Pearl River Union Free School District v. Duncan et al
| Pearl River Union Free School District |
| Arce Duncan and United States Department of Education, Office for Civil Rights |
| 7:2012cv02938 |
| April 13, 2012 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Rockland |
| Kenneth M. Karas |
| Other Statutory Actions |
| 05 U.S.C. ยง 0701 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
63
OPINION & ORDER. Defendants' Motion To Dismiss is granted. The Clerk is respectfully directed to terminate the pending Motion, (see Dkt. No. 49), and to close this case. SO ORDERED. (Signed by Judge Kenneth M. Karas on 10/5/16) (yv)
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Filing
57
AMENDED OPINION AND ORDER re: 49 MOTION to Dismiss the Second Amended Complaint. filed by United States Department of Education, Office for Civil Rights, Arce Duncan. For the reasons given herein, the Court finds that Plaintiff has s tanding, but that the APA precludes this Court's review of Plaintiff's APA claims, as OCR's issuance of the Letter of Findings was not a final agency action, and no exception to the APA's finality requirement applies. However, b ecause this result was dictated in part by deficiencies in Plaintiff's Amended Complaint, Plaintiff will be given one final opportunity to amend. Should it choose to file a Second Amended Complaint, Plaintiff must do so within 30 days of the issuance of this Opinion. Should Plaintiff fail to do so, the Court will dismiss its APA claims with prejudice. Accordingly, Defendants' Motion To Dismiss is granted. The Clerk is respectfully directed to terminate the pending Motion. (See Dkt. No. 30.) (Signed by Judge Kenneth M. Karas on 4/23/2015) (rj)
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Filing
37
OPINION AND ORDER: the Court finds that Plaintiff has standing, but that the APA precludes this Court's review of Plaintiff's APA claims, as OCR's issuance of the Letter of Findings was not a final agency action, and no exception to the APA's finality requirement applies. However, because this result was dictated in part by deficiencies in Plaintiff's Amended Complaint, Plaintiff will be given one final opportunity to amend. Should it choose to file a Second Ame nded Complaint, Plaintiff must do so within 30 days of the issuance of this Opinion. Should Plaintiff fail to do so, the Court will dismiss its APA claims with prejudice. Accordingly, Defendants' Motion To Dismiss is granted. The Clerk is respectfully directed to terminate the pending Motion. (See Dkt. No. 30.) SO ORDERED. (Signed by Judge Kenneth M. Karas on 9/5/2014) (lnl)
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