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Massi v. City of Philadelphia

United States District Court, Third Circuit

December 6, 2013

JOHN J. MASSI, Plaintiff,
v.
CITY OF PHILADELPHIA et al., Defendants.

ORDER

GENE E.K. PRATTER, District Judge.

AND NOW, this 6th day of December, 2013, upon consideration of Defendants' Motion to Dismiss (Docket No. 29) and Mr. Massi's Response thereto (Docket No. 35), it is HEREBY ORDERED that the Motion is GRANTED IN PART and DENIED IN PART such that:

1. Counts 2, 3, 5 through 9, and 12 are dismissed with prejudice;
2. Count 1 may proceed against Mr. Allen only and is otherwise dismissed with prejudice;
3. Count 4 is dismissed without prejudice as to a claim predicated on Mr. Allen's alleged racial discrimination and otherwise dismissed with prejudice;
4. Count 6 is dismissed with prejudice;
5. Count 10 is dismissed without prejudice as to Messrs. Washington and Vest, and with prejudice as to all other Defendants;
6. Count 11 may proceed against only Messrs. Washington and Vest;
7. Count 13 may proceed against Mr. Vest; and
8. Mr. Massi may petition for leave to amend his Complaint consistent with the guidance provided in the Memorandum accompanying this Order.[1]

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