Filed: Dec. 19, 2019
Latest Update: Dec. 19, 2019
Summary: ORDER HARVEY BARTLE, III , District Judge . AND NOW, this 19th day of December, 2019, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that: (1) the motions of defendants to strike and/or to dismiss, in part, plaintiffs' complaint, and to sever (Docs. ## 12, 43, 46, 47, and 48) are GRANTED in part and DENIED in part; (2) the motion of defendants Glen Mills Schools and Randy Ireson to strike and dismiss class action allegations (Doc. # 46) is DENIED without p
Summary: ORDER HARVEY BARTLE, III , District Judge . AND NOW, this 19th day of December, 2019, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that: (1) the motions of defendants to strike and/or to dismiss, in part, plaintiffs' complaint, and to sever (Docs. ## 12, 43, 46, 47, and 48) are GRANTED in part and DENIED in part; (2) the motion of defendants Glen Mills Schools and Randy Ireson to strike and dismiss class action allegations (Doc. # 46) is DENIED without pr..
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ORDER
HARVEY BARTLE, III, District Judge.
AND NOW, this 19th day of December, 2019, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that:
(1) the motions of defendants to strike and/or to dismiss, in part, plaintiffs' complaint, and to sever (Docs. ## 12, 43, 46, 47, and 48) are GRANTED in part and DENIED in part;
(2) the motion of defendants Glen Mills Schools and Randy Ireson to strike and dismiss class action allegations (Doc. # 46) is DENIED without prejudice as to plaintiffs' class action allegations seeking monetary relief under Rule 23(b)(3) of the Federal Rules of Civil Procedure;
(3) the motion of defendants Glen Mills Schools and Randy Ireson to strike and dismiss class action allegations as to them (Doc. # 46) is GRANTED as to plaintiffs' class action allegations seeking declaratory and injunctive relief under Rule 23(b)(2) of the Federal Rules of Civil Procedure;
(4) the motions of defendants to dismiss plaintiffs' claims under 42 U.S.C. § 1983 in Counts One, Two, Twelve, Fourteen, Sixteen, and Eighteen of the complaint (Docs. ## 43, 46, 47, 48) are GRANTED to the extent that plaintiffs allege violations of their rights under the due process clause of the Fourteenth Amendment to the United States Constitution;
(5) the motions of defendants are otherwise DENIED; and
(6) the motion of plaintiffs for leave to file a surreply (Doc. # 58) is GRANTED.
