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)

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)

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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

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