IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
September 26, 2012
KENNETH GREENE, PLAINTIFF
CITY OF PHILADELPHIA AND JOHN/JANE DOES #1-10,000, DEFENDANTS
The opinion of the court was delivered by: Cynthia M. Rufe, J.
ORDER AND NOW, this 26th day of September 2012, upon consideration of Defendant's Motion to Dismiss and the opposition thereto, and for the reasons stated in the accompanying Memorandum Opinion, it is hereby ORDERED that the Motion is DENIED as to claims in Count I for racial discrimination based on hostile work environment and in Count II for retaliation for assertion of First Amendment rights. In all other respects the Motion is GRANTED WITHOUT PREJUDICE.
It is further ORDERED that paragraphs 11.a. and 11.c. of the First Amended Complaint are STRICKEN.
It is further ORDERED that Plaintiff may file a Second Amended Complaint within 21 days of the date of this order.
It is so ORDERED.
BY THE COURT:
Cynthia M. Rufe
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