Butler v. Mountain View School District

Filing 19

ORDER (memorandum filed previously as separate docket entry).(1)Counts 1, 4 and 5 are DISMISSED WITH PREJUDICE;(2)Counts 2 and 3 are DISMISSED WITHOUT PREJUDICE;(3)The plaintiff may file an amended complaint with respect to Counts 2 and 3 on or before September 9, 2013.Signed by Honorable Malachy E Mannion on 8/26/13. (bs)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
JEFFREY BUTLER,
as Administrator of the
Estate of Aleshia Butler,
the decedent,

:
:
CIVIL ACTION NO. 3:12-CV-2038
:

Plaintiff

(JUDGE MANNION)
:

v.
:
MOUNTAIN VIEW
SCHOOL DISTRICT,

:

Defendant

:
ORDER

Pending before the court is the defendant’s motion to dismiss. (Doc.
No. 8). For the reasons stated in the Memorandum of this date, IT IS
HEREBY ORDERED THAT the defendant’s motion to dismiss is GRANTED
as follows:

(1)

Counts 1, 4 and 5 are DISMISSED WITH PREJUDICE;

(2)

Counts 2 and 3 are DISMISSED WITHOUT PREJUDICE;

(3)

The plaintiff may file an amended complaint with respect to
Counts 2 and 3 on or before September 9, 2013.

s/ Malachy E. Mannion
MALACHY E. MANNION
United States District Judge
Dated: August 26, 2013
O:\Mannion\shared\MEMORANDA - DJ\2012 MEMORANDA\12-2038-01-order.wpd