IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
May 12, 2011
STEPHEN RUDER PLAINTIFF
PEQUEA VALLEY SCHOOL DISTRICT, ET AL. DEFENDANTS.
The opinion of the court was delivered by: Mitchell S. Goldberg, J.
ORDER AND NOW, this 12th day of May, 2011, upon consideration of the "Motion to Dismiss pursuant to F.R.C.P. 12(b)(2) and 12(b)(6)" (doc. no. 7) "Defendant's Motion to Dismiss Plaintiff's Complaint" (doc. no. 8), and the responses in opposition, it is hereby ORDERED that the motions are GRANTED in part and DENIED in part as follows:
- Counts VI, VII, IX, X, are DISMISSED; - Count V is DISMISSED as to the Regional Gastroenterology Associates of Lancaster; and - Count XIII is DISMISSED solely as to Defendants Patrick Hallock and Defendant Brian Ferris.
Plaintiff has fourteen days from the date of this Order to amend his amended complaint as to Count I. Application for dismissal of the claims may be made if a timely amendment is not forthcoming within that time. If the plaintiff does not desire to amend, he may file an appropriate notice with the Court asserting his intent to stand on the complaint.
BY THE COURT:
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