DPJ v. DELAWARE VALLEY CHARTER HIGH SCHOOL et al

Filing 10

ORDER THAT UPON CONSIDERATION OF THE MOTION TO DISMISS AND OPPOSITION THERETO, AND FOR THE REASONS STATED IN THE ACCOMPANYING MEMORANDUM, IT IS ORDERED THAT THE MOTION IS GRANTED AS FOLLOWS: COUNTS I AND V ARE DISMISSED WITHOUT PREJUDICE FOR THE REAS ONS STATED HEREIN. PLAINTIFF IS GRANTED LEAVE TO FILE AN AMENDED COMPLAINT WITHIN 21 DAYS. IN THE EVENT AN AMENDED COMPLAINT IS NOT FILED, THE COURT WILL DECLINE JURISDICTION OVER STATE LAW CLAIMS AND COUNT II, III AND V ARE REMANDED TO THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY. IT IS SO ORDERED. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 8/31/16. 9/1/16 ENTERED AND COPIES MAILED TO UNREPS, E-MAILED.(gs) Modified on 9/1/2016 (lisad, ).

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
____________________________________
DPJ
:
Plaintiff,
:
:
v.
:
CIVIL ACTION NO. 16-245
:
DELAWARE VALLEY CHARTER
:
HIGH SCHOOL, et al.
:
Defendants.
:
ORDER
AND NOW, this 31st day of August 2016, upon consideration of the Motion to Dismiss
and the opposition thereto, and for the reasons stated in the accompanying memorandum
opinion, it is hereby ORDERED that the Motion is GRANTED as follows:
1. Count I (Civil Rights Violations under 42 U.S.C. § 1983) is DISMISSED without
prejudice for failure to state a claim.
2. Count V (Civil Rights Violations under 42 U.S.C. § 12132 and 29 U.S.C. § 794) is
DISMISSED without prejudice for lack of subject-matter jurisdiction resulting from the failure
to exhaust.
3. Plaintiff is granted leave to file an amended complaint within 21 days of the date of
this Order.
4. In the event that Plaintiff does not file an amended complaint, the Court declines to
exercise supplemental jurisdiction over the state-law claims and Count II (Reckless Disregard of
Safety), Count III (Negligence), and Count IV (Outrageous Conduct Causing Severe Emotional
Distress) are REMANDED to the Court of Common Pleas of Philadelphia County,
Pennsylvania, where the case was filed at January Term 2016, No. 937.
It is so ORDERED.
BY THE COURT:
/s/Cynthia M. Rufe
_____________________
CYNTHIA M. RUFE, J.