CHERRY v. SPECIAL EDUCATION

Filing 26

MEMORANDUM ORDER denying 9 Motion to Dismiss and/or Motion for More Definite Statement and adopting 23 Report and Recommendation of Magistrate Judge Eddy as the opinion of the Court. Case is remanded to Magistrate Judge Eddy for further pretrial proceedings. Signed by Judge David S. Cercone on 7/7/16. (njt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
KIM CHERRY,

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Plaintiff,
V.

SPECIAL EDUCATION,
Defendant.

2:15cv1457
Electronic Filing
Judge David Stewart Cercone
United States Magistrate Judge
Cynthia Reed Eddy

MEMORANDUM ORDER

The present action was initiated in this Court on November 6, 2015. The case was
referred to United States Magistrate Judge Cynthia Reed Eddy for pretrial proceedings in
accordance with Magistrate Judges Act, 28 U.S.C. § 636(b)(l) and Local Rules of Court 72.C
and 72.D.
On June 13, 2016, Magistrate Judge Eddy issued a Report and Recommendation
("R&R"), [ECF No. 23], recommending that that Defendant's Motion to Dismiss Pursuant to
Fed. R. Civ. P. 12(b)(l) and 12(b)(6) and/or Motion for More Definite Statement Pursuant to
Fed. R. Civ. P. 12(e) [ECF No. 9] be denied. The parties were informed that in accordance with
the Magistrate Judges Act, 28 U.S.C. § 636(b)(l)(B) and (C), and Local Civil Rules of Court,
they had until June 30, 2016 to file any objections. To date, no objections have been filed.
Accordingly, after a de nova review of the pleadings and documents in this case, together with
the R&R, the following Ord~ entered:
AND NOW, this

1-'~ay

of July, 2016,

IT IS HEREBY ORDERED that Defendant's Motion to Dismiss Pursuant to Fed. R.

Civ. P. 12(b)(l) and 12(b)(6) and/or Motion for More Definite Statement Pursuant to Fed. R.
Civ. P. 12(e) [ECF No. 9] is DENIED.

IT IS FURTHER ORDERED that the caption in this case is amended as follows:
KIM CHERRY, on behalf of R.C.,
a minor,
Plaintiff,
V.

SCHOOL DISTRICT OF PITTSBURGH,
Defendant.
IT IS FURTHER ORDERED that the R&R [ECF No. 23] is ADOPTED as the

Opinion of the District Court.

IT IS FURTHER ORDERED that the case is remanded to Magistrate Judge Eddy for
all further pretrial proceedings.

David Stewart Cercone
United States District Judge
cc:

Honorable Cynthia Reed Eddy
United States Magistrate judge
Kim Cherry
2209 Arlington Avenue
Pittsburgh, PA 15210
(Via First Class Mail)
Rebecca Hall, Esq.
(Via CM/ECF Electronic Mail)

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