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Josephine Swartz v. Teachers Insurance and Annuity

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


March 30, 2012

JOSEPHINE SWARTZ, PLAINTIFF
v.
TEACHERS INSURANCE AND ANNUITY ASSOCIATION - COLLEGE RETIREMENT EQUITIES FUND, DOING BUSINESS AS TIAA-CREF, DEFENDANT JOSEPHINE A. SWARTZ, PLAINTIFF
v.
LEHIGH UNIVERSITY, DEFENDANT

The opinion of the court was delivered by: James Knoll Gardner United States District Judge

ORDER

Now, this 30th day of March, 2012, upon consideration of the following documents:

(1) Motion to Dismiss filed by defendant Lehigh University on May 26, 2011 (Document 12), together with a Memorandum in Support of Motion to Dismiss (Document 12-1);

(2) Answer to Motion to Dismiss filed by plaintiff on August 31, 2011, together with Plaintiff's Brief in Opposition to Defendant Lehigh University's Motion to Dismiss (Document 25);

(3) Reply Memorandum to Plaintiff's Opposition to Motion to Dismiss, which memorandum was filed by defendant Lehigh University on September 21, 2011 (Document 27); and

(4) Amended Complaint filed by plaintiff on March 24, 2011, together with Exhibits A-H (Document 7); and for the reasons articulated in the accompanying Opinion,

IT IS ORDERED that defendant's motion to dismiss is granted.

IT IS FURTHER ORDERED that Count I of the Amended Complaint is dismissed with prejudice.

IT IS FURTHER ORDERED that the Amended Complaint is dismissed without prejudice for plaintiff to file a Second Amended Complaint in accordance with the accompanying Opinion.

BY THE COURT:

James Knoll Gardner

20120330

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