T, et al v. Department of Education, State of Hawai'i
| I. T,, Renee T. and Floyd T. |
| Department of Education, State of Hawai'i |
| 1:2011cv00676 |
| November 4, 2011 |
| US District Court for the District of Hawaii |
| Hawaii Office |
| Honolulu |
| KEVIN S.C. CHANG |
| LESLIE E. KOBAYASHI |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. ยง 12101 Violation of Americans with Disabilities Act |
| None |
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Filing
82
ORDER DENYING PLAINTIFFS' OBJECTIONS TO THE MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION TO GRANT IN PART AND DENY IN PART PLAINTIFF'S SECOND MOTION FOR ATTORNEYS' FEES AND ADOPTING THE MAGISTRATE JUDGE'S FINDINGS AND RECOM MENDATION re 78 ; re 79 . Signed by JUDGE LESLIE E. KOBAYASHI on 04/29/2014. -- Plaintiffs' Objections to the magistrate judge's Findings and Recommendation to Grant in Part and Deny in Part Plaintiff's Se cond Motion for Attorneys' Fees and Related Nontaxable Expenses, filed March 12, 2014, are HEREBY DENIED. Plaintiffs' request for an award of additional attorneys' fees associated with the Objections is also DENIED. This Court therefor e ADOPTS the magistrate judges F&R as the order of this Court. This Court ORDERS Defendant's counsel to arrange the transmission of the $30,936.11 award to Plaintiffs, through Plaintiffs' counsel, by May 29, 2014. (eps)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
68
ORDER REVISING THE HEARINGS OFFICER'S JUNE 5, 2013 DECISION ON REMAND, AND AWARDING COMPENSATORY EDUCATION. Related: 31 Signed by JUDGE LESLIE E. KOBAYASHI on 12/17/2013. ~ The Hearings Officer's June 5, 2013 Remanded Deci sion Subsequent to U.S. District Judge Leslie Kobayashis September 10, 2012 Amended Order Affirming in Part, and Vacating and Remanding in Part, the Hearings Officer's October 6, 2011 Decision is HEREBY REVERSED. This Court AWARDS Plaintiffs $44,335.53 as a compensatory education award for Defendants failure to address Student's speech-language needs in the March 3, 2009 IEP and the February 26, 2010 IEP. This Court ORDERS Defendant to pay this amount to Plaintiffs, through Plaintiffs' counsel, by no later than February 10, 2014. (ecs, )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. (cc: Office of Administrative Hearings)
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Filing
55
ORDER DENYING DEFENDANT'S MOTION TO DISMISS re: 54 . Signed by JUDGE LESLIE E. KOBAYASHI on 7/24/2013. (afc)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
46
ORDER DENYING PLAINTIFF'S OBJECTIONS TO MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION TO GRANT IN PART AND DENY IN PART PLAINTIFF'S MOTION FOR ATTORNEY'S FEES AND ORDER ADOPTING THE FINDINGS AND RECOMMENDATION re: 42 . S igned by JUDGE LESLIE E. KOBAYASHI on 1/30/2013. (afc)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
31
AMENDED 25 ORDER AFFIRMING IN PART AND VACATING AND REMANDING IN PART THE HEARINGS OFFICERS OCTOBER 6, 2011 DECISION. Signed by JUDGE LESLIE E. KOBAYASHI on September 10, 2012. (bbb, )CERTIFICATE OF SERVICEPartici pants 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
25
ORDER AFFIRMING IN PART AND VACATING IN PART THE HEARINGS OFFICER'S OCTOBER 6, 2011 DECISION: "On the basis of the foregoing, the Hearings Officer's Findings of Fact, Conclusions of Law and Decision, filed October 6, 2011, is HEREBY AFFIRMED IN PART AND VACATED IN PART. The Court VACATES the Hearings Officer's Decision to the extent that: 1) the Court CONCLUDES that Defendant violated the IDEA by failing to evaluate Student for CAPD after the March 3, 2009 IEP team meeting , but the Court also CONCLUDES that the violation did not result in a denial of FAPE because the evidence ultimately established that Student did not have CAPD; 2) the Court CONCLUDES that the failure to address Student's speech/language needs, both in the provision of services and in the creation of a appropriate goals and objectives, in the March 3, 2009 IEP and in the June 26, 2010 IEP constituted a denial of FAPE; and 3) the Court CONCLUDES that compensatory education is the appropriate relief for the denial of FAPE. The Court AFFIRMS the Decision in all other respects. The Court ORDERS the parties to file supplemental briefing on the issue of the form of compensatory education that is appropriate in this case. Plaintiffs shall fil e their supplemental brief by August 14, 2012, and Defendant shall file its supplemental brief by August 28, 2012. IT IS SO ORDERED." related: 24 Evidentiary Hearing. Signed by JUDGE LESLIE E. KOBAYASHI on July 30, 2012. (bbb, )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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