IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
June 30, 2011
CARROLL DURRELL, PARENT AND EDUCATIONAL
DECISION MAKER FOR S.H., ET AL.
LOWER MERION SCHOOL DISTRICT
The opinion of the court was delivered by: Harvey Bartle III J.
AND NOW, this 30th day of June, 2011, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that:
(1) the motion of defendant to dismiss Count I of the complaint, incorrectly denominated a motion to dismiss for lack of subject matter jurisdiction under Rule 12(b)(1) of the Federal Rules of Civil Procedure, is GRANTED for failure to state a claim under Rule 12(b)(6); and (2) the motion of defendant to dismiss the complaint is otherwise DENIED.
BY THE COURT:
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