Markovich v. Panther Valley School District et al
| Kenneth Markovich |
| Panther Valley School District, R. Mickey Angst and Rosemary Porembo |
| 3:2013cv03096 |
| December 27, 2013 |
| US District Court for the Middle District of Pennsylvania |
| Scranton Office |
| Carbon |
| Malachy E Mannion |
| Employment |
| 42 U.S.C. ยง 1983 |
| Defendant |
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Filing
65
ORDER (memorandum filed previously as separate docket entry). IT IS HEREBY ORDERED THAT defendants PVSD and Porembo's motion for summary judgment, (Doc.55), is GRANTED as to Count II, the procedural due process claim. Judgment is entered in favo r of defendants PVSD and Porembo and against Markovich with respect to Count II. The court declines to exercise supplemental jurisdiction over plaintiff's remaining state law breach of contract claim, Count IV, and this claim is DISMISSED WITHOUT PREJUDICE. The Clerk of Court is directed to close this case.Signed by Honorable Malachy E Mannion on 7/6/15. (ga)
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Filing
47
AMENDED ORDER (amended memorandum filed previously as separate docket entry). AMENDED ORDERIn light of the memorandum issued this same day, IT IS HEREBY ORDERED THAT defendants PVSD and Porembo's motion to dismiss, (Doc. 12), is GRANTED IN PART and DENIED IN PART. The motion is GRANTED as to Count I, for discrimination under Title VII of the Civil Rights Act. Count I is DISMISSED with prejudice. The motion is DENIED as to Count II, the procedural due process claim. The motion is GRANTED as to Count III, the 5th and 14th amendment substantive due process claims, which are DISMISSED without prejudice. The motion is DENIED as to Count IV, the breach of contract claim. The motion is GRANTED as to Count VII, the enterprise liability claim, which is DISMISSED with prejudice. The claims against Porembo in her official capacity brought pursuant to §1983 are DISMISSED with prejudice. Plaintiff may amend his complaint to allege additional claims against PVSD and Porembo, provided he ha s a good fath basis to do so. Any such amendment must be filed on or before August 15, 2014.Defendant Angst's motion to dismiss, (Doc. 30), is GRANTED. Counts V, VI, and VIII, the claims against Angst, are DISMISSED with prejudice.Signed by Honorable Malachy E Mannion on 7/28/14. (bs)
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