NACE et al v. PENNRIDGE SCHOOL DISTRICT et al

Filing 84

ORDER THAT THE PENNRIDGE DEFENDANTS' MOTION FOR SUMMARY JUDGMENT IS GRANTED AND JUDGMENT IS ENTERED IN FAVOR OF DEFENDANTS PENNRIDGE SCHOOL DISTRICT, THOMAS CREEDEN, AND DAVID BABB AND AGAINST PLAINTIFFS. DEFENDANT FAITH CHRISTIAN ACADEMY'S MOTION FOR SUMMARY JUDGMENT IS GRANTED AND JUDGMENT IS ENTERED IN FAVOR OF DEFENDANT AND AGAINST PLAINTIFFS. DEFENDANT CLYMER AND HOLLENBACH'S MOTION FOR SUMMARY JUDGMENT IS GRANTED AND JUDGMENT IS ENTERED IN FAVOR OF DEFENDANTS CLYMER AND HOLL ENBACH AND AGAINST PLAINTIFFS. PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. THE PENNRIDGE DEFENDANTS' MOTION IN LIMINE TO PRECLUDE TESTIMONY OF RICHARD GELLES IS DISMISSED AS MOOT. DEFENDANT FAITH CHRISTIAN ACADEMY'S MOTIONS IN LIMINE TO PRECLUDE TESTIMONY ARE DISMISSED AS MOOT.. SIGNED BY HONORABLE WENDY BEETLESTONE ON 5/6/2016. 5/6/2016 ENTERED AND COPIES MAILED TO COUNSEL AND PRO SE, E-MAILED.(kp, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
JAMES NACE and APRIL NACE as
Guardians of E.N., A MINOR,

CIVIL ACTION

Plaintiffs,
v.

NO. 15-333

PENNRIDGE SCHOOL DISTRICT, ERIC
ROMIG, THOMAS CREEDEN, DAVID
BABB, FAITH CHRISTIAN ACADEMY,
RYAN CLYMER and RUSSELL
HOLLENBACH,
Defendants.
ORDER
AND NOW, this 6th day of May, 2016, upon consideration of Defendants Pennridge
School District, Thomas Creeden, and David Babb’s (the “Pennridge Defendants”) Motion for
Summary Judgment (ECF No. 58), Plaintiffs James Nace and April Nace’s Response in
Opposition thereto (ECF No. 73), and the Pennridge Defendants’ Reply in Support thereof (ECF
No. 78); Defendant Faith Christian Academy’s Motion for Summary Judgment (ECF No. 53),
Plaintiffs’ Response in Opposition thereto (ECF No. 70), Defendant Faith Christian Academy’s
Reply in Support thereof (ECF No. 75); Defendants Ryan Clymer and Russell Hollenbach’s
Motion for Summary Judgment (ECF No. 52), Plaintiffs’ Response in Opposition thereto (ECF
No. 72), and Defendants Clymer and Hollenbach’s Reply in Support thereof (ECF No. 77);
Plaintiffs’ Motion for Partial Summary Judgment Against Defendant Eric Romig (ECF No. 50);
Defendant Eric Romig’s Response in Opposition thereto (ECF No. 81); and Plaintiffs’ Reply in
Support thereof (ECF No. 82); Defendant Faith Christian Academy’s Motion in Limine to
Preclude Testimony of Brad M. Jackson, Esq. (ECF No. 51); Plaintiffs’ Response in Opposition
thereto (ECF No. 65); and Defendant Faith Christian Academy’s Reply in Support thereof (ECN
No. 67); Defendant Faith Christian Academy’s Motion in Limine to Preclude the Testimony of
Richard Gelles, Ph.D. (ECF No. 56); Plaintiffs’ Response in Opposition thereto (ECF No. 64);
and Defendant Faith Christian Academy’s Reply in Support thereof (ECF No. 68); and the
Pennridge Defendants’ Motion in Limine to Preclude the Testimony of Richard Gelles, Ph.D.

(ECF No. 60); Plaintiffs’ Response in Opposition thereto (ECF No. 66), and the Pennridge
Defendants’ Reply in Support thereof (ECF No. 69); and for the reasons set forth in the Court’s
Opinion of May 6, 2016 (ECF No. 83), IT IS ORDERED that:
(1) The Pennridge Defendants’ motion for summary judgment (ECF No. 58) is
GRANTED and JUDGMENT IS ENTERED IN FAVOR of Defendants Pennridge
School District, Thomas Creeden, and David Babb, and AGAINST Plaintiffs;
(2) Defendant Faith Christian Academy’s motion for summary judgment (ECF No. 53) is
GRANTED and JUDGMENT IS ENTERED IN FAVOR of Defendant Faith
Christian Academy, and AGAINST Plaintiffs;
(3) Defendants Clymer and Hollenbach’s motion for summary judgment (ECF No. 52) is
GRANTED and JUDGMENT IS ENTERED IN FAVOR of Defendants Ryan
Clymer and Russell Hollenbach, and AGAINST Plaintiffs;
(4) Plaintiffs’ motion for partial summary judgment (ECF No. 50) is GRANTED in part
and DENIED in part as follows:
(a) Plaintiffs’ motion is GRANTED with respect to Count V (assault and battery)
and JUDGMENT IS ENTERED IN FAVOR of Plaintiffs, and AGAINST
Defendant Eric Romig on Count V (assault and battery); and
(b) Plaintiffs’ motion is DENIED with respect to Count I (section 1983) and
Count IV (intentional infliction of emotional distress).
(5) The Pennridge Defendants’ motion in limine to preclude the testimony of Richard
Gelles, Ph.D. (ECF No. 60) is DISMISSED as MOOT; and
(6) Defendant Faith Christian Academy’s motions in limine to preclude the testimony of
Richard Gelles, Ph.D. (ECF No. 56), and Brad M. Jackson, Esq. (ECF No. 51) are
DISMISSED as MOOT.
BY THE COURT:

/S/WENDY BEETLESTONE, J.

_______________________________
WENDY BEETLESTONE, J.

2