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15-1862 - Edelson et al v. Chapel Haven, Inc. et al


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15-1862 - Edelson et al v. Chapel Haven, Inc. et al
March 1, 2017
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ORDER denying as moot 25 Motion to Dismiss; denying as moot 26 Motion to Dismiss; granting in part and denying in part 32 Motion to Dismiss; granting in part and denying in part 34 Motion to Dismiss. The motions to dismiss all of the claims asserted by the plaintiff-parents on their own behalf are granted without prejudice to amending within thirty days of this Order. With respect to the State defendants, their motions to dismiss Count Two (violation of the integration mandate); Count Four (violation of the free choice and fair hearing provisions); and Count Five (violation of due process) are granted. Their motions to dismiss Count One (violation of the ADA and Rehabilitation Act anti-discrimination provisions) and Count Three (violation of the ADA and Rehabilitation Act retaliation provisions) are denied.With respect to the Chapel Haven defendants, their motions to dismiss a portion of Count One (violation of the anti-discrimination provision in Title II of the ADA); Count Two (violation of the integration mandate); Count Four (violation of free choice and fair hearing provisions); Count Five (violation of due process); Count Eight (promissory estoppel); Count Nine (specific performance as a separately pleaded cause of action); Count Ten (breach of fiduciary duty); Count Twelve (income-based discrimination in violation of section 46a-64); Count Thirteen (intentional infliction of emotional distress); and Count Fifteen (CUTPA) are granted. Their motion to dismiss Count Fourteen (negligent infliction of emotional distress) is denied. Thus, either because they survived both motions to dismiss or because they were not challenged, the following counts remain: against the State defendants, Counts One and Three; and against the Chapel Haven defendants, Count One (under Title III), and Counts Three, Six, Seven, Eleven, and Fourteen. The parent-plaintiffs are also ordered to inform the court within thirty days of this Order which parent will be the "primary" decision-maker on Robert's behalf in the context of this case. The parties are also ordered to provide a proposed scheduling order governing discovery and the filing of summary judgment motions to the court within thirty days of this Order.Signed by Judge Stefan R. Underhill on 3/1/2017. (Buttrick, A.)