N.M. et al v. Wyoming Valley West School District

Filing 17

ORDER 1. Defendant's motion to dismiss Plaintiffs appeal from the August 3,2015 decision of the administrative hearing officer, Counts II, III, and IV, is DENIED. 2. Defendant's motion to dismiss Count I alleging aclaim under Section 504 of the Rehabilitation Act is DENIED. 3. Defendant's motion to dismiss Count Valleging a claim under the American With Disabilities Act is DENIED. 4. Defendant's motion to dismiss Counts VI and VII is GRANTED. Plaintiffs Section 1983 claims a re DISMISSED WITHOUT PREJUDICE. 5. Defendant's motion to dismiss Count VIII is DENIED. 6. Plaintiffs request for an order permitting it to supplement the administrative record is GRANTED. 7. IT IS HEREBY ORDERED THAT 14 days from the date of thi s Order Plaintiff shall submit to the Court the certified administrative record. 8. Plaintiff is HEREBY GRANTED 14 days from the date of this Order to file an Amended Complaint as to Counts VI and VII. 9. The Court HEREBY DIRECTS the participate in a telephone conference to discuss case management and all outstanding issues on Tuesday May 17, 2016 at 11:OO AM. It shall be the responsibility of Plaintiff to arrange the call to Chambers at [phone] and all parties shall be prepared to proceed before the undersigned is contacted.Signed by Honorable Robert D. Mariani on 5/11/16. (jfg)

THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

N.M., a Minor, and
C.F., as Parent and
Guardian of N.M.
Plaintiffs,

v.

3:1 S-CV-01 S8S
(JUDGE MARIANI)

WYOMING VALLEY WEST
SCHOOL DISTRICT
Defendants.
ORDER

AND NOW, THIS

/I~

DAY OF MAY 2016, upon consideration of

Defendant Wyoming Valley West School District's Motion to Dismiss Plaintiffs Complaint for
failure to state a claim, (Doc. 6), all accompanying briefs, and for the reasons set forth in the
accompanying memorandum opinion, IT IS HEREBY ORDERED THAT the Defendant's
motion is GRANTED IN PART AND DENIED IN PART; to wit:
1. Defendant's motion to dismiss Plaintiffs appeal from the August 3,2015 decision of
the administrative hearing officer, Counts II, III, and IV, is DENIED.
2. Defendant's motion to dismiss Count I alleging a claim under Section 504 of the
Rehabilitation Act is DENIED.
3. Defendant's motion to dismiss Count V alleging a claim under the American With
Disabilities Act is DENIED.

4. Defendant's motion to dismiss Counts VI and VII is GRANTED. Plaintiffs Section
1983 claims are DISMISSED WITHOUT PREJUDICE.
5. Defendant's motion to dismiss Count VIII is DENIED.
6. Plaintiffs request for an order permitting it to supplement the administrative record is

GRANTED.
7. IT IS HEREBY ORDERED THAT 14 days from the date of this Order Plaintiff
shall submit to the Court the certified administrative record.
8. Plaintiff is HEREBY GRANTED 14 days from the date of this Order to file an
Amended Complaint as to Counts VI and VII.
9. The Court HEREBY DIRECTS the participate in a telephone conference to discuss
case management and all outstanding issues on Tuesday May 17J 2016 at

11 :OOAM. It shall be the responsibility of Plaintiff to arrange the call to Chambers at
[phone] and all parties shall be prepared to proceed before the undersigned
is contacted.

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