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Kobrick v. Stevens

United States District Court, M.D. Pennsylvania

September 30, 2014

ALEXANDRA KOBRICK, Plaintiff
v.
MATTHEW STEVENS, LAKELAND SCHOOL DISTRICT, WESTERN WAYNE SCHOOL DISTRICT, DR. MARGARET BILLINGS-JONES, THOMAS KAMEROSKI, ANDREW FALONK, and PATRICK SHEEHAN, Defendants

ORDER

MALACHY E. MANNION, District Judge.

In light of the memorandum issued this same day, IT IS HEREBY ORDERED THAT:

(1) defendant Stevens's motion to dismiss, (Doc. 32), is GRANTED IN PART AND DENIED IN PART as follows:
(a) defendant Stevens's motion to dismiss is GRANTED with respect to the Fourth Amendment claim in Count One of the plaintiff's complaint; the Pennsylvania Constitution claim in Count Eight; and the Sexual and Simple Assault claim in Count Ten.
(b) defendant Stevens's motion to dismiss is DENIED in all other respects.
(2) the Western Wayne defendants' motion to dismiss, (Doc. 16), is GRANTED IN PART AND DENIED IN PART as follows:
(a) the Western Wayne defendants' motion to dismiss is GRANTED with respect to the Fourth Amendment claim in Count Six; the Title IX claim against defendants Falonk and Sheehan in Count Seven; the Pennsylvania Constitution claim in Count Eight; the Sexual and Simple Assault claim in Count Ten; the Negligence claim in Count Thirteen; the IIED claim in Count Fourteen against the Western Wayne School District and defendant Falonk; and the claim for punitive damages against the Western Wayne School District and defendant Falonk;
(b) the Western Wayne defendants' motion to dismiss is DENIED in all other respects.
(3) the Lakeland defendants' motion to dismiss, (Doc. 18), is GRANTED IN PART AND DENIED IN PART as follows:
(a) the Lakeland defendants' motion to dismiss is GRANTED with respect to the state law claims in Counts Nine, Ten, Eleven, Twelve and Fourteen against defendant Billing-Jones; the state law claims in Counts Nine, Ten, Eleven, Twelve and Fourteen against defendant Lakeland School District; the state law claims in Counts Nine, Eleven and Twelve against defendant Kameroski; the Fourth Amendment claim in Count Four; the Title IX claim against defendants Billings-Jones and Kameroski in Count Five; the Pennsylvania Constitution claim in Count Eight; the Sexual and Simple Assault claim in Count Ten; the IIED claim in Count Fourteen against defendants Lakeland School District and Billings-Jones in Count Fourteen; and the punitive damages claim against defendants Lakeland School District and Billings-Jones;
(b) the Lakeland defendants' motion to dismiss is DENIED in all other respects.

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