Swartz v. Teachers Ins. & Annuity Ass'n

Full title: JOSEPHINE SWARTZ, Plaintiff v. TEACHERS INSURANCE AND ANNUITY ASSOCIATION…

Court: UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

Date published: Mar 30, 2012

Civil Action No. 11-cv-01142 (E.D. Pa. Mar. 30, 2012)

Opinion

Civil Action No. 11-cv-01142 Civil Action No. 11-cv-01094

03-30-2012

JOSEPHINE SWARTZ, Plaintiff v. TEACHERS INSURANCE AND ANNUITY ASSOCIATION - COLLEGE RETIREMENT EQUITIES FUND, doing business as TIAA-CREF, Defendant JOSEPHINE A. SWARTZ, Plaintiff v. LEHIGH UNIVERSITY, Defendant

James Knoll Gardner

ORDER

Now, this 30^th day of March, 2012, upon consideration of the following documents:

(1) Motion to Dismiss filed by defendant Lehigh University on May 26, 2011 (Document 12), together with a Memorandum in Support of Motion to Dismiss (Document 12-1);
(2) Answer to Motion to Dismiss filed by plaintiff on August 31, 2011, together with Plaintiff's Brief in Opposition to Defendant Lehigh University's Motion to Dismiss (Document 25);
(3) Reply Memorandum to Plaintiff's Opposition to Motion to Dismiss, which memorandum was filed by defendant Lehigh University on September 21, 2011 (Document 27); and
(4) Amended Complaint filed by plaintiff on March 24, 2011, together with Exhibits A-H (Document 7);

and for the reasons articulated in the accompanying Opinion,

IT IS ORDERED that defendant's motion to dismiss is granted.

IT IS FURTHER ORDERED that Count I of the Amended Complaint is dismissed with prejudice.

IT IS FURTHER ORDERED that the Amended Complaint is dismissed without prejudice for plaintiff to file a Second Amended Complaint in accordance with the accompanying Opinion.

BY THE COURT:

___________________

James Knoll Gardner

United States District Judge