HAMILTON v. HITE et al

Filing 57

ORDER THAT PLAINTIFFS MOTIONS FOR SUMMARY JUDGMENT ARE DENIED. DEFENDANTS MOTIONS FOR SUMMARY JUDGMENT ARE GRANTED SUCH THAT SUMMARY JUDGMENT IS ENTERED IN FAVOR OF DEFENDANTS SCHOOL DISTRICT OF PHILADELPHIA, WEBSTER ELEMENTARY, STEARNE ELEMENTARY, M RS. COLSTON, ELIZABETH CORTEZ, JENNA MONLEY, SHERRY WILLIAMS, ADAM BUCK, SECURITY GUARD DENNISE, NANCY DONLON, WILLIAM HITE, RACHEL HOLZMAN, SHERRI ARABIA, BYRON GOLSON, RHONDA MILLER, PAULINE COOPERSON, JESSICA RAMOS, AND MARCIA ROYE ON CLAIMS BROUG HT BY PLAINTIFF PURSUANT TO 42 U.S.C. § 1983, THE AMERICANS WITH DISABILITIES ACT, AND/OR THE REHABILITATION ACT IN THE ABOVE-CAPTIONED ACTIONS. TO THE EXTENT MS. HAMILTON SEEKS TO ASSERT CONSTITUTIONAL CLAIMS ON BEHALF OF S.R. IN THE ABOVE-CAP TIONED ACTIONS, SUCH CLAIMS ARE DISMISSED WITHOUT PREJUDICE. TO THE EXTENT MS. HAMILTON SEEKS TO ASSERT CLAIMS PURSUANT TO THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT IN THE ABOVE-CAPTIONED ACTIONS, SUCH CLAIMS ARE DISMISSED WITHOUT PREJUDICE. DEFENDANTS MOTION TO DISMISS DOCKETED IN CIVIL ACTION NO. 17-970 AT DOCKET NUMBER 13 IS DEEMED MOOT. THE CLERK OF COURT SHALL CLOSE CIVIL ACTION NUMBERS 16-6579 AND 17-970 FOR ALL PURPOSES INCLUDING STATISTICS. IT IS FURTHER ORDERED THAT: THE U.S. MARSHAL SHALL MAIL A FORM USM-285 TO PLAINTIFF NO LATER THAN SEVEN (7) DAYS FROM THE DATE THIS ORDER APPEARS ON THE PUBLIC DOCKET. PLAINTIFF SHALL HAVE FOURTEEN (14) DAYS FROM RECEIPT OF FORM USM-285 TO PROVIDE THE U.S. MARSHAL WITH ALL OF THE INFORM ATION NECESSARY TO PERMIT THE MARSHAL TO SERVE DEFENDANT CARL W. HOLMES, JR. IN CIVIL ACTION 16-5602. ABSENT GOOD CAUSE SHOWN BY PLAINTIFF, IF PROOF OF SERVICE ON DEFENDANT CARL W. HOLMES, JR. DOES NOT APPEAR ON THE DOCKET BY NOVEMBER 3, 2017, THE C OURT WILL DISMISS DEFENDANT HOLMES FROM CIVIL ACTION NO. 16-5602 WITHOUT PREJUDICE PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 4(M). ALL DATES CONTAINED IN THE COURTS JULY 13, 2017 SCHEDULING ORDER, SEE CIVIL ACTION NO. 16-5602, DOC. NO. 47, ARE SUSPENDED UNTIL FURTHER NOTICE BY THE COURT. ETC. SIGNED BY HONORABLE GENE E.K. PRATTER ON 8/21/17. 8/24/17 ENTERED AND COPIES MAILED TO PRO SE, E-MAILED. (va, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

MARILYN L. HAMILTON,
Plaintiff,
v.
WILLIAM R. HITE, Philadelphia City
School District Superintendent et al.,
Defendants.
MARILYN HAMILTON,
Plaintiff,
v.
CITY SCHOOL DISTRICT OF
PHILADELPHIA et al.,
Defendants.
MARILYN L. HAMILTON,
Plaintiff,
v.
ADAM BUCK et al.,
Defendants.

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CIVIL ACTION
No. 16-5602

CIVIL ACTION
No. 16-6579

CIVIL ACTION
No. 17-970

ORDER
AND NOW, this 21st day of August, 2017, upon consideration of (i) Plaintiff’s Motions
for Summary Judgment 1 and any responses thereto, and (ii) Defendants’ Motions for Summary
Judgment 2 and any responses thereto, it is hereby ORDERED as follows:
1. Plaintiff’s Motions for Summary Judgment are DENIED.

1

Plaintiff’s Motions for Summary Judgment appear at (i) Document Numbers 29 and 55 in
Civil Action No. 16-5602, (ii) Document Numbers 28 and 57 in Civil Action No. 16-6579, and
(iii) Document Numbers 20 and 45 in Civil Action No. 17-970.

2

Defendants’ Motions for Summary Judgment appear at (i) Document Number 33 in Civil
Action No. 16-5602, (ii) Document Number 32 in Civil Action No. 16-6579, and (iii) Document
Number 24 in Civil Action No. 17-970.

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2. Defendants’ Motions for Summary Judgment are GRANTED such that summary
judgment is entered in favor of Defendants School District of Philadelphia, Webster
Elementary, Stearne Elementary, Mrs. Colston, Elizabeth Cortez, Jenna Monley, Sherry
Williams, Adam Buck, Security Guard Dennise, Nancy Donlon, William Hite, Rachel
Holzman, Sherri Arabia, Byron Golson, Rhonda Miller, Pauline Cooperson, Jessica
Ramos, and Marcia Roye on claims brought by Plaintiff pursuant to 42 U.S.C. § 1983,
the Americans with Disabilities Act, and/or the Rehabilitation Act in the above-captioned
actions.
3. To the extent Ms. Hamilton seeks to assert constitutional claims on behalf of S.R. in the
above-captioned actions, such claims are DISMISSED WITHOUT PREJUDICE.
4. To the extent Ms. Hamilton seeks to assert claims pursuant to the Individuals with
Disabilities Education Act in the above-captioned actions, such claims are DISMISSED
WITHOUT PREJUDICE.
5. Defendants’ Motion to Dismiss docketed in Civil Action No. 17-970 at Docket Number
13 is DEEMED MOOT.
6. The Clerk of Court shall CLOSE Civil Action Numbers 16-6579 and 17-970 for all
purposes including statistics.

IT IS FURTHER ORDERED that:
1. The U.S. Marshal shall mail a Form USM-285 to Plaintiff no later than seven (7) days
from the date this Order appears on the public docket.

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2. Plaintiff shall have fourteen (14) days from receipt of Form USM-285 to provide the U.S.
Marshal with all of the information necessary to permit the Marshal to serve Defendant
Carl W. Holmes, Jr. in Civil Action 16-5602.
3. Absent good cause shown by Plaintiff, if proof of service on Defendant Carl W. Holmes,
Jr. does not appear on the docket by November 3, 2017, the Court will dismiss Defendant
Holmes from Civil Action No. 16-5602 without prejudice pursuant to Federal Rule of
Civil Procedure 4(m).
4. All dates contained in the Court’s July 13, 2017 Scheduling Order, see Civil Action No.
16-5602, Doc. No. 47, are suspended until further notice by the Court.

It is so ORDERED.

BY THE COURT:

S/Gene E.K. Pratter
GENE E.K. PRATTER
United States District Judge

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