MIRABELLA et al v. WILLIAM PENN CHARTER SCHOOL et al

Filing 82

ORDER THAT PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT (DOC. NO. #66 ) IS DENIED. THE WILLIAM PENN CHARTER SCHOOL DEFENDANTS MOTION FOR PARTIAL SUMMARY JUDGMENT (DOC. NO. #64 ) IS GRANTED. THE AMERICANS WITH DISABILITIES ACT CLAIM IS DISMISSED FOR LACK OF STANDING AND MOOTNESS. THE BREACH OF CONTRACT AND NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS CLAIMS ARE DISMISSED WITHOUT PREJUDICE. THE CLERK OF COURT IS DIRECTED TO MARK THIS CASE CLOSED. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 3/20/17. 3/21/17 ENTERED AND COPIES E-MAILED. (va, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
__________________________________________
JOHN CONNOR MIRABELLA, et al.,
:
:
Plaintiffs,
:
:
v.
:
:
WILLIAM PENN CHARTER SCHOOL, et al.,
:
:
Defendants.
:
__________________________________________:

CIVIL ACTION

No. 15-1162

ORDER
AND NOW, this 20th day of March, 2017, upon consideration of “Plaintiffs’ Motion for
Partial Summary Judgment” (Doc. No. 66) and “The William Penn Charter School Defendants’
Motion for Partial Summary Judgment” (Doc. No. 64), and the responses and replies thereto, it is
hereby ORDERED that:
 “Plaintiffs’ Motion for Partial Summary Judgment” (Doc. No. 66) is DENIED.
 “The William Penn Charter School Defendants’ Motion for Partial Summary Judgment”
(Doc. No. 64) is GRANTED.
 The Americans with Disabilities Act claim is DISMISSED for lack of standing and
mootness.
 The breach of contract and negligent infliction of emotional distress claims are
DISMISSED without prejudice.
 The Clerk of Court is directed to mark this case CLOSED.
BY THE COURT:
/s/ Mitchell S. Goldberg
__________________________
Mitchell S. Goldberg, J.