K.A. et al v. UPPER PERKIOMEN SCHOOL DISTRICT et al

Filing 30

MEMORANDUM AND ORDER THAT THE REPORT AND RECOMMENDATION OF U.S. MAGISTRATE JUDGE M. FAITH ANGELL DATED 3/12/12, IS APPROVED AND ADOPTED; DEFENDANT'S MOTION TO DISMISS IS DENIED AS TO COUNTS V,VI,VII,VIII,IX AND X OF K.A.'S COMPLAINT; AND, DEFENDANTS' MOTION TO DISMISS IS GRANTED AS TO COUNTS XI,XII,XIII,XIV,XV, AND XVI OF K.A.'S COMPLAINT, BY CONSENT OF COUNSEL. SIGNED BY HONORABLE JAN E. DUBOIS ON 6/21/12. 6/21/12 ENTERED & E-MAILED.[FDC]

IN THE UNITED STATES DISTRICT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
K.A., a minor, by her guardians and natural
parents, JENNIFER ALLEBACH and
BRIAN ALLEBACH,
Plaintiffs,

:
:
:
:
:
v.
:
:
:
UPPER PERKIOMEN SCHOOL DISTRICT, :
DUANE WICKARD, in his individual capacity :
and as an agent of the Upper Perkiomen School :
District Education Center, ARTHUR
:
VIGILANTE, in his individual capacity and as :
an agent of the Upper Perkiomen School District :
Education Center, and TIMOTHY KIRBY
:
Ph.D., in his individual capacity and as an
:
agent of the Upper Perkiomen School District
:
Education Center,
:
Defendants.
:

CIVIL ACTION

No. 11-2610

ORDER
AND NOW, this 21st day of June, 2012, upon consideration of Defendants’ Motion to
Dismiss Counts V, VI, VII, VIII, IX, X, XI, XII, XIII, XIV, XV, XVI of Plaintiffs’ Complaint
(Document No. 11), and K.A.,’s Response to Defendants’ Motion to Dismiss (Document No. 12),
and after review of the Report and Recommendation of United States Magistrate Judge M. Faith
Angell dated March 12, 2012 (Document No. 24), and Defendants’ Objections to the Report and
Recommendation of the United States Magistrate (Document No. 25), for the reasons set forth in
the Memorandum dated June 21, 2012, IT IS ORDERED:

1.

The Report and Recommendation of United States Magistrate Judge M. Faith
Angell dated March 12, 2012, is APPROVED and ADOPTED;

2.

Defendants’ Motion to Dismiss is DENIED as to Counts V, VI, VII, VIII, IX and
X of K.A.,’s Complaint; and,

3.

Defendants’ Motion to Dismiss is GRANTED as to Counts XI, XII, XIII, XIV,
XV, and XVI of K.A.,’s Complaint, by consent of counsel.

BY THE COURT:

/s/ Jan E. DuBois
______________________________
JAN E. DUBOIS, J.

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