Barrett v. Wyoming Valley West School District

Filing 33

ORDER (memorandum filed previously as separate docket entry).1.The defendants motion to dismiss (Doc. 3) is DENIED in part, and GRANTED in part;2.The motion to dismiss is DENIED as to Counts I and II of the complaint;3.The motion to dismiss is GRANTED without prejudice as to Count III of the complaint;4.The plaintiff is granted leave to file an amended complaint within twenty-one (21) days from the date of this order.Signed by Magistrate Judge Joseph F. Saporito, Jr on 9/26/17. (ms)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
BARBARA BARRETT, individually
and o/b/o S.S. and B.S., her minor
daughters,
Plaintiff,

CIVIL ACTION NO. 3:16-cv-01769

v.

(SAPORITO, M.J.)

WYOMING VALLEY WEST
SCHOOL DISTRICT,
Defendant.
ORDER

AND NOW, this 26th day of September, 2017, upon consideration
of the motion to dismiss (Doc. 3) filed by the defendant, and consistent
with the Memorandum filed simultaneously herewith, it is hereby
ORDERED that:
1.

The defendant’s motion to dismiss (Doc. 3) is DENIED in

part, and GRANTED in part;
2.

The motion to dismiss is DENIED as to Counts I and II of

the complaint;
3.

The motion to dismiss is GRANTED without prejudice as

to Count III of the complaint;
4.

The plaintiff is granted leave to file an amended complaint

within twenty-one (21) days from the date of this order.

s/ Joseph F. Saporito, Jr.
JOSEPH F. SAPORITO, JR.
U.S. Magistrate Judge

September 26, 2017

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