS TO DISMISS PLAINTIFFS CLAIMS UNDER 42 U.S.C. § 2000(E), ET SEQ. (TITLE VII) IS DENIED WITHOUT PREJUDICE TO THE CITYS RIGHT TO RAISE THE ISSUES PRESENTED IN THE MOTION AFTER THE COMPLETION OF DISCOVERY BY MOTION FOR SUMMARY JUDGMENT AND/OR AT TRIAL; BY AGREEMENT OF THE PARTIES, THAT PART OF DEFENDANTS MOTION TO DISMISS WHICH SEEKS TO DISMISS PLAINTIFFS CLAIMS UNDER 42 U.S.C. § 1981 IS GRANTED WITH PREJUDICE; THAT PART OF DEFENDANTS MOTION TO DISMISS WHICH SEEKS TO DISMISS PLAINTIFF LAWRENCE BOYLES CLAIMS UNDER 42 U.S.C. § 1983 IS GRANTED WITH PREJUDICE ON STATUTE OF LIMITATIONS GROUNDS; THAT PART OF DEFENDANTS MOTION TO DISMISS WHICH SEEKS TO DISMISS PLAINTIFF GERALD BOYLES CLAIMS UNDER 42 U.S.C. § 1983 IS DENIED WITHOUT PREJUDICE TO THE CITYS RIGHT TO RAISE THE ISSUES PRESENTED IN THE MOTION AFTER THE COMPLETION OF DISCOVERY BY MOTION FOR SUMMARY JUDGMENT AND/OR AT TRIAL. IT IS FURTHER ORDERED THAT A PRELIMINARY PRETRIAL CONFERENCE WILL BE SCHEDULED IN DUE COURSE. DISCOVERY MAY PROCEED IN THE INTERIM. SIGNED BY HONORABLE JAN E. DUBOIS ON 2/16/18. 2/21/18 ENTERED AND COPIES E-MAILED. (va, )