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17-523 - HALL v. MARTIN et al


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17-523 - HALL v. MARTIN et al
August 2, 2017
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MEMORANDUM AND ORDER. For the reasons stated in the Memorandum & Order filed herewith, Defendants' Motion to Dismiss (Doc. 5) is GRANTED IN PART AND DENIED IN PART. Consistent with the foregoing, the Court hereby DISMISSES WITHOUT PREJUDICE Count II of the Complaint against Defendant School District. If Plaintiff wishes to file an Amended Complaint, he must do so on or before August 16, 2017. Defendants must answer or otherwise plead fourteen (14) days thereafter. Plaintiff's failure to file an Amended Complaint by August 16, 2017 will result in the dismissal of the claim against Defendant School District WITH PREJUDICE. Signed by Judge Cathy Bissoon on 8/2/2017. (kg)
February 5, 2018
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by Judge Cathy Bissoon on 2/5/18. (kg)ORDER. Defendant The Moniteau School District hereby is ORDERED to disclose the identity of S.F., the student who reported being struck by a hockey puck at school on October 31, 2013, to Plaintiff. IT IS FURTHER ORDERED that, pursuant to The Federal Education Rights and Privacy Act, 20 U.S.C. § 1232g, prior to any such disclosure, the Moniteau School District must make a reasonable effort to notify either the parent (if S.F. is under the age of 18) or the student (if S.F. is over the age of 18) that it will disclose his or her identifying information to Plaintiff for the purposes of seeking discovery related to his or her 2013 injury so that the parent or student may seek protective action. See 34 C.F.R. § 99.31(a)(9)(ii). Signed