E. et al v. SCHOOL DISTRICT OF PHILADELPHIA BOARD OF EDUCATION
ORDERED THAT PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT (DOCKET NO. 94) IS DENIED; PLAINTIFFS' MOTION IN LIMINE TO PERMIT TESTIMONY OF HEARING OFFICER ROSEMARY MULLALY AT TRIAL (DOCKET NO. 95) IS DENIED; AND DEFENDANT'S MOTION FOR SUMMARY JUDGMENT IS GRANTED WITHOUT PREJUDICE TO PLAINTIFFS' RIGHTS TO APPLY FOR LEAVE TO REOPEN AND SUPPLEMENT THESE SUMMARY JUDGMENT PAPERS TO THE EXTENT THEY ERRED IN THEIR UNDERSTANDING AS TO THE "RECORD" ON WHICH THEY COULD OR SHOULD BAS E THEIR SUMMARY JUDGMENT MOTION AND/OR AS TO THEIR OBLIGATIONS TO RAISE SUCH ISSUES. THE CLERK OF COURT SHALL ENTER JUDGMENT IN FAVOR OF THE DEFENDANT AND AGAINST THE PLAINTIFFS. SIGNED BY HONORABLE GENE E.K. PRATTER ON 10/24/11. 10/24/11 ENTERED AND COPIES E-MAILED.(rab, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
RONALD E. and LESLIE A.
CHAMBERS, as GUARDIANS of
FERREN CHAMBERS an incapacitated
person and RONALD E. and LESLIE
A. CHAMBERS, in their own right
THE SCHOOL DISTRICT OF
PHILADELPHIA BOARD OF
AND NOW, this 24th day of October, 2011, upon consideration of the Motion for Partial
Summary Judgment filed by the Chambers Plaintiffs (Docket No. 94), the Motion in Limine filed
by the Chambers Plaintiffs to permit the testimony of Hearing Officer Rosemary Mullaly at trial
or, in the alternative, to admit her written administrative decision into evidence (Docket No. 95),
and the Motion for Summary Judgment filed by the Defendant School District of Philadelphia
Board of Education (Docket No. 100), and all responses thereto, it is hereby ORDERED that:
The Motion for Partial Summary Judgment filed by the Chambers Plaintiffs
(Docket No. 94) is DENIED.
The Motion in Limine filed by the Chambers Plaintiffs (Docket No. 95) is
The Motion for Summary Judgment filed by the Defendant School District
(Docket No. 100) is GRANTED without prejudice to the Chambers Plaintiffs’
rights to apply for leave to re-open and supplement these summary judgment
papers to the extent they erred in their understanding as to the “record” on which
they could or should base their summary judgment motion and/or as to their
obligations to raise such issues.
The Clerk of Court shall enter Judgment in favor of the Defendant School District
of Philadelphia Board of Education, and against the Chambers Plaintiffs.
BY THE COURT:
S/Gene E.K. Pratter
GENE E.K. PRATTER
United States District Judge
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