N.M. et al v. Wyoming Valley West School District
||N.M. and C.F.
||Wyoming Valley West School District
||August 13, 2015
||US District Court for the Middle District of Pennsylvania
||Robert D. Mariani
|Nature of Suit:
||Civil Rights: Education
|Cause of Action:
|Jury Demanded By:
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|May 11, 2016
ORDER 1. Defendant's motion to dismiss Plaintiffs appeal from the August 3,2015 decision of the administrative hearing officer, Counts II, III, and IV, is DENIED. 2. Defendant's motion to dismiss Count I alleging aclaim under Section 504 of the Rehabilitation Act is DENIED. 3. Defendant's motion to dismiss Count Valleging a claim under the American With Disabilities Act is DENIED. 4. Defendant's motion to dismiss Counts VI and VII is GRANTED. Plaintiffs Section 1983 claims a re DISMISSED WITHOUT PREJUDICE. 5. Defendant's motion to dismiss Count VIII is DENIED. 6. Plaintiffs request for an order permitting it to supplement the administrative record is GRANTED. 7. IT IS HEREBY ORDERED THAT 14 days from the date of thi s Order Plaintiff shall submit to the Court the certified administrative record. 8. Plaintiff is HEREBY GRANTED 14 days from the date of this Order to file an Amended Complaint as to Counts VI and VII. 9. The Court HEREBY DIRECTS the participate in a telephone conference to discuss case management and all outstanding issues on Tuesday May 17, 2016 at 11:OO AM. It shall be the responsibility of Plaintiff to arrange the call to Chambers at (570) 207-5750 and all parties shall be prepared to proceed before the undersigned is contacted.Signed by Honorable Robert D. Mariani on 5/11/16. (jfg)
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