SHER et al v. UPPERMORELAND TOWNSHIP SCHOOL DISTRICT et al

Filing 11

ORDER THAT PLAINTIFFS CLAIMS ARE DISMISSED WITH PREJUDICE; AND PLAINTIFFS CANNOT REPRESENT THE MINOR-PLAINTIFF AND CANNOT STATE A CLAIM ON HIS BEHALF. IT IS FURTHER ORDERED THAT MINOR-PLAINTIFF'S CLAIMS ARE HEREBY DISMISSED WITHOUT PREJUDICE AND PLAINTIFFS' REQUEST TO APPOINT COUNSEL FOR MINOR-PLAINTIFF IS HEREBY DENIED. SIGNED BY HONORABLE ROBERT F. KELLY ON 8/19/2011. 8/19/2011 ENTERED AND COPIES MAILED TO PRO SE AND E-MAILED.(stwe, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
__________________________________________
VAN C. SHER and CAROL L. SHER
:
on behalf of themselves and their minor son,
:
CIVIL ACTION
ANTHONY SHER,
:
:
Plaintiffs,
:
vs.
:
NO. 11-1525
:
UPPER MORELAND TOWNSHIP SCHOOL
:
DISTRICT, et al.
:
:
Defendants.
:
__________________________________________:
ORDER
AND NOW this 19th day of August, 2011, upon consideration of the Motion to Dismiss
submitted by Upper Moreland Township School District, Robert Milrod, and Howard Cohen
(“Defendants”) (Doc. No. 2) and the response thereto submitted by Plaintiffs Van C. Sher and
Carol L. Sher (“Plaintiffs”), it is hereby ORDERED that:
1.

Plaintiffs, Van C. Sher and Carol L. Sher’s claims are DISMISSED WITH
PREJUDICE; and

2.

Plaintiffs Van C. Sher and Carol L. Sher cannot represent the minor-Plaintiff,
Anthony Sher’s, distinct rights and cannot state a claim on his behalf; and

3.

The minor-Plaintiff, Anthony Sher’s claims are hereby DISMISSED WITHOUT
PREJUDICE; and

4.

Plaintiffs’ request to appoint counsel for Anthony Sher is hereby DENIED.
BY THE COURT

/s/ Robert F. Kelly
ROBERT F. KELLY
SENIOR JUDGE

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