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Leif Henry v. City of Allentown

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


January 7, 2013

LEIF HENRY, PLAINTIFF,
v.
CITY OF ALLENTOWN, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Lawrence F. Stengel, J.

ORDER

AND NOW, this 7th day of January 2013, upon consideration of Defendants' Motion to Dismiss (Doc. No. 5), Plaintiff's Response thereto (Doc. No. 9), Defendants' Motion for Leave to File a Reply Brief (Doc. No. 10), and Defendants' Reply (Doc. No. 10, Ex. A), IT IS HEREBY ORDERED that:

1. Defendants' Motion for Leave to File a Reply Brief is GRANTED. Defendants' Reply, attached as Exhibit A to Defendants' Motion for Leave to File a Reply Brief, shall be deemed filed.

2. Defendants' Motion to Dismiss is GRANTED, as follows:

a. Counts I and II are dismissed without prejudice to Plaintiff's right to file a second amended complaint, within fourteen (14) days of this Order, stating plausible § 1981 discrimination and § 1983 procedural due process claims against Defendants City of Allentown and Maclean;

b. Count III is dismissed with prejudice as to Defendant MacLean;

c. Count IV is dismissed with prejudice as to Defendant MacLean but without prejudice to Plaintiff's right to file a second amended complaint, within fourteen (14) days of this Order, stating a plausible ADA retaliation claim against Defendant City of Allentown.

3. Per my Order of August 27, 2012, discovery in this matter remains STAYED.

BY THE COURT:

Lawrence F. Stengel

20130107

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