Opinion
Civil Action 23-0864
03-29-2024
SARAH NOLT, Plaintiff, v. CITY OF PHILADELPHIA, et al., Defendants.
ORDER
HON. KAI N. SCOTT UNITED STATES DISTRICT COURT JUDGE
AND NOW, this 29th day of March, 2024, upon consideration of Defendant Children's Choice's Motion to Dismiss Claims Brought By Plaintiff's Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(6) (ECF No. 22), Plaintiff's Response in Opposition to Defendant Children's Choice's Motion to Dismiss Claims Brought By Plaintiff's Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(6) (ECF No. 35), Reply in Support of Defendant Children's Choice's Motion to Dismiss Claims Brought By Plaintiff's Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(6) (ECF No. 37), Defendant Maranatha Christian School's Partial Motion to Dismiss Claims Brought By Plaintiff's Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(6) (ECF No. 36), Plaintiff's Response in Opposition to Defendant Maranatha Christian School's Partial Motion to Dismiss Claims Brought By Plaintiff's Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(6) (ECF No. 38), and Defendant Maranatha Christian School's Reply Brief in Support of Its Partial Motion to Dismiss Claims Brought By Plaintiff's Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(6) (ECF No. 41), it is hereby ORDERED as follows:
1. Defendant Children's Choice's motion to dismiss (ECF No. 22) is GRANTED.
2. The Plaintiff's claim brought against Children's Choice under 42 U.S.C. § 1983 is DISMISSED WITHOUT PREJUDICE. The plaintiff is granted leave to file an amended complaint to cure the deficiencies as to her § 1983 claim against Children's Choice no later than April 22, 2024.
3. The Plaintiff's claims for punitive damages against Children's Choice are DISMISSED WITH PREJUDICE.
4. Defendant Maranatha Christian School's Partial Motion to Dismiss Claims (ECF No. 36) is GRANTED. The plaintiff's claim for punitive damages against Maranatha is DISMISSED WITH PREJUDICE.