T.C. v. Lewisville Independent School District

Filing 32

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE GRANTING 12 Motion to Dismiss filed by Lewisville Independent School District, 25 Report and Recommendations. Plaintiff's Section 504 and ADA are DISMISSED for failure to state a claim. Only Plaintiffs' claims under the IDEA shall proceed. Signed by Judge Richard A. Schell on 9/29/2014. (baf, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
T.C. as next friend of STUDENT,
a minor child

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Plaintiffs
VS.
LEWISVILLE INDEPENDENT
SCHOOL DISTRICT
Defendant

Case No. 4:13cv186

MEMORANDUM ADOPTING REPORT AND
RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
Came on for consideration the report of the United States Magistrate Judge in this action, this
matter having been heretofore referred to the United States Magistrate Judge pursuant to 28 U.S.C.
§ 636. On August 11, 2014, the report of the Magistrate Judge was entered containing proposed
findings of fact and recommendations that Defendant Lewisville Independent School District’s
Motion to Dismiss Plaintiffs’ First Amended Original Complaint (Dkt. 12) be GRANTED, that
Plaintiffs’ Section 504 and ADA be dismissed for failure to state a claim, and that only Plaintiffs’
claims under the IDEA should proceed.
The court has made a de novo review of the objections raised by Plaintiffs (see Dkt. 30), as
well as Defendant’s response (see Dkt. 31), and is of the opinion that the findings and conclusions
of the Magistrate Judge are correct and the objections are without merit as to the ultimate findings
of the Magistrate Judge. The court hereby adopts the findings and conclusions of the Magistrate
Judge as the findings and conclusions of this court.

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Therefore, Defendant Lewisville Independent School District’s Motion to Dismiss Plaintiffs’
First Amended Original Complaint (Dkt. 12) is GRANTED, and Plaintiffs’ Section 504 and ADA
are dismissed for failure to state a claim. Only Plaintiffs’ claims under the IDEA shall proceed.
IT IS SO ORDERED.
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SIGNED this the 29th day of September, 2014.

_______________________________
RICHARD A. SCHELL
UNITED STATES DISTRICT JUDGE

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