Mosser v. McWilliams

Full title: KORI MOSSER and PAUL MOSSER, individually and as parents and natural…

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

Date published: Oct 3, 2023

5:23-cv-1785 (E.D. Pa. Oct. 3, 2023)

Opinion

5:23-cv-1785

10-03-2023

KORI MOSSER and PAUL MOSSER, individually and as parents and natural guardians of K.M. a minor, Plaintiffs, v. LAURI MCWILLIAMS, JAMES SCHNYDERITE, MATTHEW LINK, NORTHERN LEHIGH SCHOOL DISTRICT, JOHN DOES I-V, Defendants.

JOSEPH F. LEESON, JR. UNITED STATES DISTRICT JUDGE

ORDER

JOSEPH F. LEESON, JR. UNITED STATES DISTRICT JUDGE

AND NOW, this 3^rd day of October, 2023, for the reasons set forth in the Opinion issued this date, It is ordered that:

1. The Motion to Dismiss, see ECF No. 9, is Granted in part and denied in part as follows:

A. Count I is Dismissed with prejudice as to Lauri McWilliams and Northern Lehigh School District;

B. Count I is Dismissed without prejudice as to James Schnyderite, Matthew Link, and John Does I-V;

C. Count II is Dismissed with prejudice as to James Schnyderite and Matthew Link;

D. Count II is Dismissed without prejudice as to Northern Lehigh School District;

E. Count III is Dismissed with prejudice as to Northern Lehigh School District;

F. Count III is Dismissed without prejudice as to Lauri McWilliams, James Schnyderite, Matthew Link, and John Does I-V;

G. The motion to dismiss Counts IV and V is Denied without prejudice.

2. Within twenty (20) days of the date of this Order, Plaintiffs may file an amended complaint as to any claims dismissed without prejudice.

3. If Plaintiffs do not timely file an amended complaint, the remaining state law claims will be dismissed for lack of jurisdiction and without prejudice to an action to be filed in state court, and the above-captioned action will be closed.