IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
March 30, 2012
JOSEPHINE SWARTZ, PLAINTIFF
TEACHERS INSURANCE AND ANNUITY ASSOCIATION - COLLEGE RETIREMENT EQUITIES FUND, DOING BUSINESS AS TIAA-CREF, DEFENDANT JOSEPHINE A. SWARTZ, PLAINTIFF
LEHIGH UNIVERSITY, DEFENDANT
The opinion of the court was delivered by: James Knoll Gardner United States District Judge
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
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