Opinion
Civil Action No. 13-720
12-09-2013
A.Z., a minor, et al., Plaintiffs, v. THE GATEWAY SCHOOL DISTRICT, et al., Defendants.
Judge Cathy Bissoon
ORDER
Plaintiff's Response (Doc. 23) to the Order to Show Cause (Doc. 18) fails to demonstrate why this Court should disregard the Court of Appeals for the Third Circuit's conclusion that a parent may not bring claims, pro se, on behalf of his or her minor child. See Woodruff v. Hamilton Twp. Public Sch., 305 Fed. Appx. 833, 836, 2009 WL 105750, *2 (3d Cir. Jan. 15, 2009) (parent's rights under IDEA "do[] not translate into a broad right to pursue any statutory or common law claims on a child's behalf") (citation omitted). Simply put, "[w]ith the exception of an IDEA action on their own behalf, [parents] may not represent [their children, pro se,] in the federal courts in this [C]ircuit." Id.
Consistent with the foregoing, the Court hereby DISMISSES all claims purportedly asserted by Plaintiff's minor child, "A.Z.," and he will be terminated as a party to this lawsuit. As the Court already has advised, however, the instant ruling has no bearing on Plaintiff's assertion of IDEA rights on her own behalf. See Order dated Nov. 26, 2013 (Doc. 20) at 1 (under Winkelman, parents enjoy independent rights under IDEA, and they are entitled to prosecute those rights pro se).
Additionally, Plaintiff has failed to show cause why she should be referred to in this case by her initials, as opposed to her name. Although protecting the identity of a minor child is appropriate under Local Rule 5.2.D.2, those protections do not extend to Plaintiff, an adult.
The Court further notes that Plaintiff's first and last name already appear in the record, and it was Plaintiff herself who put them there (albeit, by necessity). See Compl. (Doc. 1-1) at signature line and Doc. 1-2 (Civil Cover Sheet) (identifying Plaintiff's name).
Consistent with the foregoing, Plaintiff "A.Z." will be removed from the docket, and the Clerk shall amend the caption to read: "Sharon Zilberman, Plaintiff, v. The Gateway School District, et al., Defendants."
IT IS SO ORDERED.
____________________________
Cathy Bissoon
United States District Judge
cc (via First-Class U.S. Mail): Sharon Zilberman
187 Kelvington Drive
Monroeville, PA 15146
cc (via ECF email notification): All Counsel of Record