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Michele Vulcano Hall v. Easton Area School District

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


February 16, 2012

MICHELE VULCANO HALL PLAINTIFF,
v.
EASTON AREA SCHOOL DISTRICT, SUSAN MCGINLEY AND JOHN CASTROVINCI DEFENDANTS.

The opinion of the court was delivered by: Mitchell S. Goldberg, J.

ORDER

AND NOW, this 16th day of February, 2012, upon consideration of Defendants' "Motion to Dismiss First Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(1) and Fed. R. Civ. P. 12(b)(6)" (Doc. No. 7), Plaintiff's response in opposition, and Defendants reply thereto, and for reasons stated in the accompanying Memorandum Opinion, it is hereby ORDERED that Defendants' Motion is GRANTED in part and DENIED in part as follows:

- Plaintiff's requests for punitive damages in Counts I, II, and III are STRICKEN; - Counts IV and VII are DISMISSED;and - Count VI is DISMISSED to the extent that it asserts a procedural due process claim relating to Plaintiff's liberty interest in associating with her father, and to the extent that it alleges any substantive due process claim.

Plaintiff shall have fourteen days from the date of this Order to amend her Complaint as to Count V. Application for dismissal of Count V may be made if a timely amendment is not forthcoming within that time frame.

BY THE COURT:

Mitchell S. Goldberg

20120216

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