Kenneth v. Derry Township School District et al

Filing 68

ORDER (memorandum filed previously as separate docket entry) - granting in part and denying in part motions 37 , 38 , and 39 to dismiss. Defendants deadline to respond to the amended complaint under Federal Rule of Civil Procedure 12(a)(4)(A) is DEFERRED for the duration of the 14-day amendment period set forth in paragraph 4 above. SEE ORDER FOR COMPLETE DETAILS. Signed by Honorable Christopher C. Conner on 1/7/2022. (mw)

Case 1:20-cv-01363-CCC Document 68 Filed 01/07/22 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
DR. KENNETH TAYLOR,

: CIVIL ACTION NO. 1:20-CV-1363
:
Plaintiff
: (Judge Conner)
:
v.
:
:
DERRY TOWNSHIP SCHOOL
:
DISTRICT; DONNA CRONIN, in her :
individual and official capacity;
:
LINDSAY DREW, in her individual and :
official capacity; MARIA MEMMI, in
:
her individual and official capacity;
:
TERRY SINGER, in his individual and :
official capacity; TRICIA STEINER, in :
her individual and official capacity;
:
DAVID OBENSTINE, in his individual :
capacity; JOHN/JANE DOE 1-10,
:
fictitious individuals; and ABC
:
ENTITIES 1-10, fictitious entities,
:
:
Defendants
:
ORDER
AND NOW, this 7th day of January, 2022, upon consideration of the motions

to dismiss by defendants Derry Township School District (“the District”), (see Doc.
38); Donna Cronin, Lindsay Drew, Maria Memmi, Terry Singer, and Tricia Steiner
(collectively, “Defendant Directors”), (see Doc. 39), and David Obenstine, (see Doc.
37), seeking to dismiss amended complaint of plaintiff Dr. Kenneth Taylor (“Coach
Taylor”), and the parties’ respective briefs in support of and opposition to said
motions, and for the reasons stated in the accompanying memorandum of today’s
date, it is hereby ORDERED that:
1.

The District’s motion (Doc. 38) to dismiss is GRANTED in part and
DENIED in part as follows:

Case 1:20-cv-01363-CCC Document 68 Filed 01/07/22 Page 2 of 3

a.
b.
2.

The District’s motion (Doc. 38) is GRANTED to the extent that
Count II is DISMISSED without prejudice.
The District’s motion (Doc. 38) is otherwise DENIED.

The Defendant Directors’ motion (Doc. 39) is GRANTED in part and
DENIED in part as follows:
a.

b.

The Defendant Directors’ motion (Doc. 39) is GRANTED with
regard to Count I to the extent that the claims against Memmi,
Sicher, Singer, and Steiner are DISMISSED without prejudice.

c.

The Defendant Directors’ motion (Doc. 39) is GRANTED with
regard to Count II to the extent that the claims against Cronin,
Drew, Memmi, Sicher, Singer, and Steiner are DISMISSED
without prejudice.

d.

The Defendant Directors’ motion (Doc. 39) is GRANTED with
regard to Counts IV, V, and VI to the extent that the claims
against Drew and Cronin arising out of their actions and
statements at official meetings of the Derry Township School
District Board of School Directors are DISMISSED with
prejudice.

e.
3.

The Defendant Directors’ motion (Doc. 39) is GRANTED with
regard to Count I and II to the extent that all official capacity
claims against the Defendant Directors are DISMISSED with
prejudice.

The Defendant Directors’ motion (Doc. 39) is otherwise
DENIED.

Obenstine’s motion (Doc. 37) is GRANTED in part and DENIED in
part as follows:
a.

Obenstine’s motion (Doc. 37) is GRANTED with regard to
Count IV to the extent that Coach Taylor’s claim for tortious
interference with an existing contractual relationship is
DISMISSED without prejudice.

b.

Obenstine’s motion (Doc. 37) is GRANTED with regard to Count
VI to the extent that Coach Taylor’s defamation claim arises out
of bullying, player safety, and deflection statements.

Case 1:20-cv-01363-CCC Document 68 Filed 01/07/22 Page 3 of 3

c.
4.

Obenstine’s motion (Doc. 37) is otherwise DENIED.

Coach Taylor is granted leave to amend the claims dismissed in
paragraphs 1(a), 2(b), 2(c), and 3(a) within 14 days. In the absence of a
timely filed second amended complaint, the above-captioned action
shall proceed on the following claims:
a.

b.

Count III civil conspiracy claim against Cronin, Drew, and
Obenstine.

c.

5.

Count I deprivation of due process against the District, Cronin,
and Drew premised on their deprivation of Coach Taylor’s
liberty interest.

Count IV, V, and VI for tortious interference with a prospective
contractual relationship, false light, and defamation against
Obenstine and against Cronin and Drew, insofar as those counts
relate to Cronin’s and Drew’s actions outside of their official
capacities.

Defendants’ deadline to respond to the amended complaint under
Federal Rule of Civil Procedure 12(a)(4)(A) is DEFERRED for the
duration of the 14-day amendment period set forth in paragraph 4
above.

/S/ CHRISTOPHER C. CONNER
Christopher C. Conner
United States District Judge
Middle District of Pennsylvania