JAMES BEATY, District Judge
For the reasons stated in the Memorandum Opinion filed contemporaneously herewith, the Motion for Summary Judgment filed by the City Defendants and Peek [Document #23] is GRANTED IN PART to the extent that all claims against these Defendants are dismissed, with the exception of Claims Three, Five, and Six which will be remanded to the state court for determination. The Motion for Summary Judgment filed by Defendants EDS and Pearson [Document #27] is GRANTED IN PART to the extent that all claims against these Defendants are dismissed, with the exception of Claims Three, Five, and Six which will be remanded to the state court for determination. The Motion to Dismiss And/Or for Summary Judgment and Remand filed by the State of North Carolina [Document #31] is GRANTED as follows: the portion of the State's Motion requesting summary judgment against Claims One and Two is GRANTED; the portion of the State's Motion requesting a remand of Claims Three, Five, and Six is GRANTED; the portion of the State's Motion requesting dismissal for failure to state a ground on which the statute may be invalid is DENIED as moot, in light of the grant of the Motion's request for summary judgment. For all the same reasons, Plaintiff's Motion for Summary Judgment [Document #34] is DENIED in full. Finally, Defendant Guilford County Board of Education's Motion for Partial Summary Judgment [Document #21] and their specific Request for Declaratory Judgment [Document #13] are both DENIED.
Further, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Claims three, five, and six, as set forth in the Complaint in this action, are REMANDED to the General Court of Justice, Superior Court Division, Guilford County, North Carolina.