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K.A., A Minor, By Her Guardians and Natural Parents v. : Upper Perkiomen School District

IN THE UNITED STATES DISTRICT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


June 21, 2012

K.A., A MINOR, BY HER GUARDIANS AND NATURAL PARENTS, JENNIFER ALLEBACH AND BRIAN ALLEBACH, PLAINTIFFS,
v.
: UPPER PERKIOMEN SCHOOL DISTRICT, DUANE WICKARD, IN HIS INDIVIDUAL CAPACITY AND AS AN AGENT OF THE UPPER PERKIOMEN SCHOOL DISTRICT EDUCATION CENTER, ARTHUR VIGILANTE, IN HIS INDIVIDUAL CAPACITY AND AS AN AGENT OF THE UPPER PERKIOMEN SCHOOL DISTRICT EDUCATION CENTER, AND TIMOTHY KIRBY PH.D., IN HIS INDIVIDUAL CAPACITY AND AS AN AGENT OF THE UPPER PERKIOMEN SCHOOL DISTRICT EDUCATION CENTER, DEFENDANTS.

The opinion of the court was delivered by: Jan E. Dubois, J.

ORDER

AND NOW, this 21st day of June, 2012, upon consideration of Defendants' Motion to Dismiss Counts V, VI, VII, VIII, IX, X, XI, XII, XIII, XIV, XV, XVI of Plaintiffs' Complaint (Document No. 11), and K.A.,'s Response to Defendants' Motion to Dismiss (Document No. 12), and after review of the Report and Recommendation of United States Magistrate Judge M. Faith Angell dated March 12, 2012 (Document No. 24), and Defendants' Objections to the Report and Recommendation of the United States Magistrate (Document No. 25), for the reasons set forth in the Memorandum dated June 21, 2012, IT IS ORDERED:

1. The Report and Recommendation of United States Magistrate Judge M. Faith Angell dated March 12, 2012, is APPROVED and ADOPTED;

2. Defendants' Motion to Dismiss is DENIED as to Counts V, VI, VII, VIII, IX and X of K.A.,'s Complaint; and,

3. Defendants' Motion to Dismiss is GRANTED as to Counts XI, XII, XIII, XIV, XV, and XVI of K.A.,'s Complaint, by consent of counsel.

BY THE COURT:

Jan E. DuBois

20120621

© 1992-2012 VersusLaw Inc.



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