A.S. et al v. WILLIAM PENN SCHOOL DISTRICT
Filing
34
MEMORANDUM AND ORDER THAT DEFENDANT'S MOTION TO DISMISS (DOC. NO.10) IS GRANTED; DEFENDANT'S MOTION TO STRIKE (DOC. NO.10) IS DENIED AS MOOT; PLAINTIFFS' MOTION FOR EXTENSION OF TIME (DOC. NO.23) IS GRANTED NUNC PRO TUNC; PLAINTIFFS 39; MOTION TO AMEND REPLY (DOC. NO.31) IS GRANTED; PLAINTIFFS' SUBSTANTIVE CLAIMS UNDER IDEA ARE DISMISSED WITHOUT PREJUDICE FOR FAILURE TO EXHAUST; PLAINTIFFS' DUE PROCESS AND PROCEDURAL IDEA CLAIMS REGARDING THE DUE PROCESS HEARING HELD O N 1/23/2013, ARE DISMISSED WITH PREJUDICE; AND THE CLERK SHALL MARK THE CASE CLOSED. THE DEFENDANT'S MOTION FOR SANCTIONS (DOC. NO.15) IS DENIED. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 4/10/2014. 4/11/2014 ENTERED AND COPIES E-MAILED(kk, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
A. S., a minor, et al.,
Plaintiffs,
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v.
WILLIAM PENN SCHOOL DISTRICT,
Defendant.
CIVIL ACTION
NO. 13-2312
O R D E R
AND NOW, this 10th day of April, 2014, for the reasons
set forth in the accompanying memorandum, it is hereby ORDERED
as follows:
(1)
Defendant’s Motion to Dismiss (ECF No. 10), which the
Court has treated as a Motion for Summary Judgment in
accordance with Federal Rule of Civil Procedure 12(d),
is GRANTED;
(2)
Defendant’s Motion to Strike (ECF No. 10) is DENIED as
moot;
(3)
Plaintiffs’ Motion for Extension of Time (ECF No. 23)
is GRANTED nunc pro tunc;
(4)
Plaintiffs’ Motion to Amend Reply (ECF No. 31) is
GRANTED;
(5)
Plaintiffs’ substantive claims under the IDEA are
DISMISSED without prejudice for failure to exhaust;
(6)
Plaintiffs’ due process and procedural IDEA claims
regarding the due process hearing held on January 23,
2013, are DISMISSED with prejudice; and
(7)
The clerk shall mark the case closed.
It is further ordered that Defendant’s Motion for
Sanctions (ECF No. 15) is DENIED.
AND IT IS SO ORDERED.
/s/ Eduardo C. Robreno
EDUARDO C. ROBRENO,
J.
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