A. S. v. WILLIAM PENN SCHOOL DISTRICT, 13-2312. (2014)
Court: District Court, E.D. Pennsylvania
Number: infdco20140414a56
Visitors: 2
Filed: Apr. 11, 2014
Latest Update: Apr. 11, 2014
Summary: ORDER EDUARDO C. ROBRENO, District Judge. AND NOW, this 10th day of April, 2014, for the reasons set forth in the accompanying memorandum, it is hereby ORDERED as follows: (1) Defendant's Motion to Dismiss (ECF No. 10), which the Court has treated as a Motion for Summary Judgment in accordance with Federal Rule of Civil Procedure 12(d), is GRANTED; (2) Defendant's Motion to Strike (ECF No. 10) is DENIED as moot; (3) Plaintiffs' Motion for Extension of Time (ECF No. 23) is GRANT
Summary: ORDER EDUARDO C. ROBRENO, District Judge. AND NOW, this 10th day of April, 2014, for the reasons set forth in the accompanying memorandum, it is hereby ORDERED as follows: (1) Defendant's Motion to Dismiss (ECF No. 10), which the Court has treated as a Motion for Summary Judgment in accordance with Federal Rule of Civil Procedure 12(d), is GRANTED; (2) Defendant's Motion to Strike (ECF No. 10) is DENIED as moot; (3) Plaintiffs' Motion for Extension of Time (ECF No. 23) is GRANTE..
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ORDER
EDUARDO C. ROBRENO, District Judge.
AND NOW, this 10th day of April, 2014, for the reasons set forth in the accompanying memorandum, it is hereby ORDERED as follows:
(1) Defendant's Motion to Dismiss (ECF No. 10), which the Court has treated as a Motion for Summary Judgment in accordance with Federal Rule of Civil Procedure 12(d), is GRANTED;
(2) Defendant's Motion to Strike (ECF No. 10) is DENIED as moot;
(3) Plaintiffs' Motion for Extension of Time (ECF No. 23) is GRANTED nunc pro tunc;
(4) Plaintiffs' Motion to Amend Reply (ECF No. 31) is GRANTED;
(5) Plaintiffs' substantive claims under the IDEA are DISMISSED without prejudice for failure to exhaust;
(6) Plaintiffs' due process and procedural IDEA claims regarding the due process hearing held on January 23, 2013, are DISMISSED with prejudice; and
(7) The clerk shall mark the case closed.
It is further ordered that Defendant's Motion for Sanctions (ECF No. 15) is DENIED.
AND IT IS SO ORDERED.
Source: Leagle
