DOMBROWSKI v. GOVERNOR MIFFLIN SCHOOL DISTRICT

Filing 48

MEMORANDUM AND/OR OPINION ORDER THAT DEFENDANT'S MOTION TO DISMISS PORTIONS OF THE PLAINTIFF'S AMENDED COMPLAINT AND TO STRIKE PORTIONS THEREOF (DOC. NO. 36) IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. PLAINTIFF SHALL FILE A SECOND AMENDED COMPLAINT IN CONFORMANCE WITH THE COURT'S MEMORANDUM AND ORDER NO LATER THAN 7/23/2012; ETC.. SIGNED BY HONORABLE C. DARNELL JONES, II ON 6/29/2012. 6/29/2012 ENTERED AND COPIES E-MAILED. (ems)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
RACHEL DOMBROWSKI,
Plaintiff,
v.
GOVERNOR MIFFLIN SCHOOL
DISTRICT,
Defendant.

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CIVIL ACTION
NO. 11-1278

JONES, II, U.S.D.J.

June 29, 2012

ORDER
And now, this 29th day of June, 2012, it is hereby ORDERED that:
1.

Defendant’s Motion to Dismiss Portions of the Plaintiff’s Amended Complaint and to
Strike Portions Thereof (Docket No. 36) is GRANTED IN PART and DENIED IN PART
as follows:
A.

Count One shall proceed.

B.

Count Two is dismissed with prejudice.

C.

Count Three is dismissed with prejudice.

D.

Count Four is dismissed with prejudice, except for the due process claim
concerning the January 2011 School Board hearing which shall proceed.

E.

Plaintiff’s claims for punitive damages are dismissed.

F.

Paragraphs 68 and 69 of the Amended Complaint are stricken; all other
Paragraphs shall remain.

2.

Plaintiff shall file a Second Amended Complaint in conformance with the Court’s
Memorandum and Order no later than July 23, 2012.

3.

Defendant shall respond to the Second Amended Complaint within the time set forth in
the Federal Rules of Civil Procedure.

BY THE COURT:
/s/ C. Darnell Jones, II
_____________________________
C. DARNELL JONES, II,

U.S.D.J.