Freeman v. Community Strategies Inc

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
KAYE FREEMAN,
Plaintiffs,
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v. 	) 	Case No. CIV-25-170-SLP
COMMUNITY STRATEGIES, INC.,
d/b/a EPIC CHARTER SCHOOLS; and
EPIC CHARTER SCHOOLS,
Defendants.
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O R D E R
Before 	the 	Court 	are 	three 	related 	motions. 	First, 	Defendants 	Community
Strategies, Inc. d/b/a Epic Charter Schools and Epic Charter Schools filed a Partial Motion
to Dismiss [Doc. No. 39], to which Plaintiff responded [Doc. No. 43], and Defendants
replied [Doc. No. 47]. Second, Plaintiff filed a Motion to Strike Defendants’ Reply [Doc.
No. 48], to which Defendants responded [Doc. No. 49], and Plaintiff replied [Doc. No. 50].
Third, Defendant Community Strategies, Inc. D/B/A Epic Charter Schools filed a Motion
to Withdraw Portions of its Partial Motion to Dismiss.1 [Doc. No. 55].
Addressing these motions in reverse order, Defendant requests to withdraw the
portion of its Partial Motion to Dismiss [Doc. No. 39] arguing for entitlement to Eleventh
Amendment immunity, in light of a recent opinion from the United States Supreme Court.
See Mot. [Doc. No. 55] at 1 (citing Galette v. New Jersey Transit Corporation, Nos. 24-
1 Due to the nature of the relief sought in the Motion to Withdraw, the Court does not require a
response from Plaintiff before issuing its ruling on the Motion.
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1021 and 24-1113, 607 U.S. ----, --- S. Ct. ---, 2026 WL 598450 (2026)). The Motion to
Partially Withdraw [Doc. No. 55] is GRANTED.
Defendant does not withdraw two portions of its Partial Motion to Dismiss and seeks
rulings on its arguments that: (1) “Epic Charter Schools” is not a legal entity and therefore,
not a proper party, and (2) punitive damages are unavailable for Plaintiff’s Rehabilitation
Act claims. 	[Doc. No. 55] at 1, n.1. 	Plaintiff, however, concedes both issues. 	See Pl.’s
Resp. [Doc. No. 43] at 6 (“Plaintiff consents to dismiss Epic Charter Schools as a named
party and to proceed solely against Community Strategies, Inc., which does business under
the Epic tradename.”); id. at 30 (acknowledging that “punitive damages are not available
for the Rehabilitation employment claim”). 	Accordingly, the Court finds that “Epic
Charter Schools” is DISMISSED WITHOUT PREJUDICE and punitive damages are not
available for Plaintiff’s Rehabilitation Act claim.2
In light of the parties’ concessions and Defendant’s withdrawal of its Eleventh
Amendment immunity argument, the Court finds it unnecessary to address Plaintiff’s
Motion to Strike Defendants’ Reply. 	Accordingly, the Motion to Strike is DENIED as
MOOT.
IT IS THEREFORE ORDERED that Defendants’ Partial Motion to Dismiss [Doc.
No. 39] is GRANTED IN PART and WITHDRAWN IN PART. Defendant Epic Charter
2 See Hamer v. City of Trinidad, 924 F.3d 1093, 1109 (10th Cir. 2019) (“[P]unitive damages are
categorically unavailable for suits under Title II [of the ADA] and section 504 [of the
Rehabilitation Act].” (citing Barnes v. Gorman, 536 U.S. 181, 189 (2002))).
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Schools is DISMISSED WITHOUT PREJUDICE. The Court further rules as a matter of
law that Plaintiff may not seek punitive damages for its Rehabilitation Act claim.
IT IS FURTHER ORDERED that Defendant’s Motion to Withdraw Portions of its
Partial Motion to Dismiss [Doc. No. 55] is GRANTED, and Defendants’ arguments
concerning Eleventh Amendment immunity are withdrawn.
IT IS FURTHER ORDERED that Plaintiff’s Motion to Strike Defendants’ Reply
[Doc. No. 48] is DENIED as MOOT.
IT IS FURTHER ORDERED that this matter is set for a Status/Scheduling
Conference on April 3, 2026 at 11:00 A.M. in Courtroom 304. The parties are required
to file the Joint Status Report and Discovery Plan not later than March 30, 2026. See
LCvR 16.1(a)(1) and Appendix II. The conference shall be attended by counsel with
authority to make appropriate decisions. See LCvR 16.1(b)(4). In addition to the matters
addressed in the Joint Status Report and Discovery Plan, the parties shall also confer in
good faith prior to the conference regarding whether any or all of the three related cases3
before the Court should be consolidated, either in their entirety or for limited purposes
(such as discovery). During these discussions, the parties should keep in mind principles
of judicial economy and efficiency.
3 Freeman v. Community Strategies, Inc. d/b/a Epic Charter Schools, Case No. 5:25-CV-00170-
SLP; Brice, et al. v. Community Strategies, Inc. d/b/a Epic Charter Schools, Case No. 5:25-CV-
01208-SLP; Brooks, et al. v. Community Strategies, Inc. d/b/a Epic Charter Schools, Case No.
5:25-CV-01209-SLP.
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IT IS SO ORDERED this 16 th day of March, 2026.
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