Free Order - District Court of Delaware - Delaware

Case 1:07—cv—00451-JJF Document 13 Filed 04/29/2008 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ZARATA SCOTT, :
Plaintiff, E
v. ; Civil Action N0. 07—45l—JJF
PROVIDENCE CREEK ACADEMY, Z
CHARLES TAYLOR, AUDREY :
ERSCHEN, and ANDREA SPENCE, :
Defendants. ;
~
NOW THEREFORE, at Wilmington thiséxzday of April, 2008, IT
IS HEREBY ORDERED that:
I. Plaintiff’s Motion To Reopen the case is GRANTED. (D.I.
9. )
2. The Court’s July 30, 2007 Order is VACATED. (D.I. 6.)
3. Defendants Charles Taylor, Audrey Erschen, and Andrea
Spence are DISMISSED as Defendants pursuant to 28 U.S.C. §
l9l5(e)(2)(B) for failure to state a claim upon which relief may
be granted. Plaintiff may PROCEED against Defendant Providence
Creek Academy.
IT IS FURTHER ORDERED that:
l. Pursuant to Fed. R. Civ. P. 4(c)(2) and (d)(2),
Plaintiff has provided an original “U.S. Marshal—285" form for
remaining Defendant Providence Creek Academy. Plaintiff has also
provide the Court with one copy the Complaint (D.I. 2) for
service upon Defendant.

Case 1 :O7—cv—OO451-JJF Document 13 Filed O4/29/2008 Page 2 of 2
2. The United States Marshal shall forthwith serve a copy
of the Complaint and this Order upon Defendant as directed by
Plaintiff. All costs of service shall be advanced by the United
States.
3. No communication, including pleadings, briefs,
statement of position, etc., will be considered by the Court in
this civil action unless the documents reflect proof of service
upon the parties or their counsel.
STjT¥ gISTRIC'I‘
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