School Reform Commission of the School District of Philadelphia and Reginald Littlejohn’s Motion to Dismiss (Document No. 13, filed June 24, 2014), following oral argument on July 18, 2014, for the reasons set forth in the Memorandum dated November 20, 2014, IT IS ORDERED that defendants’ Motion to Dismiss is DENIED. IT IS FURTHER ORDERED that a preliminary pretrial telephone conference will be scheduled in due course. 1 . There are no allegations in the Complaint of what Regusters said to Littlejohn that prompted him to ask for her identification and verification for N.R.'s release. 2 . The parties agree that the "special relationship” exception has no application to this case. See D.R. v. Middle Bucks Area Vocational Technical Sch., 972 F.2d 1364, 1373 (3d Cir.1992) (en banc) (<HOLDING>). 3 . Other district courts have also concluded
holding that the special relationship exception did not apply because the decedent was not in defendants custody recognizing the existence of the special relationship holding that no special relationship exists between state and school children despite compulsory attendance laws holding that the special relationship exception does not apply to the relationship between a student and a school holding that some special relationship between the parties is required to recover under the theory of negligent misrepresentation