DISABILITY RIGHTS PENNSYLVANIA v. SCHOOL DISTRICT OF PHILADELPHIA et al

Filing 16

MEMORANDUM OPINION ORDER THAT PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (DOC. NO. 6 ) AND DEFENDANTS' MOTION FOR JUDGMENT ON THE PLEADINGS (DOC. NO. 7 ) ARE DENIED. DEFENDANTS ARE OBLIGATED TO PROVIDE PLAINTIFF WITH THE CONTACT INFORMATION REQUESTED IN THE COMMUNICATIONS REFERENCED IN PARAGRAPHS 35 AND 36 OF THE COMPLAINT, AS OUTLINED HEREIN. THE CLERK OF COURT IS DIRECTED TO MARK THIS MATTER CLOSED. SIGNED BY HONORABLE NITZA I QUINONES ALEJANDRO ON 3/27/2019. 3/28/2019 ENTERED AND COPIES E-MAILED.(amas)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
DISABILITY RIGHTS
PENNSYLVANIA
Plaintiff

CIVIL ACTION

N0.17-4858

v.
SCHOOL DISTRICT OF
PHILADELPHIA, et al.
Defendants

ORDER
AND NOW, this 27th day of March 2019, upon consideration of Plaintiff Disability
Rights Pennsylvania's ("Plaintiff') motion for summary judgment, [ECF 6], Defendants School
District of Philadelphia and William R. Hite, Jr.'s (collectively, "Defendants") response in
opposition, [ECF 11], Defendants' motion for judgment on the pleadings, [ECF 7], and
Plaintiffs response in opposition, [ECF 10], it is hereby ORDERED that, for the reasons set
forth in the accompanying Memorandum Opinion, Plaintiffs motion for summary judgment,
[ECF 6], is GRANTED, and Defendants' motion for judgment on the pleadings, [ECF 7], is

DENIED.
Consequently, it is declared that Defendants are obligated to provide Plaintiff with the
contact information requested in the communications referenced in paragraphs 35 and 36 of the
complaint, [ECF 1], pursuant to the Developmental Disabilities Assistance and Bill of Rights
Act, 42 U.S.C. §§ 15041-45, the Protection and Advocacy for Individuals with Mental Illness
Act, 42 U.S.C. §§ 10801-27, and their accompanying regulations.
The Clerk of Court is directed to mark this matter CLOSED.

BY THE COURT:
/s/ Nitza l Quinones Alejandro
NITZA I. QUINONES ALEJANDRO
Judge, United States District Court