HAMILTON v. CITY SCHOOL DISTRICT OF PHILADELPHIA et al
| MARILYN HAMILTON |
| CITY SCHOOL DISTRICT OF PHILADELPHIA, JESSICA RAMOS, WILLIAM R. HITE, RACHEL HOLZMAN, CARL W. HOLMES, JR., DENNISE, STEARNE EMPLOYEE UNKNOWN BLACK FEMALE WOMAN WHO TRIED TO ASSAULT CHILD, ELIZABETH CORTEZ, MARCIA ROYE, STEARNE ELEMENTARY SOCIAL WORKER (NAME UNKNOWN) and TRUANCY DEPT AT PHILADELPHIAS & SUPERVISOR |
| 2:2016cv06579 |
| December 22, 2016 |
| US District Court for the Eastern District of Pennsylvania |
| Philadelphia Office |
| Philadelphia |
| GENE E.K. PRATTER |
| Other Statutory Actions |
| 28 U.S.C. ยง 1331 |
| None |
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Filing
59
ORDER THAT PLAINTIFFS MOTIONS FOR SUMMARY JUDGMENT ARE DENIED. DEFENDANTS MOTIONS FOR SUMMARY JUDGMENT ARE GRANTED SUCH THAT SUMMARY JUDGMENT IS ENTERED IN FAVOR OF DEFENDANTS SCHOOL DISTRICT OF PHILADELPHIA, WEBSTER ELEMENTARY, STEARNE ELEMENTARY, M RS. COLSTON, ELIZABETH CORTEZ, JENNA MONLEY, SHERRY WILLIAMS, ADAM BUCK, SECURITY GUARD DENNISE, NANCY DONLON, WILLIAM HITE, RACHEL HOLZMAN, SHERRI ARABIA, BYRON GOLSON, RHONDA MILLER, PAULINE COOPERSON, JESSICA RAMOS, AND MARCIA ROYE ON CLAIMS BROUG HT BY PLAINTIFF PURSUANT TO 42 U.S.C. § 1983, THE AMERICANS WITH DISABILITIES ACT, AND/OR THE REHABILITATION ACT IN THE ABOVE-CAPTIONED ACTIONS. TO THE EXTENT MS. HAMILTON SEEKS TO ASSERT CONSTITUTIONAL CLAIMS ON BEHALF OF S.R. IN THE ABOVE-CAPT IONED ACTIONS, SUCH CLAIMS ARE DISMISSED WITHOUT PREJUDICE. TO THE EXTENT MS. HAMILTON SEEKS TO ASSERT CLAIMS PURSUANT TO THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT IN THE ABOVE-CAPTIONED ACTIONS, SUCH CLAIMS ARE DISMISSED WITHOUT PREJUDICE. DEF ENDANTS MOTION TO DISMISS DOCKETED IN CIVIL ACTION NO. 17-970 AT DOCKET NUMBER 13 IS DEEMED MOOT. THE CLERK OF COURT SHALL CLOSE CIVIL ACTION NUMBERS 16-6579 AND 17-970 FOR ALL PURPOSES INCLUDING STATISTICS. IT IS FURTHER ORDERED THAT: THE U.S. MARSH AL SHALL MAIL A FORM USM-285 TO PLAINTIFF NO LATER THAN SEVEN (7) DAYS FROM THE DATE THIS ORDER APPEARS ON THE PUBLIC DOCKET. PLAINTIFF SHALL HAVE FOURTEEN (14) DAYS FROM RECEIPT OF FORM USM-285 TO PROVIDE THE U.S. MARSHAL WITH ALL OF THE INFORMATION NECESSARY TO PERMIT THE MARSHAL TO SERVE DEFENDANT CARL W. HOLMES, JR. IN CIVIL ACTION 16-5602. ABSENT GOOD CAUSE SHOWN BY PLAINTIFF, IF PROOF OF SERVICE ON DEFENDANT CARL W. HOLMES, JR. DOES NOT APPEAR ON THE DOCKET BY NOVEMBER 3, 2017, THE COURT W ILL DISMISS DEFENDANT HOLMES FROM CIVIL ACTION NO. 16-5602 WITHOUT PREJUDICE PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 4(M). ALL DATES CONTAINED IN THE COURTS JULY 13, 2017 SCHEDULING ORDER, SEE CIVIL ACTION NO. 16-5602, DOC. NO. 47, ARE SUSPENDED UNTIL FURTHER NOTICE BY THE COURT. ETC. SIGNED BY HONORABLE GENE E.K. PRATTER ON 8/21/17. 8/24/17 ENTERED AND COPIES MAILED TO PRO SE, E-MAILED.(sg, ) (Main Document 59 replaced on 8/24/2017) (sg, ).
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