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Civil Rights: Education | Pennsylvania Western
Order on Motion to Dismiss for Failure to State a Claim Order on Motion to Strike
MEMORANDUM ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT HERMITAGE'S PARTIAL MOTION TO DISMISS/MOTION TO STRIKE (ECF No. 95 ), GRANTING DEFENDANT MIDWESTERN'S MOTION TO DISMISS (ECF No. 98 ), AND SETTING ANSWER DEADLINES. For the reasons as set forth herein, it is hereby ORDERED that Defendant Hermitage's Partial Motion to Dismiss/Motion to Strike, (ECF No. 95 ), will be GRANTED IN PART and DENIED IN PART. Plaintiff Nasierra Atwood's claims against Hermitage will be DISMISSED WITH PREJUDICE, and the Motion in all other respects will be DENIED. Defendant Midwestern's Motion to Dismiss, (ECF No. 98 ), will be GRANTED and the claims against it will be DISMISSED WITH PREJUDICE. Plaintiffs, having been given three prior chances to amend their original complaint and having been advised that any further effort at amendment would be "both futile and prejudicial," (ECF No. 86 ), will not be given further leave to amend, and the Court also concludes that any such efforts would be futile given the applicable law. Midwestern is no longer a Defendant in this case, and the caption will be amended accordingly. Answers under Rule 12(a) as to all remaining claims by all remaining Defendants who have yet to file an Answer shall be filed within thirty (30) days of the date of this Order. Signed by Judge Mark R. Hornak on 6/26/26. (bdb)
Update Answer Deadline
Update Answer Deadline: Answers under Rule 12(a) as to all remaining claims by all remaining Defendants who have yet to file an Answer shall be filed by 7/26/26. (bdb)
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