Nunn et al v. Arkansas Department of Human Services et al

Filing 16

ORDER ADOPTING REPORT AND RECOMMENDATIONS 15 ; granting in part and denying in part 2 Motion to Dismiss; defendants have 10 days to file any response to plaintiffs' complaint. Signed by Honorable Robert T. Dawson on August 18, 2011. (cnn)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
EL DORADO DIVISION

KIDSQUEST, INC. and NEIGHBORHOOD
COMMUNITY OUTREACH, INC.
v.

PLAINTIFFS

Case No.: 10-1063

ARKANSAS DEPARTMENT OF HUMAN
SERVICES, ET AL.

DEFENDANTS

O R D E R
On this 18th day of August 2011, there comes on for
consideration the report and recommendation filed in this case
on July 6, 2011 (doc. 15), by the Honorable Barry A. Bryant,
United States Magistrate for the Western District of Arkansas.
No objections were filed.
The court has reviewed this case and, being well and
sufficiently

advised,

finds

as

follows:

The

report

and

recommendation is proper and should be and hereby is adopted in
its entirety.

Accordingly, Defendants’ Motion to Dismiss (doc.

2) is GRANTED IN PART AND DENIED IN PART.
The Motion is GRANTED as to Defendants’ entitlement to
Sovereign

Immunity

and

all

of

Plaintiffs’

claims

for

compensatory damages, punitive damages and retroactive damage
relief based on Plaintiffs’ claim for an accounting and payment
of damages alleged to be due for past payments against them are
DISMISSED.

The Motion is GRANTED as to Plaintiffs’ claims

pursuant to the IDEA, and these claims are DISMISSED.

AO72A
(Rev. 8/82)

The

Motion is GRANTED as to the individual claims of Nunn and
Jackson as they lack standing and are DISMISSED as Plaintiffs.
The motion is GRANTED as to the Arkansas Department of Human
Services’ entitlement to Sovereign Immunity for Plaintiffs’
claim

for

Plaintiffs’
relates

to

Defendants

prospective
claim

injunctive

for

prospective

Defendants
have

ten

relief

John

(10)

but

DENIED

as

to

injunctive

relief

as

it

James

Green.

Selig

days

to

and
file

Dr.
any

response

Plaintiffs’ Complaint.
IT IS SO ORDERED.

/s/ Robert T. Dawson
Honorable Robert T. Dawson
United States District Judge

AO72A
(Rev. 8/82)

to