N.M. v. WYOMING VALLEY WEST SCHOOL DISTRICT, 3:15-CV-01585. (2016)
Court: District Court, M.D. Pennsylvania
Number: infdco20160512c07
Visitors: 6
Filed: May 11, 2016
Latest Update: May 11, 2016
Summary: ORDER ROBERT D. MARIANI , District Judge . AND NOW, THIS 11th DAY OF MAY 2016, upon consideration of Defendant Wyoming Valley West School District's Motion to Dismiss Plaintiffs Complaint for failure to state a claim, (Doc. 6), all accompanying briefs, and for the reasons set forth in the accompanying memorandum opinion, IT IS HEREBY ORDERED THAT the Defendant's motion is GRANTED IN PART AND DENIED IN PART; to wit: 1. Defendant's motion to dismiss Plaintiffs appeal from the Au
Summary: ORDER ROBERT D. MARIANI , District Judge . AND NOW, THIS 11th DAY OF MAY 2016, upon consideration of Defendant Wyoming Valley West School District's Motion to Dismiss Plaintiffs Complaint for failure to state a claim, (Doc. 6), all accompanying briefs, and for the reasons set forth in the accompanying memorandum opinion, IT IS HEREBY ORDERED THAT the Defendant's motion is GRANTED IN PART AND DENIED IN PART; to wit: 1. Defendant's motion to dismiss Plaintiffs appeal from the Aug..
More
ORDER
ROBERT D. MARIANI, District Judge.
AND NOW, THIS 11th DAY OF MAY 2016, upon consideration of
Defendant Wyoming Valley West School District's Motion to Dismiss Plaintiffs Complaint for failure to state a claim, (Doc. 6), all accompanying briefs, and for the reasons set forth in the accompanying memorandum opinion, IT IS HEREBY ORDERED THAT the Defendant's motion is GRANTED IN PART AND DENIED IN PART; to wit:
1. Defendant's motion to dismiss Plaintiffs appeal from the August 3, 2015 decision of the administrative hearing officer, Counts II, III, and IV, is DENIED.
2. Defendant's motion to dismiss Count I alleging a claim under Section 504 of the Rehabilitation Act is DENIED.
3. Defendant's motion to dismiss Count Valleging a claim under the American With Disabilities Act is DENIED.
4. Defendant's motion to dismiss Counts VI and VII is GRANTED. Plaintiffs Section 1983 claims are DISMISSED WITHOUT PREJUDICE.
5. Defendant's motion to dismiss Count VIII is DENIED.
6. Plaintiffs request for an order permitting it to supplement the administrative record is GRANTED.
7. IT IS HEREBY ORDERED THAT 14 days from the date of this Order Plaintiff shall submit to the Court the certified administrative record.
8. Plaintiff is HEREBY GRANTED 14 days from the date of this Order to file an Amended Complaint as to Counts VI and VII.
9. The Court HEREBY DIRECTS the participate in a telephone conference to discuss case management and all outstanding issues on Tuesday May 17, 2016 at 11:00 AM. It shall be the responsibility of Plaintiff to arrange the call to Chambers at (570) 207-5750 and all parties shall be prepared to proceed before the undersigned is contacted.
Source: Leagle
