STOLZER v. CITY OF PHILADELPHIA

JAMES KNOLL GARDNER, United States District Judge

NOW, this 30^th day of September, 2003, upon consideration of Defendant's, City of Philadelphia, Motion to Dismiss Pursuant to F.R.Civ.P. 12(b)(6) and (b)(1) filed January 31, 2003; upon consideration of Plaintiff's Answer in Opposition to Defendant's Motion to Dismiss Plaintiff's Complaint, which answer was filed February 20, 2003; and for the reasons expressed in the accompanying Opinion,

IT IS ORDERED, by agreement of counsel, that defendant City of Philadelphia Police Department Fifth Police District and defendant City of Philadelphia Police Department, Northwest Detectives are dismissed from this action with prejudice.

IT IS FURTHER ORDERED by agreement of the parties that Counts III and IV are dismissed with prejudice from plaintiff's Complaint. IT IS FURTHER ORDERED that Defendant's, City of Philadelphia, Motion to Dismiss Pursuant to F.R.Civ.P. 12(b)(6) and (b)(1) is granted.

IT IS FURTHER ORDERED that plaintiff's Complaint is dismissed.