Peterson et al v. Northeastern Local School District et al, No. 3:2013cv00187 - Document 31 (S.D. Ohio 2014)

Court Description: DECISION AND ENTRY OVERRULING THE DEFENDANTS' OBJECTIONS (DOC. # 27 ) TO THE REPORT AND RECOMMENDATIONS (DOC. # 25 ) OF THE MAGISTRATE JUDGE; ADOPTING SAID RECOMMENDATIONS IN FULL; SUSTAINING IN PART AND OVERRULING IN PART DEFENDANTS' MOTIO N FOR JUDGMENT ON THE PLEADINGS (DOC. # 16 ); ALL CLAIMS OF PLAINTIFFS JACKI PETERSON AND KYLE PETERSON ARE DISMISSED WITH PREJUDICE; ALL CLAIMS AGAINST DEFENDANT NORTHEASTERN LOCAL SCHOOL DISTRICT ARE DISMISSED WITH PREJUDICE; PLAINTIFFS' PROCE DURAL DUE PROCESS CLAIM (COUNT IV) IS DISMISSED WITHOUT PREJUDICE, EXCEPT SAID CLAIM AGAINST DEFENDANT DENISE SCHNEIDER IS DISMISSED WITH PREJUDICE; PLAINTIFFS' STATE LAW CLAIMS FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (COUNT V) AND VIOL ATION OF PRIVACY (COUNT VI) ARE DISMISSED WITHOUT PREJUDICE; PLAINTIFFS' STATE LAW CLAIMS FOR NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS (COUNT VII) AND LOSS OF CONSORTIUM (COUNT VII) ARE DISMISSED WITH PREJUDICE; PLAINTIFFS JAZMEN PETERSON AND DAMEKA CUNIGAN MAY FILE A SECOND AMENDED COMPLAINT WITHIN TWENTY (20) DAYS IN ORDER TO REPLEAD THE PROCEDURAL DUE PROCESS CLAIM AND THE STATE LAW CLAIMS OF INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS AND INVASION OF PRIVACY; ALL AMENDMENTS MUST TAKE INTO ACCOUNT THE STRICTURES OF RULE 11 OF THE FEDERAL RULES OF CIVIL PROCEDURE. Signed by Judge Walter H Rice on 09/12/14. (pb1)