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)

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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

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