Smith v. Mid-Valley School District et al
| Tammy Smith |
| Mid-Valley School District and New Story Throop |
| 3:2018cv00478 |
| February 27, 2018 |
| US District Court for the Middle District of Pennsylvania |
| Scranton Office |
| Lackawanna |
| A. Richard Caputo |
| Other Civil Rights |
| 28 U.S.C. ยง 1441 |
| Both |
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Filing
38
ORDER (memorandum filed previously as separate docket entry). DefendantsMotion to Dismiss 31 is GRANTED in part and DENIED in part as follows:(A) Plaintiffs Fourteenth Amendment claim (Count I, Doc. 29) and Plaintiffsrequest for compensatory damage s under the Individuals with DisabilitiesEducation Act (Count III, Doc. 29) and the Rehabilitation Act (Count IV, Doc.29) are DISMISSED with prejudice; (B) Plaintiffs Individuals with Disabilities Education Act claim (Count III, Doc. 29), is DISMISSE D without prejudice; (C) Defendants Motion to Dismiss is DENIED in all other respects.(D) Plaintiff has twenty-one (21) days from the date of entry of this Order to file an amended complaint to properly state her claims. Failure to file within this time will result in the dismissal of these claims with prejudice.Signed by Honorable A. Richard Caputo on 11/19/19. (dw)
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Filing
28
ORDER (memorandum filed previously as separate docket entry). Defendants Motion to Dismiss (Smith v. Mid-Valley Sch. Dist., No. 3:19-cv-00064(Smith II), ECF No. 6) is GRANTED in part and DENIED in part as follows:(A) Plaintiffs Title IX claim (Count I, Smith II, ECF No. 1 (Doc. 1)),Fourteenth Amendment equal protection and process claims (Count II, Smith II, Doc. 1), and request for compensatory damages in Count IV of the Complaint (Smith II, Doc. 1) are DISMISSED without prejudice; (D) Plaintif f has twenty-one (21) days from the date of entry of this Order to file an amended complaint to properly state her claims. Failure to file within this time will result in the dismissal of these claims with prejudice. (E) Defendants Motion to Dismiss is DENIED in all other respects.Signed by Honorable A. Richard Caputo on 7/16/19. (dw)
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Filing
24
ORDER (memorandum filed previously as separate docket entry). 11 Defendant Mid-Valley School District's MOTION to Dismiss the Amended Complaint is GRANTED. Counts I, III, V and VIII are DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction. Signed by Honorable A. Richard Caputo on 6/22/18. (dw)
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