Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

S.C. v. DEPTFORD TOWNSHIP BOARD OF EDUCATION

United States District Court, District of New Jersey


March 14, 2003

S.C., A MINOR CHILD, BY HIS PARENTS, C.C. AND K.C., PLAINTIFFS,
v.
DEPTFORD TOWNSHIP BOARD OF EDUCATION, DEFENDANT, DEPTFORD TOWNSHIP BOARD OF EDUCATION, THIRD-PARTY AND COUNTERCLAIM PLAINTIFF, V. DEPARTMENT OF EDUCATION OF THE STATE OF NEW JERSEY; DEPARTMENT OF HUMAN SERVICES, DIVISION OF DEVELOPMENTAL DISABILITIES OF THE STATE OF NEW JERSEY, THIRD-PARTY DEFENDANTS, S.C., A MINOR CHILD, BY HIS PARENTS, C.C. AND K.C., COUNTERCLAIM DEFENDANTS.

The opinion of the court was delivered by: Stephen M. Orlofsky, Judge

ORDER

This matter having come before the Court on the Motion of Third-Party Defendants, New Jersey Department of Education and New Jersey Department of Human Services, Division of Developmental Disabilities, to Dismiss for Failure to State a Claim, pursuant to Fed.R.Civ.P. 12(b)(6), David Samson, Esq., Attorney General of New Jersey, Beth Leigh Mitchell, Esq., Deputy Attorney General, appearing on behalf of the Third-Party Defendants, and James F. Schwerin, Esq., Parker, McCay & Criscuolo, P.A., appearing on behalf of Defendant and Third-Party Plaintiff, Deptford Township Board of Education, Herbert D. Hinkle, Esq., Law Offices of Herbert D. Hinkle, appearing on behalf of Plaintiffs, C.C. and K.C., on behalf of the minor child, S.C.; and,

The Court having considered the papers submitted by counsel for Third-Party Defendants in support of the Motion and in response to the Court's request for supplemental briefing, and the papers submitted by counsel for Defendant and Third-Party Plaintiff in opposition and in response to the Court's request, and the Plaintiff having declined to submit papers;

For the reasons set forth in the Opinion entered concurrently with this Order, IT IS, on this 7th day of August, 2002, hereby ORDERED that:

1. The Motion of Third-Party Defendants, New Jersey Department of Education and New Jersey Department of Human Services, Division of Developmental Disabilities, to Dismiss for Failure to State a Claim, pursuant to Fed.R.Civ.P. 12(b)(6), is GRANTED IN PART and DENIED IN PART; and, —
2. the Motion of Third-Party Defendants, New Jersey Department of Education and New Jersey Department of Human Services, Division of Developmental Disabilities, to Dismiss for Failure to State a Claim, pursuant to Fed.R.Civ.P. 12(b)(6) is GRANTED as to the Defendant and Third-Party Plaintiff's claims for attorney's fees and other costs incurred in opposing the Plaintiff's Complaint in the New Jersey Office of Administrative Law and in this Court; and,
3. the Motion of Third-Party Defendants, New Jersey Department of Education and New Jersey Department of Human Services, Division of Developmental Disabilities, to Dismiss for Failure to State a Claim, pursuant to Fed.R.Civ.P. 12(b)(6) is DENIED in all other respects.
20030314

© 1992-2003 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.