Opinion
Civil Action 19-3761
07-25-2024
KEVIN GORDON, Plaintiff, v. THOMAS LICIARDELLO, et. al., Defendants.
ORDER
Gerald J. Pappert, J.
AND NOW, this 25th day of July 2024, upon consideration of Plaintiffs Complaint (ECF No. 1), Defendants' Motion to Dismiss (ECF No. 34), Plaintiffs Reply (ECF No. 36) and after hearing oral argument (ECF No. 40), it is hereby ORDERED that the motion is GRANTED in part and DENIED in part:
1. Defendants' motion is DENIED as to Count I.
2. Count II is DISMISSED without prejudice. Plaintiff may file an amended complaint, consistent with the reasons discussed during oral argument and the accompanying Memorandum, by August 9, 2024.
3. Counts III, IV, V and VI are DISMISSED with prejudice. Count VII was withdrawn during oral argument. See (July 19, 2024 Hr'g Tr. 37:5-17).