C.T. v. DELAPLAINE MCDANIEL SCHOOL et al

Filing 15

ORDER THAT COUNT III OF THE COMPLAINT IS DISMISSED WITH PREJUDICE. COUNT IV OF THE COMPLAINT IS DISMISSED AS TO THE MCDANIEL SCHOOL WITH PREJUDICE AND AS TO THE SCHOOL DISTRICT AND COLLIER-BACON WITHOUT PREJUDICE WITH LEAVE TO AMEND. ANY AMENDMENTS MUST BE MADE WITHIN 14 DAYS. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 2/26/2018. 2/27/2018 ENTERED AND COPIES E-MAILED.(kp, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
C.T., A MINOR, BY CLEMENSTINE
SMITH, GUARDIAN
CIVIL ACTION
v.
NO. 17-4463
DELEPLAINE MCDANIEL SCHOOL,
ET AL.

ORDER RE: MOTION TO DISMISS

AND NOW, having considered the Motion to Dismiss the Complaint (ECF 2) of Defendants McDaniel
School, the School District, and Collier-Bacon, and the response thereto, and for the reasons explained
in the foregoing memorandum, it is hereby ORDERED that:
1. Count III of the Complaint is DISMISSED in its entirety, with prejudice;
2. Count IV of the Complaint is DISMISSED as to the McDaniel School, with prejudice, and as to
the School District and Collier-Bacon, without prejudice, with leave to amend;
3. Any amendments must be made within fourteen (14) days.

BY THE COURT:

Date: 2/26/18
O:\Christina.2017\CT v. Deleplaine (17-4463)\MTD Order_17-4463.docx

/s/ Michael M. Baylson
Michael M. Baylson, U.S.D.J.