ORAFIDIYA v. LEWIS KATZ SCHOOL OF MEDICINE

Sep 1, 2026
2:25-cv-01646

ORDER

AND NOW, this 1st day of September, 2026, upon consideration of Defendants’ Motion to Dismiss the First Amended Complaint (ECF No. 27) and all corresponding briefing, and for the reasons stated in the accompanying memorandum, it is hereby ORDERED that the Motion is GRANTED IN PART and DENIED IN PART as follows:

  1. As to Count I (disability discrimination), Defendants’ Motion is DENIED against Temple. Defendants’ Motion is GRANTED as to the individual defendants, and these claims are DISMISSED WITH PREJUDICE.
  2. As to Count II (race, sex, and age discrimination), Defendants’ Motion is GRANTED against all Defendants. Plaintiff‘s Title II race discrimination claim is DISMISSED WITH PREJUDICE. Plaintiff‘s remaining race, sex, and age discrimination claims are DISMISSED without prejudice.
  3. As to Count III (ADA retaliation), Defendants’ Motion is DENIED as to Temple and GRANTED as to the individual defendants. Plaintiff‘s claims against the individual defendants are DISMISSED WITH PREJUDICE.
  4. As to Count IV (misrepresentation), Defendants’ Motion is GRANTED and Plaintiff‘s claims are DISMISSED WITH PREJUDICE.
  5. As to Count V (intentional infliction of emotional distress), Defendants’ Motion is GRANTED and Plaintiff‘s claims are DISMISSED WITH PREJUDICE.
  6. As to Count VI (breach of contract), Defendants’ Motion is GRANTED with respect to any breach of contract claim relying on Temple‘s handbooks and policies, and such claims are DISMISSED WITH PREJUDICE. Defendants’ Motion is DENIED with respect to Plaintiff‘s breach of contract claim relating to other agreements.
  7. As to Count VII (negligent hiring and supervision), Defendants’ Motion is GRANTED. Plaintiff‘s claims are DISMISSED without prejudice.
  8. As to Count VIII (negligent infliction of emotional distress), Defendants’ Motion is GRANTED and Plaintiff‘s claims are DISMISSED WITH PREJUDICE.

IT IS FURTHER ORDERED that Plaintiff is granted leave to file a Second Amended Complaint to cure the pleading deficiencies identified in the Court‘s memorandum regarding only those claims dismissed without prejudice. Plaintiff shall file any amended pleading by September 22, 2026.

BY THE COURT:

MARY KAY COSTELLO, J.