Opinion
Civil Action No. 00-0202-BH-C
June 16, 2000
ORDER
This action is before the Court on a second motion to dismiss (Doc. 9) filed by the named defendants. The defendants seek the dismissal of the "that count of the Complaint . . . alleging a violation of the Family and Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g. pursuant to 42 U.S.C. § 1983." See, Complaint at Count III, pp. 8-10.
The plaintiffs were required, pursuant to the Court's Order of May 5, 2000, to respond to this motion by May 22, 2000 (Doc. 11). Plaintiffs have neither responded nor requested an extension of time within which to comply with the Court's Order. The plaintiffs have, therefore, offered no opposition or objection to the motion and it shall be granted as uncontested.
Accordingly, for the reasons stated in the defendants' accompanying brief (Doc. 10), it is ORDERED that defendants' motion to dismiss Count III of the Complaint be and is hereby GRANTED. The Court notes that the remaining claims all appear to be State law claims over which this Court has no jurisdiction in light of plaintiffs failure to assert a viable federal law claim. Although no motion to dismiss these claims has been filed, the Court has an independent duty to consider, even sua sponte, whether federal jurisdiction exists over the cause submitted. It is therefore FURTHER ORDERED that the plaintiffs SHOW CAUSE in writing on or before July 6, 2000, why their remaining claims in Counts I, II, IV, V and VI ought not to be dismissed for lack of jurisdiction. The Court shall take this matter under advisement on July 7, 2000. PLAINTIFFS ARE HEREBY CAUTIONED THAT, IF THEY FAIL TO RESPOND TO THIS ORDER OR ADEQUATELY DEMONSTRATE THAT THIS COURT HAS THE REQUISITE JURISDICTION, THE ACTION SHALL BE DISMISSED FOR LACK OF JURISDICTION AND/OR FOR WANT OF PROSECUTION AND FAILURE TO COMPLY WITH THE COURT'S ORDERS.
In addition to their FERPA claim, plaintiffs assert the following claims: Count I-Negligence; Count II-Willful, Wanton and Reckless Conduct; Count IV-Negligent Supervision and Control; Count V-Invasion of Privacy; and Count VI-Breach of Contract.