IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
September 30, 2011
EASTON AREA SCHOOL DISTRICT
AND NOW, this 30th day of September, 2011, upon consideration of plaintiff's complaint (docket entry # 1), defendant's answer to complaint (docket entry # 3), defendant's motion for summary judgment (docket entry # 18) and statement of material facts and exhibits thereto (docket entries # 19 and 20), plaintiff's memorandum in opposition to defendant's motion (docket entry # 22) and statement of material facts and exhibits thereto (docket entries # 23 and 24), and upon the analysis set forth in the accompanying Memorandum, it is hereby ORDERED that:
1. Defendant Easton Area School District's motion for summary judgment (docket entry # 18) is GRANTED IN PART;
2. Counts I and III of plaintiff Hightower's Complaint (docket entry # 1) are DISMISSED WITH PREJUDICE;
3. Count II of plaintiff's Complaint is DISMISSED WITH PREJUDICE insofar as it states the claims identified in the accompanying Memorandum;
4. Plaintiff's prayer for punitive damages under
Count II is DENIED;
5. In accordance with Loc. R. Civ. P. 72.1 and 28 U.S.C. § 636(b)(3), this case is REFERRED to the Hon. Jacob P. Hart to attempt to resolve this controversy, and the parties shall participate in good faith in accordance with Judge Hart's directions; and
6. Further scheduling shall abide the results of Judge Hart's mediation.
BY THE COURT:
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