E.R. and I.R., SR. v. Stroudsburg Area School District et al

Filing 56

ORDER (memorandum filed previously as separate docket entry), RE: MOTIONS TO DISMISS (SEE ORDER FOR DETAILS) - As the court is dismissing the plaintiffs federal claims, the court declines to exercise supplemental jurisdiction over the state law claims presented in Counts II, III, IV and VII of the plaintiffs amended complaint.(3)The Clerk of Court is directed to CLOSE THIS CASE.ORDER DISMISSING CASESigned by Honorable Malachy E Mannion on 9/29/17. (bs)

Download PDF
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF PENNSYLVANIA E.R. and I.R., Sr., Individually and as Parents and Natural Guardians of I.R., Jr., a minor, : v. CIVIL ACTION NO. 3:16-1593 : Plaintiffs : (JUDGE MANNION) : STROUDSBURG AREA SCHOOL DISTRICT, COLONIAL INTERMEDIATE UNIT 20 and SUZANNE DELLORUSSO, : : : Defendants : MEMORANDUM In accordance with the memorandum issued this same day, IT IS HEREBY ORDERED THAT: (1) The motion to dismiss the plaintiffs’ complaint filed on behalf of defendant School District, (Doc. 31); the motion to dismiss the plaintiffs’ complaint on behalf of defendant CIU, (Doc. 33); and the motion to dismiss the plaintiffs’ complaint brought on behalf of defendant Dellorusso, (Doc. 45), are GRANTED to the extent that Counts I, II, and VI of the plaintiffs’ amended complaint are DISMISSED pursuant to Fed.R.Civ.P. 12(b)(1) for the plaintiffs’ failure to properly exhaust administrative remedies. (2) As the court is dismissing the plaintiffs’ federal claims, the court declines to exercise supplemental jurisdiction over the state law claims presented in Counts II, III, IV and VII of the plaintiffs’ amended complaint. (3) The Clerk of Court is directed to CLOSE THIS CASE. s/Malachy E. Mannion MALACHY E. MANNION United States District Judge Date: September 29, 2017 O:\Mannion\shared\MEMORANDA - DJ\CIVIL MEMORANDA\2016 MEMORANDA\16-1593-01-ORDER.wpd 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?