IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
A. S., a minor, et al., : CIVIL ACTION
: NO. 13-2312
O R D E R
AND NOW, this 10th day of April, 2014, for the reasons set forth in the accompanying memorandum, it is hereby ORDERED as follows: (1) Defendant’s Motion to Dismiss (ECF No. 10), which the Court has treated as a Motion for Summary Judgment in accordance with Federal Rule of Civil Procedure 12(d), is GRANTED; (2) Defendant’s Motion to Strike (ECF No. 10) is DENIED as moot; (3) Plaintiffs’ Motion for Extension of Time (ECF No. 23) is GRANTED nunc pro tunc; (4) Plaintiffs’ Motion to Amend Reply (ECF No. 31) is
GRANTED;
(5) Plaintiffs’ substantive claims under the IDEA are DISMISSED without prejudice for failure to exhaust; 2 (6) Plaintiffs’ due process and procedural IDEA claims regarding the due process hearing held on January 23, 2013, are DISMISSED with prejudice; and (7) The clerk shall mark the case closed. It is further ordered that Defendant’s Motion for Sanctions (ECF No. 15) is DENIED.
/s/ Eduardo C. Robreno
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EDUARDO C. ROBRENO, J