Barone v. Gordon

Full title: NICHOLAS BARONE, Plaintiff, v. TRACEY L. GORDON, et al., Defendants.

Court: United States District Court, E.D. Pennsylvania

Date published: Jul 2, 2024

Civil Action 23-2821 (E.D. Pa. Jul. 2, 2024)

Opinion

Civil Action 23-2821

07-02-2024

NICHOLAS BARONE, Plaintiff, v. TRACEY L. GORDON, et al., Defendants.

MITCHELL S. GOLDBERG, J.

ORDER

MITCHELL S. GOLDBERG, J.

AND NOW, this 2^nd day of July, 2024, upon consideration of Defendants' Partial Motion to Dismiss (Doc. No. 19) and Plaintiff's Response (Doc. No. 22), it is hereby ORDERED that the Motion is GRANTED IN PART and DENIED IN PART as follows:

1. Defendants' Motion to Dismiss the claim under 42 U.S.C. § 1983 against the City of Philadelphia (Count II) is DENIED.

2. Defendants' Motion to Dismiss the common law claim of wrongful discharge (Count III) is GRANTED only as to Defendant Tracey L. Gordon.

3. Within fourteen (14) days from the date of this Order, Defendants shall file an Answer to the remaining portions of the Amended Complaint.