Pocono Mountain Charter School et al v. Pocono Mountain School District et al

Filing 41

ORDER re 40 Memorandum (Order to follow as separate docket entry) IT IS HEREBY ORDERED that Defendants Motion to Dismiss Plaintiffs First Amended Complaint (Doc. 34) is GRANTED in part and DENIED in part.(1)Defendants motion to dismiss the claims under the First Amendment (Count II), Equal Protection Clause (Count III), Due Process Clause (Count IV), and Article I, Section 3 of the Pennsylvania Constitution (Count V) is GRANTED. Counts II-V of the First Amended Complaint are DISMISSED.(2)De fendants motion to dismiss the claims under Title VI of the Civil Rights Act of 1964 (Count I) and Article I, Section 26 of the Pennsylvania Constitution (Count VI) is DENIED.(3)Defendants shall file an answer to the First Amended Complaint within twenty-one (21) days from the date of entry of this Order.Signed by Honorable A. Richard Caputo on 11/8/12. (jam)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
POCONO MOUNTAIN CHARTER
SCHOOL, et al.,

CIVIL ACTION NO. 3:CV-10-1171
(JUDGE CAPUTO)

Plaintiffs,
v.
POCONO MOUNTAIN SCHOOL
DISTRICT, et al.,
Defendants.
ORDER

NOW, this 8th day of November, 2012, IT IS HEREBY ORDERED that
Defendants’ Motion to Dismiss Plaintiffs’ First Amended Complaint (Doc. 34) is
GRANTED in part and DENIED in part.
(1)

Defendants’ motion to dismiss the claims under the First Amendment
(Count II), Equal Protection Clause (Count III), Due Process Clause (Count
IV), and Article I, Section 3 of the Pennsylvania Constitution (Count V) is
GRANTED. Counts II-V of the First Amended Complaint are DISMISSED.

(2)

Defendants’ motion to dismiss the claims under Title VI of the Civil Rights
Act of 1964 (Count I) and Article I, Section 26 of the Pennsylvania
Constitution (Count VI) is DENIED.

(3)

Defendants shall file an answer to the First Amended Complaint within
twenty-one (21) days from the date of entry of this Order.

/s/ A. Richard Caputo
A. Richard Caputo
United States District Judge