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07-230 - JORITZ v. EDINBORO UNIVERSITY OF PENNSYLVANIA


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07-230 - JORITZ v. EDINBORO UNIVERSITY OF PENNSYLVANIA
April 15, 2008
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MEMORANDUM ORDER re 12 Motion to Dismiss filed by EDINBORO UNIVERSITY OF PENNSYLVANIA. IT IS ORDERED that Defendant's motion to dismiss will be converted into a motion for summary judgment with respect to Counts I through IV. Resolution of Defendant's motion will be adjourned for twenty-one days in order to provide the parties with proper notice of the conversion and the opportunity to present their proofs to support their respective positions. IT IS FURTHER ORDERED that insofar as plaintiff concedes that Count V should be dismissed on the grounds of Eleventh Amendment immunity, and has voluntarily withdrawn that claim, the Motion to Dismiss is denied as moot with respect to Count V. Count V of the Complaint is dismissed with prejudice. Signed by Judge Maurice B. Cohill on 4/14/2008. (sjs)
June 24, 2008
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OPINION re 12 MOTION for Summary Judgment filed by EDINBORO UNIVERSITY OF PENNSYLVANIA. Signed by Judge Maurice B. Cohill on 6/23/2008. (sjs)