SCHOOL DISTRICT OF PHILADELPHIA v. POST et al

Filing 78

ORDER THAT THE DISTRICTS MOTION FOR SUMMARY JUDGMENT (ECF 54 ) IS GRANTED AS TO PARENTS COUNTERCLAIMS FOR ENFORCEMENT OF THE HEARING OFFICERS ORDER AND RETALIATION. IT IS OTHERWISE DENIED. PARENTS MOTION FOR LEAVE TO SUPPLEMENT THE ADMINISTRATIVE RE CORD (ECF 62 ) IS DENIED EXCEPT AS TO THE DEPOSITION TESTIMONY OF ROBERTA BENJAMIN AND PARAGRAPHS 26-27 OF THE DECLARATION OF MARISSA POST. THE DISTRICTS MOTION TO STRIKE (ECF 59 ) IS DENIED AS MOOT, BECAUSE ALL ARGUMENTS THEREIN ARE ADDRESSED IN THE ACCOMPANYING MEMORANDUM AND IN THE PORTION OF THIS ORDER DECIDING PARENTS MOTION FOR LEAVE TO SUPPLEMENT THE ADMINISTRATIVE RECORD. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 8/23/17. 8/24/17 ENTERED AND COPIES E-MAILED. (va, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
SCHOOL DISTRICT OF
PHILADELPHIA
v.

CIVIL ACTION
NO. 15-4501

JOHN POST, et al.
ORDER RE: SUMMARY JUDGMENT AND SUPPLEMENTATION OF ADMINISTRATIVE
RECORD

AND NOW this 23rd day of August, 2017, having considered the Motion for Summary Judgment of
Plaintiff School District of Philadelphia (“District”) (ECF 54), the Motion for Leave to Supplement the
Administrative Record of Defendants John and Marissa Post (“Parents”) (ECF 62), the Motion to
Strike of the District (ECF 59), and all responses and replies thereto, the Court hereby ORDERS that:
1. The District’s Motion for Summary Judgment (ECF 54) is GRANTED as to Parents’
Counterclaims for Enforcement of the Hearing Officer’s Order and Retaliation. It is otherwise
DENIED.
2. Parents’ Motion for Leave to Supplement the Administrative Record (ECF 62) is DENIED
except as to the deposition testimony of Roberta Benjamin and paragraphs 26-27 of the
declaration of Marissa Post.
3. The District’s Motion to Strike (ECF 59) is DENIED AS MOOT, because all arguments therein
are addressed in the accompanying memorandum and in the portion of this Order deciding
Parents’ Motion for Leave to Supplement the Administrative Record.

BY THE COURT:
/s/ Michael M. Baylson
Michael M. Baylson, U.S.D.J.
O:\civil 15\15-4501 sch. Dist. Phila v. Post\15cv4501 order re sj and supp of admin record.docx