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Harris v. Saint Joseph's University

United States District Court, E.D. Pennsylvania

May 13, 2014

BRIAN HARRIS
v.
SAINT JOSEPH'S UNIVERSITY, et al.

ORDER

L. FELIPE RESTREPO, District Judge.

AND NOW, this 12th day of May, 2014, upon consideration of the Motions to Dismiss of Defendants, Saint Joseph's University and Joseph Kalin ("University Defendants") (ECF Document 23) and Defendant Jane Doe (Document 24), and plaintiffs opposition thereto, for the reasons explained in the accompanying Memorandum, it is hereby ORDERED that:

1. Defendants' Motions to Dismiss Plaintiffs Amended Complaint (Docs. 23 & 24) are GRANTED in part and DENIED in part;

2. Defendants' motions (Docs. 23 & 24) are GRANTED with respect to Plaintiffs claims of breach of contract (Count I), violation of Title IX (Count II), negligence (Count III), making public statements placing plaintiff in a false light (Count VI), and intentional infliction of emotional distress (Count VII), and those claims are DISMISSED without prejudice to filing a Second Amended Complaint, if Plaintiff can do so under the confines of Fed.R.Civ.P. 11(b), within twenty (20) days of the filing of this Memorandum and Order. Otherwise, these claims are dismissed with prejudice;

3. Defendants' motions (Docs. 23 & 24) are otherwise DENIED;

4. Plaintiff may continue to pursue his claims of a violation of the UTPCPL (Count IV), defamation (Count V), and intentional interference with contractual relations (Count VIII).


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