Opinion
Civil Action 22-0014
11-04-2022
STUDENT DOE, et al., Plaintiffs, v. ABINGTON FRIENDS SCHOOL, Defendant.
ORDER
GERALD J. PAPPERT, J.
AND NOW, this 4th day of November 2022, upon consideration of Defendant's Motion to Dismiss (ECF 8), Plaintiffs' Response (EOF 10) and Defendant's Reply (EOF 11) and after holding oral argument on the Motion (ECF 13), it is hereby ORDERED that, for the reasons stated in the Oourt's Memorandum:
1. Defendant's Motion is GRANTED IN PART and DENIED IN PART. Plaintiffs' claims for intentional infliction of emotional distress and negligent infliction of emotional distress are DISMISSED with prejudice. The claim alleging violations of Title VI of the Civil Rights Act is DISMISSED without prejudice.
2. Defendant's Motion is DENIED in all other respects.
3. On or before Friday, December 2, 2022, Plaintiffs may file a Second Amended Complaint to allege facts sufficient to state a Title VI claim as well as that aspect of the breach of contract claim pertaining to the need to revise the Formal Education Plan in the ninth-grade year, consistent with the Oourt's Memorandum.
4. Defendant's request to strike punitive damages is DENIED as moot, as no remaining claims would entitle Plaintiffs to punitive damages. See Barnes v. Gorman, 536 U.S. 181, 189 (2002).