M.B. v. SCHUYLKILL COUNTY et al

Filing 70

ORDER THAT THE SCHUYLKILL COUNTY DEFENDANTS' MOTION TO DISMISS IS GRANTED IN PART AND DENIED IN PART. THE CATHOLIC SOCIAL SERVICES OF THE DIOCESE OF SCRANTON DEFENDNATS' MOTION TO DISMISS IS GRANTED. THE KIDSPEACE DEFENDANTS' MOTION TO DISMISS IS GRANTED IN PART AND DENIED IN PART. KIDSPEACE DEFENDANTS' MOTION TO STAY DISCOVERY IS DEEMED MOOT. SIGNED BY HONORABLE GENE E.K. PRATTER ON 3/21/19. 3/22/19 ENTERED AND COPIES MAILED AND E-MAILED.(mbh, )

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

M.B., A MINOR,
Plaintiff,
v.
SCHUYLKILL COUNTY et al.,
Defendants.

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CIVIL ACTION

No. 18-756

ORDER
AND NOW, this 21st day of March, 2019, upon consideration of the Schuylkill County
Defendants’ Motion to Dismiss (Doc. No. 45), the Catholic Social Services of the Diocese of
Scranton Defendants’ Motion to Dismiss (Doc. Nos. 46, 47), the KidsPeace Defendants’ Motion
to Dismiss (Doc. No. 48), Plaintiff M.B.’s Responses thereto (Doc. Nos. 50, 51, and 52), the
KidsPeace Defendants’ Reply (Doc. No. 54), the KidsPeace Defendants’ Motion to Stay Discovery
pending a ruling on the motions to dismiss (Doc. No. 63), and Plaintiff M.B.’s Response thereto
(Doc. No. 66):
1) It is ORDERED that, as set forth in the Court’s March 12, 2019 Memorandum:
a. The Schuylkill County Defendants’ Motion to Dismiss (Doc. No. 45) is
GRANTED IN PART AND DENIED IN PART, such that:
i.

the punitive damages claim against Marcia Hoke in her official capacity
only (in Count I) is DISMISSED WITH PREJUDICE;

b. The Catholic Social Services of the Diocese of Scranton Defendants’ Motion to
Dismiss (Doc. No. 46) is GRANTED, such that:
i. the § 1983 claims against all of the Catholic Social Services of the
Diocese of Scranton Defendants (Count II) are DISMISSED
WITHOUT PREJUDICE, and
ii. the negligence and vicarious liability claims against all of the Catholic
Social Services of the Diocese of Scranton Defendants (in Count III) are
DISMISSED WITHOUT PREJUDICE; and

c. The KidsPeace Defendants’ Motion to Dismiss (Doc. No. 48) is GRANTED
IN PART AND DENIED IN PART, such that:
i. all of the § 1983 claims against the KidsPeace Defendants (in Count I)
are DISMISSED WITHOUT PREJUDICE.
2) It is ORDERED that the KidsPeace Defendants’ Motion to Stay Discovery (Doc. No.
63) is DEEMED MOOT.

BY THE COURT:

/s/ Gene E.K. Pratter
GENE E.K. PRATTER
UNITED STATES DISTRICT JUDGE