Memphis St. Acad. Charter Sch. v. Sch. Dist. of Phila.

Full title: MEMPHIS STREET ACADEMY CHARTER SCHOOL AT J.P. JONES et al, Plaintiffs, v…

Court: United States District Court, E.D. Pennsylvania

Date published: Nov 29, 2022

Civil Action 22-02760 (E.D. Pa. Nov. 29, 2022)

Opinion

Civil Action 22-02760

11-29-2022

MEMPHIS STREET ACADEMY CHARTER SCHOOL AT J.P. JONES et al, Plaintiffs, v. SCHOOL DISTRICT OF PHILADELPHIA et al, Defendants.

CHAD F. KENNEY, JUDGE

ORDER

CHAD F. KENNEY, JUDGE

AND NOW, on this 29^th day of November 2022, upon consideration of Defendants' Motion to Dismiss for Failure to State a Claim (ECF No. 13), Plaintiffs' Response in Opposition (ECF No. 16), Defendants' Reply (ECF No. 28), and Plaintiffs' Sur-Reply (ECF No. 29), it is hereby ORDERED that the Motion is GRANTED as follows:

1. The claims brought against the individual Defendants¹ in their official capacities, which both parties agree are redundant, are DISMISSED WITH PREJUDICE;

2. The claims brought against the individual Defendants in their individual capacities, which Plaintiffs conceded lack specificity, are DISMISSED WITHOUT PREJUDICE;

3. The Constitutional claims brought by Plaintiff Memphis Street Academy Charter School at J.P. Jones pursuant to 42 U.S.C. § 1983 against Defendant School District of Philadelphia are DISMISSED WITH PREJUDICE;

4. The remaining claims fail to meet the plausibility pleading requirements and are DISMISSED WITHOUT PREJUDICE.

5. Plaintiffs must submit their Amended Complaint, if any, by Wednesday, November 29, 2023.

1 The individual Defendants are Tony B. Watlington, Joyce Wilkerson, Leticia Egea-Hinton, Julia Danzy, Chau Wing Lam, Mallory Fix Lopez, Lisa Salley, Reginald Streater, Cecelia Thompson, Peng Chao, and Sarah Ashley-Andrews.

BY THE COURT: