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Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision | Pennsylvania Middle
Order on Motion to Dismiss for Failure to State a Claim Order on Motion to Dismiss/Lack of Jurisdiction
ORDER denying 13 Motion to Dismiss for Failure to State a Claim; denying 13 Motion to Dismiss for Lack of Jurisdiction.In accordance with the accompanying Memorandum, IT IS HEREBY ORDERED THAT:1.The respondents motion to dismiss (Doc. 13) is DENIED;2.The May 13, 2022, decision of the administrative law judge (ALJ) in the matter of Housing and Redevelopment Insurance Exchange, HUDOHA No. 22-AF-0004-OH-001, which was affirmed on secretarial review on August 31, 2022, is VACATED;3.The matter is REMANDED to the ALJ for further proceedings with respect to Count 1 of the administrative complaint;4.This federal civil action for judicial review shall be STAYED pending a final determination by the agency with respect to Count 1 of the administrative complaint; and5.Counsel for the parties shall notify the court within thirty (30) days after entry of a final determination by the agency on remand. Signed by District Judge Joseph F Saporito, Jr on 3/18/25 (ms)
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