Jane and John Doe, as Next Friends of Janie Doe 1 and Janie Doe 2, Minor Children v. Prosper Independent School District and Annette Paniagua ex rel. the Estate of Frank Paniagua

Summary

The United States District Court for the Eastern District of Texas denied as moot Prosper Independent School District’s motion to dismiss the plaintiffs’ Fourth Amended Complaint. The court concluded that the district’s pending motion for summary judgment, based on substantially the same grounds and not yet ripe, would provide the appropriate vehicle for addressing those arguments.

Holdings

1. The court denied Prosper ISD's motion to dismiss as moot because Prosper ISD's pending summary-judgment motion raised substantially the same grounds and was the appropriate vehicle for addressing those arguments once ripe.

Questions Presented

1. Whether Prosper Independent School District's Rule 12(b)(6) motion should be decided when the district had filed a later summary-judgment motion based on substantially the same grounds and that motion was not ripe.

Disposition

dismissed