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Byrd v. City of Philadelphia

United States District Court, Third Circuit

October 22, 2013

DOROTHY BYRD, EDWARD CHEW, PATRICIA BRYANT, and WANDA DOREEN DAVIS, Plaintiffs,
v.
CITY OF PHILADELPHIA, and BARBARA A. DEELY, Defendants.

ORDER

GENE E.K. PRATTER, District Judge.

AND NOW, this 22nd day of October, 2013, upon consideration of Defendants' Partial Motion to Dismiss (Docket No. 3) and Plaintiffs' Opposition thereto (Docket No. 4), it is hereby ORDERED that Defendants' Motion is GRANTED in part, and DENIED in part as follows:

1. Defendants' Motion is GRANTED as to Count II regarding Plaintiffs' allegations of disparate impact, and those allegations are DISMISSED without prejudice.

2. Defendants' Motion is GRANTED as to Count III, and Count III is DISMISSED without prejudice.

3. Defendants' Motion is GRANTED as to Count V, and Plaintiff Chew is DISMISSED with prejudice, and Plaintiff Bryant is DISMISSED without prejudice.

4. Defendants' Motion is GRANTED as to Count VII, and Plaintiff Chew is DISMISSED with prejudice, and Plaintiff Bryant is DISMISSED without prejudice.

5. Plaintiffs may file an amended complaint no later than 14 days from the date of this order.


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