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Lauren Oswald v. Herbert Gibbons and City of Philadelphia

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


May 27, 2011

LAUREN OSWALD, PLAINTIFF,
v.
HERBERT GIBBONS AND CITY OF PHILADELPHIA, DEFENDANTS.

The opinion of the court was delivered by: Jan E. Dubois, J.

ORDER AND NOW, this 27th day of May, 2011, upon consideration of defendants' Motion to Dismiss Plaintiff's Amended Complaint (Document No. 7, filed January 6, 2011) and plaintiff's Opposition to Defendant's Motion to Dismiss (Document No. 9, filed January 20, 2011), for the reasons stated in the Memorandum dated May 27, 2011, IT IS ORDERED that defendants' Motion to Dismiss Plaintiff's Amended Complaint is GRANTED IN PART AND DENIED IN PART as follows:

1. Counts I and II of the Amended Complaint are, by agreement, LIMITED to Herbert Gibbons;

2. Defendants' Motion to Dismiss Count III of the Amended Complaint is DENIED;

3. Defendants' Motion to Dismiss Count IV of the Amended Complaint is GRANTED as to defendant Herbert Gibbons, and that Count is DISMISSED with prejudice as to defendant Herbert Gibbons;

4. Defendants' Motion to Dismiss Count IV of the Amended Complaint as to defendant City of Philadelphia is DENIED with respect to plaintiff's claim based on failure to provide timely and accurate court notices, and is GRANTED as to all other claims against the City of Philadelphia asserted in Count IV;

5. Defendants' Motion to Dismiss Count V of the Amended Complaint is GRANTED,and that Count is DISMISSED with prejudice;

6. Defendants' Motion to Dismiss is DENIED in all other respects.

It is FURTHER ORDERED that a scheduling conference will be conducted by the Court in due course.

BY THE COURT:

Jan E. DuBois

20110527

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