IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
August 26, 2009
MIGUEL A. ALERS AND DENISE SZUSTOWICZ PLAINTIFFS,
CITY OF PHILADELPHIA, ET AL. DEFENDANTS.
The opinion of the court was delivered by: C. Darnell Jones II, J.
AND NOW, this 26th day of August, 2009, it is hereby ORDERED that:
1. Defendants' Motion to Withdraw Deemed Admissions (Doc. No. 21) is GRANTED.
2. Plaintiff's Cross-Motion [sic] for Summary Judgment (Doc. No. 20) is DENIED.
3. Defendants' Motion to Dismiss in Part (Docket No. 19) is GRANTED IN PART and DENIED IN PART, WITHOUT PREJUDICE, as follows:
a. Count I is dismissed as to Plaintiff Szustowicz;
b. Count V is dismissed; and
c. Count VI is dismissed as follows:
(i) Pennsylvania Minimum Wage Act claim is dismissed except as to Plaintiff Alers against Defendants Seaborough and Brown, and
(ii) Emotional Distress [sic] claim is dismissed.
4. Plaintiffs are GRANTED LEAVE to file a Second Amended Complaint within seven days of the date of this order to re-assert dismissed claims and/or clarify remaining claims. There will be no further opportunity for Plaintiffs to amend and no extension of this deadline.
5. Defendants shall file a responsive pleading within twenty days of the service of any Second Amended Complaint.
The parties are strongly cautioned to heed footnote 1 of the Court's accompanying Memorandum.
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