Opinion
5:21-cv-05229
03-21-2022
ORDER
JOSEPH F. LEESON, JR. UNITED STATES DISTRICT JUDGE
AND NOW, this 21st day of March, 2022, upon consideration of Defendants' Motion to Dismiss, ECF No. 8, Plaintiff's response thereto, ECF No. 9, in which Plaintiff opposes dismissal of Count I but consents to the dismissal of Count II, and for the reasons set forth in the Court's Opinion issued this date, IT IS HEREBY ORDERED THAT:
Defendants' Motion, ECF No. 8, is GRANTED in part and DENIED in part as follows:
a. Defendants' motion is DENIED with respect to Plaintiff's claim in Count I of the Complaint. Count I may proceed as pleaded.
b. Defendants' motion is GRANTED with respect to Plaintiff's claim in Count II of the Complaint. Count II is DISMISSED without prejudice.