IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
January 6, 2010
SHAMUS REILLY, PLAINTIFF,
UPPER DARBY TOWNSHIP, DEFENDANT.
The opinion of the court was delivered by: William H. Yohn Jr., Judge
AND NOW on this 6th day of January, 2010, upon consideration of the motion to dismiss (Docket No. 6) of defendant, Upper Darby Township, and plaintiff's opposition thereto, IT IS HEREBY ORDERED that:
1. The motion is DENIED with respect to Count I without prejudice to the right of defendant to file a motion for summary judgment, if appropriate, after plaintiff has had the opportunity to conduct discovery on the tolling issue for a period of 60 days from the date of this order; and
2. The motion is GRANTED with respect to Count II, which is DISMISSED WITHOUT PREJUDICE to plaintiff's right to file a Second Amended Complaint reinstating that count following the completion of the administrative process if the claim has not been administratively resolved.
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