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Kuhns v. City of Allentown

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


March 31, 2009

KATHLEEN KUHNS; JOYCE MAZALEWSKI; AND KATHLEEN TEAY, PLAINTIFFS
v.
CITY OF ALLENTOWN; CHIEF OF POLICE ROGER MACLEAN, BOTH INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY; ALLENTOWN WOMEN'S CENTER, INC.; AND JENNIFER BOULANGER, DEFENDANTS

The opinion of the court was delivered by: James Knoll Gardner United States District Judge

ORDER

NOW, this 31st day of March, 2009, upon consideration of the following documents:

(1) Motion to Dismiss of Defendants Allentown Women's Center and Jennifer Boulanger filed July 24, 2008;

(2) Memorandum of Law in Support of Motion of Defendants Allentown Women's Center and Jennifer Boulanger to Dismiss the Complaint, which memorandum was filed July 24, 2008;

(3) Plaintiffs' Brief in Opposition to Fed.R.Civ.P. 12(b)(6) Motion to Dismiss by Defendants Allentown Women's Center and Jennifer Boulanger, which brief was filed August 28, 2008; and

(4) Complaint for Injunctive Relief and Damages filed by plaintiffs June 4, 2008; and for the reasons articulated in the accompanying Opinion,

IT IS ORDERED that the Motion to Dismiss of Defendants Allentown Women's Center and Jennifer Boulanger is granted in part and denied in part.

IT IS FURTHER ORDERED that Count II and Count III of plaintiffs' Complaint for Injunctive Relief and Damages are dismissed in their entirety.*fn1

IT IS FURTHER ORDERED that in all other respects the Motion to Dismiss of Defendants Allentown Women's Center and Jennifer Boulanger is denied.

IT IS FURTHER ORDERED that defendants Allentown Women's Center, Inc. and Jennifer Boulanger shall have until April 24, 2009 to answer plaintiff's Complaint.


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