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J.T. v. Dumont Public Schools et al.

UNITED STATES DISTRICT COURT, DISTRICT OF NEW JERSEY

: Civ. No. 09-4969 (MAH)

v. : ORDER ____________________________________:

This matter having come before the Court on Defendants’ motion for summary judgment filed on September 28, 2011 (ECF No. 197), and Plaintiffs’ cross-motions to strike certain defenses and for partial judgment on the pleadings filed on September 28, 2011 (ECF No. 198);

and the Court having considered all papers submitted in support of, and in opposition to, the motions;

and for the reasons set forth in an Opinion filed in this matter on the same date;

and for good cause shown;

IT IS on this 28th day of March, 2012,

ORDERED that Defendants’ motion for summary judgment is granted on Plaintiffs’ claims under the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., and the Rehabilitation Act, 29 U.S.C. § 794; and it is further

ORDERED that Plaintiffs’ claims under the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., and the Rehabilitation Act, 29 U.S.C. § 794 are dismissed with prejudice; and it is further 2

ORDERED that Plaintiffs’ claim under the New Jersey Law Against Discrimination, N.J. Stat. Ann. § 10:5-1 et seq., is dismissed without prejudice for lack of subject matter jurisdiction; and it is further

ORDERED that Plaintiffs’ cross-motions to strike certain defenses and for partial judgment on the pleadings are denied; and it is further

ORDERED the Amended Complaint is dismissed.

s/ Michael A. Hammer

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D.N.J.: J.T. v. Dumont Public... | Special Education Law