IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
J.L., et al., CIVIL ACTION
Plaintiffs,
NO. 20-1416-KSM
LOWER MERION SCHOOL DISTRICT,
Defendant.
ORDER
AND NOW, this 12th day of March, 2021, upon consideration of the parties’ briefing regarding whether Plaintiffs’ Americans with Disabilities Act (“ADA”) claim is independent of Plaintiffs’ Individuals with Disabilities Education Act (“IDEA”) and Section 504 of the Rehabilitation Act (“Section 504”) claims, (Doc. Nos. 21–24), and the parties’ oral arguments, and for the reasons set forth in the Memorandum, it is hereby ORDERED as follows:
1. Plaintiffs’ ADA claim is not separate from their IDEA and Section 504 claims and was fully exhausted before the hearing officer, and they therefore are not entitled to a jury trial or full discovery on that claim.
2. Plaintiffs shall have until March 26, 2021 to file an amended complaint, if appropriate, that is consistent with the Court’s Memorandum.
3. The parties shall file a joint status report on or before April 1, 2021 with proposed scheduling dates for this case. 2
4. The Court will hold a telephonic scheduling conference with the parties on April 6, 2021, at 11:00 a.m. 1 IT IS SO ORDERED.
/s/KAREN SPENCER MARSTON
KAREN SPENCER MARSTON, J
1
Prior to this time, the Court will email counsel the dial-in information for the call. 3