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Inc. v. City of Philadelphia

United States District Court, E.D. Pennsylvania

June 19, 2015

L.P. GROUP 2, INC., Plaintiff,
v.
THE CITY OF PHILADELPHIA, PERRITTI DIVIRGILIO, JAMES FERRARO, and JOHN DOES (1-10), Defendants.

ORDER

EDWARD G. SMITH, District Judge.

AND NOW, this 19th day of June, 2015, after considering the motion of the defendants the City of Philadelphia, Perritti DiVirgilio, and James Ferraro to dismiss the complaint (Doc. No. 34), and the response in opposition filed by the plaintiff, L.P. Group 2, Inc. (Doc. No. 36); and after reviewing the complaint (Doc. No. 1, Ex. 1) and hearing argument of counsel, it is hereby ORDERED that the motion to dismiss (Doc. No. 34) is GRANTED IN PART and DENIED IN PART as follows:

1. The motion, insofar as the defendants assert that the court should dismiss the causes of action for breach of contract in Counts III and IV of the complaint, is GRANTED and Counts III and IV are DISMISSED;

2. The motion, insofar as the defendants assert that the court should dismiss Counts I, II, and V of the complaint based upon Younger v. Harris, 401 U.S. 37 (1971), is GRANTED only as to the forms of relief sought in subparagraphs (a), (b), (c), and (d) of the ad damnum clauses in Counts I, II, and V of the complaint, and DENIED as to the forms of relief sought in subparagraph (e) of Counts I, II, and V of the complaint;

3. This action is STAYED pending further order of court; and

4. The Clerk of Court is directed to place this matter in CIVIL SUSPENSE.


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