Department of Education, State of Hawaii v. B. et al
| Department of Education, State of Hawaii |
| Scott B., C. B. and Donna B. |
| 1:2011cv00576 |
| September 22, 2011 |
| US District Court for the District of Hawaii |
| Hawaii Office |
| Honolulu |
| SUSAN OKI MOLLWAY |
| RICHARD L. PUGLISI |
| Americans with Disabilities - Other |
| 20 U.S.C. ยง 1401 |
| None |
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Filing
89
ORDER ADOPTING FINDINGS AND RECOMMENDATION TO GRANT IN PART AND DENY IN PART DEFENDANTS' MOTION DETERMINING DEFENDANTS AS PREVAILING PARTY AND FOR AN AWARD OF ATTORNEYS' FEES AND COSTS re 80 ; 81 - Signed by CHIEF JUDGE SUSAN OKI MOLL WAY on 2/26/13. "For the foregoing reasons, the court adopts the F&R without modification. Defendants are awarded $22,291.61 in attorney's fees and $426.59 in costs, for a total award of $22,718.20." (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing
65
ORDER GRANTING DEFENDANT'S COUNTER-MOTION FOR STAY-PUT RECOGNITION, AND DENYING PLAINTIFF'S MOTION TO DISMISS DEFENDANT'S COUNTERCLAIM re 15 ; 22 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 6/26/12. -- "C.B.s mo tion seeking stay put recognition is GRANTED. The DOE's motion seeking dismissal of C.B.'s counterclaim is DENIED. The DOE is ordered to fund C.B.'s placement at AMS during the pendency of any proceedings relating to the IEP of October 28, 2010, pursuant to 20 U.S.C. § 1415(j)." (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing
57
ORDER REVERSING THE DECISION OF THE ADMINISTRATIVE HEARINGS OFFICER - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 5/1/12. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications receiv ed this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry. A copy of the order shall be served by first class mail to Administrative Hearings Officer Haunani Alm at Office of Administrative Hearings, 335 Merchant Street, Ste 100, Honolulu, HI 96813 on May 1, 2012.
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Filing
52
ORDER (1) DENYING IN PART PLAINTIFF'S MOTION TO DISMISS DEFENDANT'S COUNTERCLAIMS, AND (2) REMANDING STAY PUT ISSUES TO HEARINGS OFFICER IN CONNECTION WITH DEFENDANT'S COUNTER-MOTION FOR STAY-PUT RECOGNITION; EXHIBIT A re 15 ; 22 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 3/29/12. ("The DOE's motion to dismiss is DENIED as moot with respect to Counterclaims 2, 3, 4, and 5, which have been voluntarily dismissed. The DOE's motion to dismiss with res pect to Counterclaim 1 and C.B.' s stay put motion are stayed pending the AHO's response to the present remand order. On remand, the AHO is asked to clarify what she intended on page 21 of her decision in stating that AMS is an appropriate program for C.B. and by using the term "reimbursement." In particular, she is asked to clarify whether she intended to change C.B.'s current educational placement. The AHO may, but need not, use the attached form. The AHO may mail her response to the Clerk of Court, United States District Court, 300 Ala Moana Blvd., Honolulu, HI96850. The Clerk of Court is directed to file the response and to serve it on the attorneys in this case. In the meantime, the DOEs motion to dismissCount erclaim 1, ECF No. 15, and C.B.'s stay put motion, ECF No. 22, are set for a continued hearing on Monday, June 18, 2012, at 9:45 a.m." ~ 15 MOTION to Dismiss, 22 COUNTER- MOTION for Stay Put Recognition continued to 6/18/2012 09:45 AM b efore CHIE JUDGE SUSAN OKI MOLLWAY.) (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry. Administrative Hearings Officer Haunani Alm has been shall be served at oah@dcca.hawaii.gov. Modified on 3/29/2012 (emt, ).
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Filing
34
ORDER DENYING PLAINTIFF'S MOTION FOR A PRELIMINARY INJUNCTION 8 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 1/24/12. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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