J.S. et al v. Blue Mountain School District et al

Filing 33

MOTION for Summary Judgment with Certificate of Service and Exhibits to be filed Traditionally by Joyce E. Romberger, James S. McGonigle, Blue Mountain School District. (Attachments: # 1 Statement of Uncontested Facts# 2 Proposed Order # 3 Certificate of Non-Concurrence# 4 Exhibit List)(Riba, Jonathan)

J.S. et al v. Blue Mountain School District et al

Doc. 3

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA J.S., et al. Plaintiffs, v. BLUE MOUNTAIN SCHOOL DISTRICT; DR. JOYCE E. ROMBERGER, Superintendent Blue Mountain School District; and JAMES S. MCGONIGLE, Principal Blue Mountain Middle School, both in their official and individual capacities, Defendants. DEFENDANTS' MOTION FOR SUMMARY JUDGMENT The Defendants, Blue Mountain School District, Dr. Joyce E. Romberger and James S. McGonigle, (hereinafter referred to as "Defendants"), by and through its attorneys, Sweet, Stevens, Katz & Williams, LLP, present the following Motion for Summary Judgment and aver the following: 1. This action was commenced on or about March 28, 2007, by J.S. and : : : : : : : : : : : : : CIVIL ACTION NO. 07-CV-585 JUDGE: JAMES M. MUNLEY

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her parents, Terry and Steven Snyder. 2. By way of their Complaint, the Plaintiffs allege that the Defendants

violated Plaintiffs' rights which are protected by the United States Constitution.

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3.

Extensive discovery took place in this case and the matter is ripe for

adjudication. 4. The Defendants submit that as a matter law, all of Plaintiffs' claims

should be dismissed. 5. The Defendants incorporate as though fully set forth herein its Brief in

support of Summary Judgment, which will be filed in accordance with Local Rule 7.5. 6. The Defendants also incorporate as though fully set forth herein, its

Statement of Uncontested Facts and Exhibit List which is being filed contemporaneously with this instant Motion. WHEREFORE, the Defendants respectfully request that this Court enter the attached proposed Order and grant Defendants' Motion for Summary Judgment. Respectfully submitted,
SWEET, STEVENS, KATZ & WILLIAMS LLP

Date: November 21, 2007

By:

/s/ Jonathan P. Riba Jonathan P. Riba, Esquire Attorney I.D. #88095 331 Butler Avenue, P.O. Box 5069 New Britain, Pennsylvania 18901 Telephone: [phone] Facsimile: [phone] e-mail: [e-mail] Attorney for Defendants

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA J.S., et al. Plaintiffs, v. BLUE MOUNTAIN SCHOOL DISTRICT; DR. JOYCE E. ROMBERGER, Superintendent Blue Mountain School District; and JAMES S. MCGONIGLE, Principal Blue Mountain Middle School, both in their official and individual capacities, Defendants. CERTIFICATE OF SERVICE I, Jonathan P. Riba, Esquire, counsel for the Blue Mountain School District, Dr. Joyce Romberger and James S. McGonigle hereby certify that a true and correct copy of the foregoing Motion for Summary Judgment and Statement of Uncontested Facts is available through the Court's ECF filing system and also mailed to the following counsel at the following address, via U.S. First Class Mail, on this date: MaryCatherine Roper, Esquire Staff Attorney American Civil Liberties Union of PA P.O. Box 40008 Philadelphia, PA 19106 Mary Kohart, Esquire Meredith Nissen, Esquire Drinker Biddle & Reath LLP One Logan Square Philadelphia, PA 19103 : : : : : : : : : : : : : CIVIL ACTION NO. 07-CV-585 JUDGE: JAMES M. MUNLEY

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SWEET, STEVENS, KATZ & WILLIAMS LLP Date: November 21, 2007 By: /s/ Jonathan P. Riba Jonathan P. Riba, Atty. I.D. # 88095 331 Butler Avenue, P.O. Box 5069 New Britain, Pennsylvania 18901 Telephone [phone] Facsimile [phone] e-mail: [e-mail]