Knellinger v. York Street Property Development, LP

MEMORANDUM

DALZELL, District Judge.

I. Introduction

We consider here defendant City of Philadelphia’s motion to dismiss for failure to state a claim under Fed. Rule. Civ. P. 12(b)(6). The City of Philadelphia (“City”) asks that we dismiss with prejudice the federal law claims asserted against it and remand the remainder of the case to state *466court. Plaintiffs oppose the City’s motion and request, should we find certain defects in their Complaint, that they be allowed to cure them.

We have jurisdiction over plaintiffs’ claims under 42 U.S.C. § 1983 pursuant to 28 U.S.C. § 1331.

II. Standard of Review