Cuvo et al v. Pocono Mountain School District et al
| Robert Cuvo and Lisa Cuvo |
| Pocono Mountain School District, William Hantz, Josh Haines and Michael Hollar |
| 3:2018cv01210 |
| June 14, 2018 |
| US District Court for the Middle District of Pennsylvania |
| Scranton Office |
| Monroe |
| Susan E. Schwab |
| Robert D. Mariani |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
66
MEMORANDUM (Order to follow as separate docket entry) re 58 MOTION for Summary Judgment filed by Michael Hollar, Pocono Mountain School District, William Hantz, Josh Haines. For the foregoing reasons, we will grant summary judgm ent in favor of the defendants and against the plaintiffs with respect to their § 1983 state-created danger due process claim, set forth in Count I of the second amended complaint, and we will dismiss the plaintiffs supplemental state-law tort claims, set forth in Counts IV and V of the second amended complaint, without prejudice pursuant to 28 U.S.C. § 1367(c)(3).An appropriate order follows. Signed by Magistrate Judge Joseph F. Saporito, Jr on 3/21/22. (ms)
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Filing
38
ORDER (memorandum filed previously as separate docket entry).In accordance with the accompanying Memorandum, IT IS HEREBY ORDERED THAT:1.The defendants motion to dismiss (Doc. 29) is GRANTED in part and DENIED in part;2.Count II of the amended compla int is DISMISSED as duplicative of Count I;3.The motion to dismiss with respect to the plaintiffs § 1983 claims against the individual defendants (Count I) is DENIED;4.The plaintiffs § 1983 claims against the school district (Counts I and III) are DISMISSED for failure to state a claim pursuant to Fed. R. Civ. P. 12(b)(6);5.The plaintiffs state law claims (Counts IV and V) are permitted to proceed against all defendants; and 6.The plaintiffs punitive damages claims against defendants Haines, and Hollar in his official capacity, are dismissed for failure to state a claim pursuant to Fed. R. Civ. P. 12(b)(6).Signed by Magistrate Judge Joseph F. Saporito, Jr on 12/23/19. (ms)
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Filing
26
ORDER (memorandum filed previously as separate docket entry). In accordance with the accompanying Memorandum, IT IS HEREBY ORDERED THAT:1.The defendants motion to dismiss (Doc. 14) is GRANTED in part and DENIED in part;2.Count II of the amended com plaint is DISMISSED as duplicative of Count I;3.The plaintiffs § 1983 claims against the individual defendants (Count I) are DISMISSED on qualified immunity grounds;4.The plaintiffs § 1983 claims against the school district (Counts I and II I) are DISMISSED for failure to state a claim pursuant to Fed. R. Civ. P. 12(b)(6);5.The plaintiffs state law claims (Counts IV and V) are permitted to proceed against all defendants; 6.All claims brought on behalf of Robert Cuvo and Lisa Cuvo in the ir personal capacities are DISMISSED; 7.The plaintiffs punitive damages claims against defendants Haines, and Hollar in his official capacity, are dismissed for failure to state a claim pursuant to Fed. R. Civ. P. 12(b)(6);8.The plaintiffs are GRANTED leave to file a second amended complaint within twenty-one (21) days of the date of this order. Signed by Magistrate Judge Joseph F. Saporito, Jr on 3/29/19. (ms)
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