*1 Case 2:12-cv-01720-JHS Document 37 Filed 02/06/14 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA CIVIL ACTION KENNETH MALIK MILLER
NO. 12-CV-1720
v.
MICHAEL M. WENEROWICZ ORDER RE DEFENDANT’S MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND NOW , this _5th__ day of February 2014, upon consideration of Defendant’s Motion to Dismiss (ECF 28), Plaintiffs’ Response in Opposition to the Motion (ECF 32), and after a hearing on the motion (ECF No. 34), it is hereby ORDERED that Defendant’s Motion to Dismiss is DENIED in part and GRANTED in part . Defendant’s Motion to Dismiss Count I of the Complaint is DENIED . Defendant’s Motion to Dismiss Counts II and III of the Complaint is GRANTED .
BY THE COURT: /s/ Michael M. Baylson _______________________________ MICHAEL M. BAYLSON, U.S.D.J.
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