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Fatiregun v. City of Philadelphia

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


October 2, 2009

CHRISTIANA FATIREGUN, PLAINTIFF,
v.
CITY OF PHILADELPHIA, DEFENDANT.

The opinion of the court was delivered by: Hon. Petrese B. Tucker, U.S.D.J.

ORDER

AND NOW, this ____ day of October, 2009, upon consideration of Defendant's Motion for Reconsideration of the Court's Order Denying, in Part, Defendant's Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) or in the Alternative to Certify an Interlocutory Appeal (Doc. 7) ("Defendant's Motion for Reconsideration"); Plaintiff's Motion for an Enlargement of Time to Answer Defendant's Motion for Reconsideration of the Court's Order Denying, in Part, Defendant's Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) or in the Alternative to Certify an Interlocutory Appeal (Doc. 8) ("Plaintiff's Motion for an Enlargement of Time"); and Plaintiff's Answer to Defendant's Motion for Reconsideration of the Court's Order Denying, in Part, Defendant's Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) or in the Alternative to Certify an Interlocutory Appeal (Doc. 9) ("Plaintiff's Response"), IT IS HEREBY ORDERED AND DECREED that Plaintiff's Motion for an Enlargement of Time is GRANTED.

IT IS FURTHER ORDERED that Defendant's Motion for Reconsideration is GRANTED IN PART and DENIED IN PART as follows:

1) Plaintiff's Philadelphia Code § 9-1104 claim is DISMISSED with prejudice;

2) Plaintiff's § 1983 claim for conduct in violation of § 1981 is DISMISSED with prejudice; and,

3) Plaintiff's § 1981a claim is DISMISSED with prejudice.*fn1 IT IS FURTHER ORDERED that Plaintiff is granted leave to amend her Complaint to clarify the events alleged in paragraph 9(f) that gave rise to her Title VII retaliation claim. Plaintiff must file her amended complaint within 20 days of this Order.

All other provisions of the Court's May 30, 2009 Order shall remain in effect.


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