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Butler v. Mountain View School District

United States District Court, Third Circuit

August 26, 2013

JEFFREY BUTLER, as Administrator of the Estate of Aleshia Butler, the decedent, Plaintiff
v.
MOUNTAIN VIEW SCHOOL DISTRICT, Defendant

ORDER

MALACHY E. MANNION, District Judge.

Pending before the court is the defendant's motion to dismiss. (Doc. No. 8). For the reasons stated in the Memorandum of this date, IT IS HEREBY ORDERED THAT the defendant's motion to dismiss is GRANTED as follows:

(1) Counts 1, 4 and 5 are DISMISSED WITH PREJUDICE;
(2) Counts 2 and 3 are DISMISSED WITHOUT PREJUDICE;
(3) The plaintiff may file an amended complaint with respect to Counts 2 and 3 on or before September 9, 2013.

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