MGJ et al v. SCHOOL DISTRICT OF PHILADELPHIA et al

Filing 24

MEMORANDUM ORDER THAT DEFENDANTS' MOTIONS TO DISMISS OR FOR SUMMARY JUDGMENT BASED ON A RELEASE (DOC. NOS. 10 AND 11 ), ARE GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. NO LATER THAN 6/2/2017, PLAINTIFF SHALL FILE AN AMENDED COMPLAINT. SIGNED BY HONORABLE MARK A. KEARNEY ON 5/25/2017. 5/25/2017 ENTERED AND COPIES E-MAILED.(amas)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
MGJ, et al.

CIVIL ACTION

v.

NO. 17-318

SCHOOL DISTRICT OF
PHILADELPHIA, et al.

ORDER

AND NOW, this z5th day of May 2017, upon considering Defendants' Motions to Dismiss
(ECF Doc. Nos. 10 and 11), Defendant Carson Valley Children's Aid's Notice of joinder (ECF
Doc. No. 12), Plaintiffs' responses (ECF Doc. Nos. 13 and 14), having converted Defendant
School District of Philadelphia's Motion to dismiss (ECF Doc. No. 11) on the affirmative defense
of release to a motion for summary judgment under Fed.R.Civ.P. 56 in our April 28, 2017 Order
(ECF Doc. No. 15) which afforded the parties an opportunity to supplement the record to address
Defendants' affirmative defense of a release, and upon considering the additional materials
submitted by Plaintiff (ECF Doc. Nos. 18 and 19), it is ORDERED the Defendants' Motions to
dismiss or for summary judgment based on a release (ECF Doc. Nos. 10 and 11) are GRANTED
in part and DENIED in part:

1.

Release under Rule 56.
a. We dismiss only the Section 504 Rehabilitation Act claim against the School

District, Carson Valley, Colette Langston, Jodi Roseman, and Lisa Lynch;
2.

School District under Rule 12(b)(6).
a. We dismiss the 42 U.S.C. § 1983 claims against the School District;
b. Plaintiff may proceed under Title IX, Title II of the Americans with Disabilities

Act, intentional infliction of emotional distress, breach of fiduciary duty, punitive damages, and

breach of contract under the Individuals with Disabilities Education Act;
3.

Individual District Defendants under Rule 12(b)(6).
a. We dismiss Plaintiff's claims arising from negligence, punitive damages under the

pled federal statutes, 42 U.S.C. § 1983, and Title II of the Americans with Disabilities Act;
b. Plaintiff may under state law for intentional infliction of emotional distress, breach
of fiduciary duty, and punitive damages.
4.

Carson Valley under Rule 12(b)(6).
a. We dismiss Plaintiff's claims under Title IX, 42 U.S.C. § 1983, and Title II of the

Americans with Disabilities Act;
b. Plaintiff may proceed under state law for intentional infliction of emotional
distress, negligence, and punitive damages; and,
5.

Amended Complaint. No later than June 2, 2017, Plaintiff shall file an Amended

Complaint to, among other things, identify each named party, streamline the allegations under
Fed.R.Civ.P. 8, and, if warranted by the facts and Fed. R. Civ. P. 11, replead a dismissed claim.

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