Free Motion to Dismiss for Failure to State a Claim - District Court of Delaware - Delaware

Case 1:06-cv-00440-KAJ Document 6 Filed 08/14/2006 Paget of 4
V IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
BEVERLY L. LEWIS, :
PlaintifiQ
v. C.A. N0. 06-440
COLONIAL SCHOOL DISTRICT,
Defendant. ‘
DEFENDANT’S MOTION TO DISMISS PLAINTIFF’S COMPLAINT
Pursuant to Rule l2(b)(6) of the Federal Rules of Civil Procedure,
Colonial School District (the "District"), hereby moves for the Court to dismiss the
complaint (the "Complaint") because the Complaint, which purports to assert
discrimination claims under the Americans with Disabilities Act fails to state a claim
upon which relief can be granted because there is no allegation the plaintiff (the
"Plaintiff') exhausted her administrative remedies and there is no allegation she brought
suit within 90 days of exhausting her administrative remedies.
WHEREFORE, for the reasons stated above and the reasons set forth in
the accompanying Opening Brief, the Court should grant the District's Motion and enter
an Order in the form attached, dismissing Plaintiff’ s Complaint with prejudice.
DHW/001255-0987/1441576/1

Case 1:06-cv-00440-KAJ Document 6 Filed 08/14/2006 Page 2 of 4
Respectfully submitted,
. ` ‘
D d H. Williams (#616)
[email protected]
James H. McMackin, III (#4284)
jmcmac1 MORRIS, JAMES, HITCHENS & WILLIAMS LLP ‘
222 Delaware Ave., 10th Floor
P.O. Box 2306
Wilmington, DE 19899
(302) 888-6900/5849
Dated: August 14, 2006 Attorneys for Defendant
DHW/001255-0987/1441576/1

Case 1:06-cv-00440-KAJ Document 6 Filed 08/14/2006 Page 3 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
BEVERLY L. LEWIS, )
)
Plaintiff, )
) .
v. ) C.A. No. 06-440
)
COLONIAL SCHOOL DISTRICT, )
)
Defendant. ) -
ORDER
Now, this day of , 2006, having considered
Defendant Colonial School District's Motion to Dismiss and any opposition thereto, it is
hereby ORDERED that the Motion is GRANTED. It is further ORDERED that
Plaintiff’ s Complaint is DISMISSED WITH PREJUDICE.
SO ORDERED BY THE COURT:
U.S.D.J.
JYM/001255-09:27/1441688/1

Case 1:06-cv-00440-KAJ Document 6 Filed 08/14/2006 Page 4 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
BEVERLY L. LEWIS, )
)
Plaintiff, ) _
- )
v. ) C.A. N0. 06-440
)
COLONIAL SCHOOL DISTRICT, )
)
Defendant. )
CERTIFICATE OF ELECTRONIC SERVICE
I hereby certify that on August 14, 2006, I electronically filed the attached
DEFENDANT’S MOTION TO DISMISS PLAINTIFF’S COMPLAINT with the
Clerk of Court using CM/ECF, and that I have mailed by United States Postal Service the
document to the following non-registered participant:
Beverly Lewis
804 Sweet Hollow Court
Middletown, DE 19709
` l
.44LQ ` WL '
Da ¢l• H. Williams (#616)
dwi [email protected]
James H. McMackin, III (#4284)
[email protected]
MORRIS, JAMES, HITCHENS & VVILLIAMS, LLP
222 Delaware Avenue
P.O. Box 2306
Wilmington, DE 19899
(302) 888-6900/5849
Dated: August 14, 2006 Attorneys for Defendants
JYM/001255-0987/1441782/1