Gaudino v. Stroudsburg Area School District
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|Date Filed||#||Document Text|
|July 23, 2013
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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