Massey v. Banning Unified School District

ORDER DENYING DEFENDANTS’ MOTION TO DISMISS AND TO STRIKE

COLLINS, District Judge.

The above-referenced motion came on regularly for hearing before this Court on March 24, 2003. After consideration of the materials submitted by the parties, argument of counsel and the case file, it is hereby ORDERED that Defendants’ Motion is DENIED.

I. FACTUAL AND PROCEDURAL BACKGROUND

At all relevant times, Ashly Massey (“Plaintiff’) was an eighth grade student at Coombs Middle School in the Banning Unified School District (the “District”). (Complaint ¶¶2-3.) Kathleen McNamara (“McNamara”) is the superintendent…