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C.J.S. and C.S. v. Board of Directors of City Trusts

August 17, 2011

C.J.S. AND C.S.
v.
BOARD OF DIRECTORS OF CITY TRUSTS



ORDER

AND NOW, this 17th day of August, 2011, upon consideration of Defendant's Motion to Dismiss (Docket No. 5), and all documents filed in connection therewith, after a Hearing held on July 19, 2011, and for the reasons stated in the accompanying Memorandum, IT IS HEREBY ORDERED that Defendant's Motion is WITHDRAWN IN PART, DENIED IN PART and GRANTED IN PART as follows:

1. Defendant's Motion is WITHDRAWN insofar as it seeks dismissal of Count One pursuant to Federal Rule of Civil Procedure 12(b)(1).

2. Defendant's Motion is DENIED insofar as it seeks dismissal of Count One pursuant to Federal Rule of Civil Procedure 12(b)(6). Plaintiff may proceed to discovery on Count One under a "state-created danger" theory only.

3. Defendant's Motion is DENIED insofar as it seeks dismissal of Count Two pursuant to Federal Rule of Civil Procedure 12(b)(1).

4. Defendant's Motion is GRANTED insofar as it seeks dismissal of Count Two pursuant to Federal Rule of Civil Procedure 12(b)(6), and all claims asserted in Count Two are DISMISSED.

BY THE COURT:

John R. Padova

John R. Padova

20110817

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