Frank L. Rizzo Monument Comm. v. City of Philadelphia

Full title: FRANK L. RIZZO MONUMENT COMMITTEE, Plaintiff, v. CITY OF PHILADELPHIA and…

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

Date published: Jan 12, 2022

Civil Action 20-3245 (E.D. Pa. Jan. 12, 2022)

Opinion

Civil Action 20-3245

01-12-2022

FRANK L. RIZZO MONUMENT COMMITTEE, Plaintiff, v. CITY OF PHILADELPHIA and MAYOR JAMES KENNEY, Defendants.

C. DARNELL JONES, II J.

ORDER

C. DARNELL JONES, II J.

AND NOW, this 12^th day of January, 2022, upon consideration of Defendants' Motion to Dismiss Plaintiff's Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) (ECF No. 6), and Plaintiff's Response in Opposition to Defendants' Motion (ECF No. 7), and for the reasons stated in the Court's accompanying Memorandum, it is hereby ORDERED that Defendants' Motion is GRANTED IN PART, and the claim set forth in Count III of Plaintiff's Complaint is DISMISSED. It is FURTHER ORDERED that this matter shall be REMANDED to the Philadelphia County Court of Common Pleas.