Cuvo et al v. Pocono Mountain School District et al

Filing 38

ORDER (memorandum filed previously as separate docket entry).In accordance with the accompanying Memorandum, IT IS HEREBY ORDERED THAT:1.The defendants motion to dismiss (Doc. 29) is GRANTED in part and DENIED in part;2.Count II of the amended compla int is DISMISSED as duplicative of Count I;3.The motion to dismiss with respect to the plaintiffs § 1983 claims against the individual defendants (Count I) is DENIED;4.The plaintiffs § 1983 claims against the school district (Counts I and III) are DISMISSED for failure to state a claim pursuant to Fed. R. Civ. P. 12(b)(6);5.The plaintiffs state law claims (Counts IV and V) are permitted to proceed against all defendants; and 6.The plaintiffs punitive damages claims against defendants Haines, and Hollar in his official capacity, are dismissed for failure to state a claim pursuant to Fed. R. Civ. P. 12(b)(6).Signed by Magistrate Judge Joseph F. Saporito, Jr on 12/23/19. (ms)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
ROBERT CUVO and LISA
CUVO, on behalf of the minor
Child, A.C.,
Plaintiffs,
v.
POCONO MOUNTAIN
SCHOOL DISTRICT, et al.,
Defendants.

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No. 3:18-cv-01210
(Saporito, M.J.)

ORDER
AND NOW, this 23rd day of December, 2019, in accordance with
the accompanying Memorandum, IT IS HEREBY ORDERED THAT:
1.

The defendant’s motion to dismiss (Doc. 29) is

GRANTED in part and DENIED in part;
2.

Count II of the amended complaint is DISMISSED as

duplicative of Count I;
3.

The motion to dismiss with respect to the plaintiffs’ §

1983 claims against the individual defendants (Count I) is DENIED;
4.

The plaintiffs § 1983 claims against the school district

(Counts I and III) are DISMISSED for failure to state a claim pursuant

to Fed. R. Civ. P. 12(b)(6);
5.

The plaintiffs state law claims (Counts IV and V) are

permitted to proceed against all defendants; and
6.

The

plaintiffs’

punitive

damages

claims

against

defendants Haines, and Hollar in his official capacity, are dismissed for
failure to state a claim pursuant to Fed. R. Civ. P. 12(b)(6).

s/Joseph F. Saporito, Jr.
JOSEPH F. SAPORITO, JR.
U.S. Magistrate Judge
Dated: December 23, 2019

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