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Gjeka v. Delaware County Community College

United States District Court, Third Circuit

May 23, 2013

KSENIYA GJEKA, A/K/A KSENIYA MELNYCHENKO, Plaintiff,
v.
DELAWARE COUNTY COMMUNITY COLLEGE and JOHN PRESTON, Defendants

ORDER

JOEL H. SLOMSKY, District Judge.

AND NOW, this 23rd day of May 2013, upon consideration of John Preston's Motion to Dismiss for Failure to State a Claim (Doc. No. 19), Delaware County Community College's Motion to Dismiss for Failure to State a Claim (Doc. Nos. 21, 22), Plaintiff's Response in Opposition to Delaware County Community College's Motion to Dismiss for Failure to State a Claim (Doc. No. 23), Plaintiff's Response in Opposition to John Preston's Motion to Dismiss for Failure to State a Claim (Doc. No. 24), and Delaware County Community College's Reply to Plaintiff's Response in Opposition to Delaware County Community College's Motion to Dismiss for Failure to State a Claim (Doc. No. 25), and in accordance with the Opinion of the Court issued this day, it is ORDERED that:

1. Defendant Delaware County Community College's Motion to Dismiss (Doc. Nos. 21 and 22) is GRANTED IN PART AND DENIED IN PART. The Motion to Dismiss is GRANTED on Counts 1, 2, 3, 4, 5, 6, 7, and 9. The Motion to Dismiss is DENIED on Count 8.
2. Defendant Preston's Motion to Dismiss for Failure to State a Claim (Doc. No. 19) is GRANTED in its entirety.
3. Defendant John Preston is dismissed as a party in this action.
4. This case shall be remanded to the Court of Common Pleas of Delaware County.

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