M.A. v. New York City Department of Education et al
| M.A. |
| New York City Department of Education, Michael Bloomberg, Joel Klein, Susan Rappaport, Claudine Cassan-Jellison, Katrina Choi, Gina Demetrious and Elizabeth "Doe |
| 1:2010cv03646 |
| May 4, 2010 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Deborah A. Batts |
| Other Civil Rights |
| 29 U.S.C. ยง 0794 |
| None |
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Filing
88
ADOPTION OF REPORT AND RECOMMENDATION for 83 Report and Recommendations, 61 Motion for Summary Judgment filed by Michael Bloomberg, Gina Demetrious, Katrina Choi, Claudine Cassan-Jellison, New York City Department of Education, Joel Klein, Susan Rappaport: Having conducted the appropriate levels of review of the Report and Recommendation of United States Magistrate Judge Michael H. Dolinger, dated September 5, 2013, the Court APPROVES, ADOPTS, and RATIFIES the Report in its entirety. Defenda nts' Motion for Summary Judgment is GRANTED. Accordingly, this Court finds (1) Plaintiffs' federal law claims premised on abuse and failure to report abuse are dismissed with prejudice; (2) Plaintiff's federal law claims concerning W.A .'s involved in mainstream classroom activities, purported efforts to remove services, the availability of her assistive communication devise, the sufficiency of the September 2008 CSE meeting, and the DOE's initial non-disclosure of its in ternal investigatory report are dismissed without prejudice for lack of exhaustion; and (3) Plaintiffs' state law claims are dismissed without prejudice because this Court declines to exercise supplemental jurisdiction. The Clerk of the Court is directed to close the docket in this case. (Signed by Judge Deborah A. Batts on 2/25/2014) (tn)
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