Kostin v. Bucks Cmty. Coll.

Full title: AIA KOSTIN, et al., Plaintiffs, v. BUCKS COMMUNITY COLLEGE, et al.…

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

Date published: Mar 30, 2022

Civil Action 21-850-KSM (E.D. Pa. Mar. 30, 2022)

Opinion

Civil Action 21-850-KSM

03-30-2022

AIA KOSTIN, et al., Plaintiffs, v. BUCKS COMMUNITY COLLEGE, et al., Defendants.

KAREN SPENCER MARSTON, J.

ORDER

KAREN SPENCER MARSTON, J.

AND NOW, this 30th day of March, 2022, upon consideration of Defendants' Motion to Dismiss (Doc. No. 11) and Plaintiff Aia Kostin's response (Doc. No. 12), and for the reasons set forth in the accompanying Memorandum, it is ORDERED that the Motion is GRANTED in part and DENIED in part. Specifically, it is ORDERED as follows:

1. Defendants' motion to dismiss for lack of subject matter jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(1) is DENIED.

2. Defendants' motion to dismiss the substantive due process claim under Federal Rule of Civil Procedure 12(b)(6) is GRANTED, and the substantive due process claim is dismissed with prejudice.

3. Defendants' motion to dismiss the equal protection, negligence, intentional infliction of emotional distress (“IIED”), and breach of contract claims is GRANTED. The equal protection, negligence, and breach of contract claims are dismissed without prejudice and with leave to amend. The IIED claim is dismissed with prejudice as to Defendant

Bucks County Community College (“BCCC”) and without prejudice and with leave to amend as to Defendants Mary Dura and Connie Corrigan.

4. Defendants' motion to dismiss the procedural due process and free speech retaliation claims is DENIED as to Defendants BCCC and Corrigan. However, the motion is GRANTED as to Defendant Dura, and the procedural due process and free speech retaliation claims are dismissed without prejudice against Defendant Mary Dura and with leave to amend.

It is FURTHER ORDERED that to the extent Ms. Kostin wishes to amend her complaint, she must do so by April 29, 2022.¹ And to the extent Ms. Kostin wishes to proceed on the current complaint (i.e., the procedural due process and free speech retaliation claims, against Defendants BCCC and Corrigan only), she should notify opposing counsel and the Court as soon as possible prior to the April 29, 2022 deadline, at which point the Court will schedule an in-person status conference to discuss scheduling and other pretrial matters.

1 If Ms. Kostin files an amended complaint, Defendants shall file an answer or other responsive pleading by May 13, 2022.

IT IS SO ORDERED.