Cagle v. Rubley, et al.

Filing 26

ORDER directing that, for good cause, and for the reasons stated in open court on May 12, 2014, during oral argument on the motion, it is ORDERED that the Defendants' motion to dismiss (Doc. 13 ) be and is hereby GRANTED IN PART in that (1) the Plaintiff's claim alleging a violation of the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g, be and is hereby DISMISSED with prejudice; and (2) Defendants Auburn University and Auburn University Harrison School of Ph armacy be and are hereby DISMISSED on grounds of sovereign immunity; further ORDERED that, in all other respects, the Defendants' motion to dismiss (Doc. 13 ) be and is hereby DENIED; further ORDERED that the Defendants' motion for more de finite statement (Doc. 13 ) be and is hereby GRANTED; further ORDERED that, on or before May 26, 2014, the Plaintiff shall file an amended complaint that complies with the Federal Rules of Civil Procedure. Signed by Honorable Judge Charles S. Coody on 5/12/14. (Attachments: # 1 Civil Appeals Checklist) (scn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
EASTERN DIVISION
JONATHAN CAGLE,
Plaintiff,
v.
JILL RUBLEY, et al.,
Defendants.

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CIVIL ACT. NO. 3:14cv04-CSC
(WO)

ORDER
Before the court is the Defendants’ motion to dismiss and motion for more definite
statement (Doc. 13). For good cause, and for the reasons stated in open court on May 12,
2014, during oral argument on the motion, it is
ORDERED that the Defendants’ motion to dismiss (Doc. 13) be and is hereby
GRANTED IN PART in that
1.

the Plaintiff’s claim alleging a violation of the Family Educational Rights and Privacy
Act (FERPA), 20 U.S.C. § 1232g, be and is hereby DISMISSED with prejudice; and

2.

Defendants Auburn University and Auburn University Harrison School of Pharmacy
be and are hereby DISMISSED on grounds of sovereign immunity. Edwards v.
Wallace Cmty. Coll., 49 F.3d 1517, 1524 (11th Cir. 1995); Harden v. Adams, 760
F.2d 1158, 1163-64 (11th Cir. 1985); Rigby v. Auburn Univ., 448 So. 2d 345, 347
(Ala. 1984). Further, it is
ORDERED that, in all other respects, the Defendants’ motion to dismiss (Doc. 13)

be and is hereby DENIED. Further, it is
ORDERED that the Defendants’ motion for more definite statement (Doc. 13) be and
is hereby GRANTED. Further, it is
ORDERED that, on or before May 26, 2014, the Plaintiff shall file an amended
complaint that complies with the Federal Rules of Civil Procedure.
Done this 12th day of May, 2014.

/s/Charles S. Coody
CHARLES S. COODY
UNITED STATES MAGISTRATE JUDGE

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