Struble v. Fallbrook Union High School District

Plaintiff: Mary Struble
Defendant: Fallbrook Union High School District
Case Number: 3:2007cv02328
Filed: December 13, 2007
Court: California Southern District Court
Office: San Diego Office
County: San Diego
Referring Judge: Cathy Ann Bencivengo
Presiding Judge: Larry Alan Burns
Nature of Suit: Civil Rights: Other
Cause of Action: 20:1400 Civil Rights of Handicapped Child
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed#Document Text
September 18, 2012 69 Opinion or Order of the Court ORDER granting 66 Joint Motion to Withdraw Objection; Order granting in part 56 Motion for Attorney's Fees; and Order of Dismissal. The Court pursuant to 20 U.S.C. § 1415(i)(3)(B)(i)(I) awards Plaintiff a total of $71,637.50 in attorney's fees, plus $1,227.26 in costs. With this ruling, all issues have been adjudicated. As noted in earlier rulings, judgment is entered for Plaintiff only on the two remanded issues; on other issues, judgment is entered for the Defendant. Relief was granted to Plaintiff earlier, as noted above. The Clerk is directed to close the case. Signed by Judge Larry Alan Burns on 9/18/12. (kaj)
January 27, 2011 53 Opinion or Order of the Court ORDER Adopting 44 Report and Recommendations as Modified: The District's counterclaim is dismissed with prejudice in its entirety. The plaintiff's complaint is stayed and remanded to the CA Office of Administrative Hearing, Special Educa tion Division for a final determination by a hearing officer as to the following two issues: (A) whether the 2/7/08 IEP placement was appropriate under the IDEA and, if not, (B) whether the private parental placement at Fusion was appropriate under t he Act. The Court finds the Plaintiff was the prevailing party in the ALJ hearing. The Court also finds the Plaintiff has waived her right to appeal the ALJ's decision that the Defendant prevailed on twelve specific issues which the Plaintiff did not appeal. Signed by Judge Larry Alan Burns on 1/27/11.(lmt)(certified copy to OAH)
February 8, 2008 18 Opinion or Order of the Court ORDER re 14 Ex Parte Application to Continue Early Neutral Evaluation Conference.The ENE Conference set for 2/12/08 at 2:00pm is hereby vacated. Instead, there will be a telephonic attorneys only, ENE Conference on 2/14/08 at 9:00am. A Mandatory Settlement Conference is set for 2/29/08 at 2:00pm before Magistrate Judge Cathy Ann Bencivengo. Signed by Judge Cathy Ann Bencivengo on 2/8/08. (vrp)

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Plaintiff: Mary Struble
Represented By: Ellen Jean Dowd
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Defendant: Fallbrook Union High School District
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