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15-6105 - ALLEN et al v. THE SCHOOL REFORM COMMISSION et al


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15-6105 - ALLEN et al v. THE SCHOOL REFORM COMMISSION et al
February 3, 2017
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MEMORANDUM AND OPINION. SIGNED BY HONORABLE JOHN R. PADOVA ON 2/2/17. 2/3/17 ENTERED & E-MAILED.(fdc)
February 3, 2017
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SPECTS. SIGNED BY HONORABLE JOHN R. PADOVA ON 2/2/17. 2/3/17 ENTERED & E-MAILED.(fdc)MEMORANDUM AND ORDER THAT DEFENDANTS' MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM [#16] IS GRANTED IN PART AND DENIED IN PART AS FOLLOWS: THE MOTION IS GRANTED AND THE SECOND AMENDED COMPLAINT IS DISMISSED TO THE EXTENT THAT PLAINTIFFS SEEK TO PURSUE THEIR CLAIM THAT THEY WERE DISCRIMINATED AGAINST ON THE BASIS OF THEIR AGE IN VIOLATION OF THE ADEA UNDER THE DISPARATE-IMPACT THEORY. THE MOTION IS GRANTED INSOFAR AS IT SEEKS THE DISMISSAL OF DR. WILLIAM HITE AS A PARTY TO THIS SUIT AND DR. WILLIAM HITE IS DISMISSED AS A PARTY TO THIS ACTION. THE MOTION IS GRANTED AS TO ANY CLAIMS FOR VIOLATION OF PLAINTIFFS' STATE AND FEDERAL CONSTITUTIONAL RIGHTS AND SUCH CLAIMS ARE DISMISSED WITH PREJUDICE. THE MOTION IS DENIED IN ALL OTHER RE