Gaudino v. Stroudsburg Area School District

Justia Dockets & Filings Third Circuit Pennsylvania Middle District Gaudino v. Stroudsburg Area School District

Gaudino v. Stroudsburg Area School District

Plaintiff:	Christopher Gaudino
Defendant:	Stroudsburg Area School District
Case Number:	3:2012cv02159
Filed:	October 31, 2012
Court:	US District Court for the Middle District of Pennsylvania
Office:	Scranton Office
County:	Monroe
Presiding Judge:	A. Richard Caputo
Nature of Suit:	Civil Rights: Education
Cause of Action:	29 U.S.C. § 0794 Job Discrimination (Handicap)
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
July 23, 2013	Filing 16 ORDER granting in part and denying in part 4 Motion to Dismiss for Failure to State a Claim; granting in part and denying in part 4 Motion to Dismiss for Lack of Jurisdiction. 1. Defendants Motion to Dismiss (Doc. 4) Count I of Plaintiff Gaudi nos Complaint, Claim under §504 of the Rehabilitation Act, is DENIED. 2. Defendants Motion to Dismiss (Doc. 4) Count II of Plaintiff Gaudinos Complaint, Claim under Title II of the Americans with Disabilities Act, is DENIED. 3. Def endants Motion to Dismiss (Doc. 4) Count III of Plaintiff Gaudinos Complaint, Claim under Title IX of the Education Amendments of 1972, is DENIED. 4. Defendants Motion to Dismiss (Doc. 4) Count IV of Plaintiff Gaudinos Complaint, state law ne gligence claim, is GRANTED, and Plaintiffs negligence claim is DISMISSED WITH PREJUDICE. 5. Plaintiffs claims for punitive damages against Defendant under Title II of the ADA, § 504 of the Rehabilitation Act and Title IX, Counts I-III,are DISMISSED WITH PREJUDICE. Signed by Magistrate Judge Thomas M. Blewitt on 7/23/13 (ms)

Date Filed

Document Text

July 23, 2013

Filing 16 ORDER granting in part and denying in part 4 Motion to Dismiss for Failure to State a Claim; granting in part and denying in part 4 Motion to Dismiss for Lack of Jurisdiction. 1. Defendants Motion to Dismiss (Doc. 4) Count I of Plaintiff Gaudi nos Complaint, Claim under §504 of the Rehabilitation Act, is DENIED. 2. Defendants Motion to Dismiss (Doc. 4) Count II of Plaintiff Gaudinos Complaint, Claim under Title II of the Americans with Disabilities Act, is DENIED. 3. Def endants Motion to Dismiss (Doc. 4) Count III of Plaintiff Gaudinos Complaint, Claim under Title IX of the Education Amendments of 1972, is DENIED. 4. Defendants Motion to Dismiss (Doc. 4) Count IV of Plaintiff Gaudinos Complaint, state law ne gligence claim, is GRANTED, and Plaintiffs negligence claim is DISMISSED WITH PREJUDICE. 5. Plaintiffs claims for punitive damages against Defendant under Title II of the ADA, § 504 of the Rehabilitation Act and Title IX, Counts I-III,are DISMISSED WITH PREJUDICE. Signed by Magistrate Judge Thomas M. Blewitt on 7/23/13 (ms)

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Plaintiff: Christopher Gaudino
Represented By:	Thomas G. Wolpert
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Defendant: Stroudsburg Area School District
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