A.A., A MINOR et al v. THE SCHOOL DISTRICT OF PHILADELPHIA et al

Filing 19

ORDER THAT DEFENDANTS' MOTION TO DISMISS IS DENIED WITHOUT PREJUDICE TO DEFENDANTS' RIGHT TO RAISE THE ISSUES AFTER COMPLETION OF DISCOVERY BY MOTION FOR SUMMARY JUDTMENT AND/OR TRIAL. IT IS FURTHER ORDERED THAT A PRELIMINARY PRETRIAL CONFERENCE WILL BE SCHEDULED IN DUE COURSE, ETC. SIGNED BY HONORABLE JAN E. DUBOIS ON 12/12/16. 12/13/16 ENTERED AND COPIES E-MAILED.(ti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ALAIN ALCIS, a minor, by his parent and
natural guardian, Yolette Alcis, and
YOLETTE ALCIS,
Plaintiffs,

CIVIL ACTION

v.

NO. 16-1684

THE SCHOOL DISTRICT OF
PHILADELPHIA, and
THE SCHOOL REFORM COMMISSION,
Defendants.
ORDER
AND NOW, this 12th day of December, 2016, upon consideration of defendants’ Motion
to Dismiss Plaintiff’s Second Amended Complaint (Document No. 10, filed July 28, 2016), and
plaintiffs’ Response in Opposition to Defendants’ Motion to Dismiss Plaintiff’s [sic] Second
Amended Complaint (Document No. 13, filed August 18, 2016), for the reasons set forth in the
accompanying Memorandum dated December 12, 2016, IT IS ORDERED that defendants’
Motion to Dismiss is DENIED WITHOUT PREJUDICE to defendants’ right to raise the
issues presented after completion of discovery by motion for summary judgment and/or trial.
IT IS FURTHER ORDERED that a Preliminary Pretrial Conference will be scheduled
in due course. Discovery may proceed in the interim.
BY THE COURT:
/s/ Hon. Jan E. DuBois
DuBOIS, JAN E., J.