H.J. v. DELAPLAINE MCDANIEL SCHOOL et al

Filing 16

ORDER: THAT 1) THE CITY OF PHILADELPHIA'S MOTION TO DISMISS (DOC. NO. 5) IS GRANTED AS UNOPPOSED. 2) THE SCHOOL DISTRICT'S MOTION TO DISMISS (DOC. NO. 6) IS GRANTED. 3) THE MOTION FOR LEAVE TO FILE AN AMENDED COMPLAINT (DOC. NO. 13) IS GRAN TED. THE PLAINTIFF MAY FILE AN AMENDED COMPLAINT ON OR BEFORE JANUARY 4, 2018 IN ACCORDANCE WITH THIS ORDER AND THE COURT'S NOVEMBER 30, 2017 MEMORANDUM OPINION. ANY RESPONSE TO THAT COMPLAINT IS DUE NO LATER THAN JANUARY 22, 2018. 4) IF NO AMENDED COMPLAINT IS FILED BY JANUARY 4, 2018, THE CLERK OF COURT WILL MARK THIS CASE CLOSED FOR ALL PURPOSES, INCLUDING STATISTICS, ON JANUARY 5, 2018. SIGNED BY HONORABLE GENE E.K. PRATTER ON 11/30/2017. 11/30/2017 ENTERED AND COPIES E-MAILED. (sme, )

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

H.J., a minor, by BLANCHE WELLS,
GUARDIAN
Plaintiff,
v.
DELAPLAINE MCDANIEL
SCHOOL et al.,
Defendants.

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CIVIL ACTION

No. 17-3229

ORDER
AND NOW, this 30th day of November, 2017, upon consideration of the Plaintiff’s
Complaint (Doc. No. 1), The City of Philadelphia’s Motion to Dismiss for Failure to State a
Claim (Doc. No. 5), The School District’s Motion to Dismiss (Doc. No. 6), the Plaintiff’s
Response (Doc. No. 7), oral argument held relating thereto on November 20, 2017, and the
Motion for Leave to File an Amended Complaint (Doc. No. 13) it is hereby ORDERED that:
1) The City of Philadelphia’s Motion to Dismiss (Doc. No. 5) is GRANTED as unopposed.
2) The School District’s Motion to Dismiss (Doc. No. 6) is GRANTED.
3) The Motion for Leave to File an Amended Complaint (Doc. No. 13) is GRANTED. The
plaintiff may file an amended complaint on or before January 4, 2018 in accordance with
this order and the Court’s November 30, 2017 Memorandum Opinion. Any response to
that complaint is due no later than January 22, 2018.
4) If no amended complaint is filed by January 4, 2018, the Clerk of Court will mark this
case CLOSED for all purposes, including statistics, on January 5, 2018.

BY THE COURT:
S/Gene E.K. Pratter
GENE E.K. PRATTER
UNITED STATES DISTRICT JUDGE