CENTENNIAL SCHOOL DISTRICT v. D.

Filing 27

ORDER THAT PLAINTIFFS CENTENNIAL SCHOOL DISTRICT'S MOTION TO DISMISS IS DENIED AS TO COUNTS II, V, VI, VII AND AS TO COUNST III AND IV INSOFAR AS THOSE COUNTS REQUEST COMPENSATORY DAMAGES. THE MOTION IS GRANTED AS TO COUNTS III AND IV ONLY INSOFAR AS THOSE COUNTS SEEK RELIEF UNDER 1983. SIGNED BY MAGISTRATE JUDGE TIMOTHY R. RICE ON 6/17/2011. 6/17/2011 ENTERED AND COPIES E-MAILED.(sg, )

IN THE UNITED STATES DISTRICl-COURT
FOR THE EASTERN DISTRICT OF PKl,SYLVANIA
CENTENNIAL SCHOOL DISTRICT,
Plaintiff,

:

CIvrL ACTION

v.
S.D., by and through his Parents and natural
guardians Daniel and Lori D.,
Defendants.

NO·11O-CV-4129

ORDER
And now, this 17th day of June, 2011, upon consideratior of Plaintiff's Motion to
Dismiss the Amended Answer and Counterclaim (Doc. No. 21)'iDefendant's Response in
Opposition to Plaintiff's Motion to Dismiss (Doc. No. 23), and Plaintiff's Reply Brief (Doc. No.
25), it is hereby ORDERED that:
1.

Plaintiff Centennial School District's Motion to Dismiss,Pursuant to Federal Rule of
Civil Procedure 12(b)(6) (Doc. No. 21) is DENIED as t· Counts II, V, VI, VII, and as to
Counts III and IV insofar as those Counts request compe satory damages based upon §
504. The motion is GRANTED as to Counts III and IV nly insofar as those counts seek
relief under § 1983.
i

~COURT:

~,~J2.74tfHO ORABLE--::rnl"OTHY R. RICE
Uni ed States Magistrate Judge

18