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Byars v. School District of Philadelphia

United States District Court, Third Circuit

April 30, 2013

JOHN L. BYARS, Plaintiff,
v.
THE SCHOOL DISTRICT OF PHILADELPHIA, ETAL., Defendants.

ORDER

MITCHELL S. GOLDBERG, District Judge.

AND NOW, this 30th day of April, 2013, upon consideration of Defendants' "Motion to Dismiss Plaintiff's Complaint" (Doc. No. 42), the response, reply, sur-reply and supplemental briefings thereto, after oral argument, and for the reasons set forth in the accompanying Memorandum Opinion, it is hereby ORDERED that the motion is GRANTED in part and DENIED in part as follows:

- Counts IV-V, IX-XII and XVI are DISMISSED in their entirety;
- The remaining state law claims (Counts I-III, VI-VIII and XVII) are DISMISSED against the School District of Philadelphia, the School Reform Commission, Archie, McGregor-Armbrister, Dworetzky and Irizarry;
- The remaining defamation claims (Counts I, III and VII) are DISMISSED against Ackerman;
- Count XIII is DISMISSED against the School District of Philadelphia, the School Reform Commission, Archie, McGregor-Armbrister, Dworetzky and Irizarry. Count XIII is also DISMISSED against Ackerman, Nunery and Matthews in their official capacity only;
- Counts XIV-XV are STAYED pending the outcome of Plaintiff's administrative appeal. The parties are directed to file a joint status report on September 30, 2013 and every sixty (60) days thereafter;
- Plaintiff shall have twenty-one (21) days from the date of this Order to amend her Complaint as to Count V.

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