J.T. v. DUMONT PUBLIC SCHOOLS et al

Filing 218

ORDER granting 197 Motion for Summary Judgment on pltfs' claims under the individuals with Disabilities Education Act, and the Rehabilitation Act ; dismissing pltf's claims under the Individuals with Disabilities Education Act and Rehabil itation, with prejudice; dismissing pltfs' claims under the New Jersey Law against Discrimination, NJ, w/out prejudice for lack of subject matter jurisdiction; denying pltf's cross 198 Motion to Strike certain defenses and for partial judgment on the pleadings; dismissing amended complt.. Signed by Magistrate Judge Michael A. Hammer on 3/28/2012. (nr, )

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
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Plaintiffs,
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v.
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DUMONT PUBLIC SCHOOLS, ET AL., :
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Defendants.
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J.T., ET AL.,

Civ. No. 09-4969 (MAH)

ORDER

This matter having come before the Court on Defendants’ motion for summary judgment
filed on September 28, 2011 (ECF No. 197), and Plaintiffs’ cross-motions to strike certain
defenses and for partial judgment on the pleadings filed on September 28, 2011 (ECF No. 198);
and the Court having considered all papers submitted in support of, and in opposition to,
the motions;
and for the reasons set forth in an Opinion filed in this matter on the same date;
and for good cause shown;
IT IS on this 28th day of March, 2012,
ORDERED that Defendants’ motion for summary judgment is granted on Plaintiffs’
claims under the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., and the
Rehabilitation Act, 29 U.S.C. § 794; and it is further
ORDERED that Plaintiffs’ claims under the Individuals with Disabilities Education Act,
20 U.S.C. § 1400 et seq., and the Rehabilitation Act, 29 U.S.C. § 794 are dismissed with
prejudice; and it is further

ORDERED that Plaintiffs’ claim under the New Jersey Law Against Discrimination,
N.J. Stat. Ann. § 10:5-1 et seq., is dismissed without prejudice for lack of subject matter
jurisdiction; and it is further
ORDERED that Plaintiffs’ cross-motions to strike certain defenses and for partial
judgment on the pleadings are denied; and it is further
ORDERED the Amended Complaint is dismissed.

s/ Michael A. Hammer
UNITED STATES MAGISTRATE JUDGE

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