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Bookheimer v. County of Montgomery

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


October 28, 2010

JULIE BOOKHEIMER, PLAINTIFF,
v.
COUNTY OF MONTGOMERY, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Berle M. Schiller, J.

ORDER

AND NOW, this 28th day of October, 2010, upon consideration of Defendants' Motion to Dismiss and Motion for Summary Judgment, Plaintiff's response thereto, and for the reasons stated in this Court's Memorandum of October 28, 2010,it is hereby ORDERED that:

1. The motion to dismiss (Document No. 4) is GRANTED in part and DENIED in part as follows:

a. The motion is DENIED as to Plaintiff's Federal Equal Pay Act claim against Montgomery County.

b. The motion is GRANTED without prejudice as to Plaintiff's Federal Equal Pay Act claims against all individual Defendants.

c. The motion is GRANTED without prejudice as to Plaintiff's 42 U.S.C. § 1983 claim against Montgomery County and all individual Defendants in their individual capacities.

d. The motion is GRANTED with prejudice as to Plaintiff's 42 U.S.C. § 1983 claim against all individuals Defendants in their official capacities.

e. The motion is DENIED as to Plaintiff's Pennsylvania Equal Pay Act claim against Montgomery County.

f. The motion is GRANTED without prejudice as to Plaintiff's Pennsylvania Equal Pay Act claims against all individual Defendants.

g. The motion is DENIED as to Plaintiff's Pennsylvania Constitution claims against Montgomery County.

h. The motion is GRANTED without prejudice as to Plaintiff's Pennsylvania Constitution claims against all individual Defendants.

2. Defendants' motion for summary judgment is DENIED as moot.

3. If Plaintiff elects to file an Amended Complaint, she shall do so no later than Friday, November 12, 2010.

20101028

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