HALL v. EASTON AREA SCHOOL DISTRICT
MEMORANDUM AND/OR OPINION ORDER THAT THE DEFTS' MOTION TO DISMISS (DOC. #7) IS GRANTED IN PART AND DENIED IN PART AS OUTLINED IN THIS ORDER, ETC. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 2/16/2012; 2/17/2012 ENTERED AND COPIES E-MAILED.(tomg, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
MICHELE VULCANO HALL
EASTON AREA SCHOOL DISTRICT,
SUSAN MCGINLEY AND JOHN
AND NOW, this 16th day of February, 2012, upon consideration of Defendants’ “Motion to
Dismiss First Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(1) and Fed. R. Civ. P. 12(b)(6)”
(Doc. No. 7), Plaintiff’s response in opposition, and Defendants reply thereto, and for reasons stated
in the accompanying Memorandum Opinion, it is hereby ORDERED that Defendants’ Motion is
GRANTED in part and DENIED in part as follows:
Plaintiff’s requests for punitive damages in Counts I, II, and III are STRICKEN;
Counts IV and VII are DISMISSED; and
Count VI is DISMISSED to the extent that it asserts a procedural due process claim
relating to Plaintiff’s liberty interest in associating with her father, and to the extent
that it alleges any substantive due process claim.
Plaintiff shall have fourteen days from the date of this Order to amend her Complaint as to
Count V. Application for dismissal of Count V may be made if a timely amendment is not
forthcoming within that time frame.
BY THE COURT:
/s/ Mitchell S. Goldberg
MITCHELL S. GOLDBERG, J.
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