Kobrick v. Stevens et al

Filing 61

ORDER (memorandum filed previously as separate docket entry). defendant Stevenss motion to dismiss, (Doc. 32), is GRANTED IN PART AND DENIED IN PART; the Western Wayne defendants motion to dismiss, (Doc. 16), is GRANTED IN PART AND DENIED IN PART; the Lakeland defendants motion to dismiss, (Doc. 18), is GRANTED IN PART AND DENIED IN PART. (See order for details). Signed by Honorable Malachy E Mannion on 9/30/14. (bs)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
ALEXANDRA KOBRICK,

:

Plaintiff

:

v.

:

CIVIL ACTION NO. 3:13-2865
(JUDGE MANNION)
MATTHEW STEVENS, LAKELAND
SCHOOL DISTRICT, WESTERN
WAYNE SCHOOL DISTRICT,
DR. MARGARET BILLINGSJONES, THOMAS KAMEROSKI,
ANDREW FALONK, and PATRICK
SHEEHAN,
Defendants

:
:
:
:
:

ORDER
In light of the memorandum issued this same day, IT IS HEREBY
ORDERED THAT:
(1)

defendant Stevens’s motion to dismiss, (Doc. 32), is
GRANTED IN PART AND DENIED IN PART as follows:
(a)

defendant Stevens’s motion to dismiss is GRANTED
with respect to the Fourth Amendment claim in Count
One of the plaintiff’s complaint; the Pennsylvania
Constitution claim in Count Eight; and the Sexual and
Simple Assault claim in Count Ten.

(b)

defendant Stevens’s motion to dismiss is DENIED in
all other respects.

(2)

the Western Wayne defendants’ motion to dismiss, (Doc.
16), is GRANTED IN PART AND DENIED IN PART as
follows:
(a)

the Western Wayne defendants’ motion to dismiss is
GRANTED with respect to the Fourth Amendment
claim in Count Six; the Title IX claim against
defendants Falonk and Sheehan in Count Seven; the
Pennsylvania Constitution claim in Count Eight; the
Sexual and Simple Assault claim in Count Ten; the
Negligence claim in Count Thirteen; the IIED claim in
Count Fourteen against the Western Wayne School
District and defendant Falonk; and the claim for
punitive damages against the Western Wayne School
District and defendant Falonk;

(b)

the Western Wayne defendants’ motion to dismiss is
DENIED in all other respects.

(3)

the Lakeland defendants’ motion to dismiss, (Doc. 18), is
GRANTED IN PART AND DENIED IN PART as follows:
(a)

the Lakeland defendants’ motion to dismiss is
GRANTED with respect to the state law claims in
Counts Nine, Ten, Eleven, Twelve and Fourteen
against defendant Billing-Jones; the state law claims
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in Counts Nine, Ten, Eleven, Twelve and Fourteen
against defendant Lakeland School District; the state
law claims in Counts Nine, Eleven and Twelve against
defendant Kameroski; the Fourth Amendment claim
in Count Four; the Title IX claim against defendants
Billings-Jones and Kameroski in Count Five; the
Pennsylvania Constitution claim in Count Eight; the
Sexual and Simple Assault claim in Count Ten; the
IIED claim in Count Fourteen against defendants
Lakeland School District and Billings-Jones in Count
Fourteen; and the punitive damages claim against
defendants Lakeland School District and BillingsJones;
(b)

the Lakeland defendants’ motion to dismiss is
DENIED in all other respects.

s/ Malachy E. Mannion
MALACHY E. MANNION
United States District Judge
Date: September 30, 2014
O:\Mannion\shared\MEMORANDA - DJ\CIVIL MEMORANDA\2013 MEMORANDA\13-2865-01-ORDER.wpd

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