A.S. by and through his parents Leonel S. and Jennifer S. -vs Catawba County Board of Education
| Leonel S. and Jennifer S. |
| Catawba County Board of Education |
| 5:2011cv00027 |
| March 14, 2011 |
| US District Court for the Western District of North Carolina |
| Statesville Office |
| Catawba |
| David Keesler |
| Richard Voorhees |
| Americans with Disabilities - Other |
| 42 U.S.C. ยง 12101 |
| None |
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Filing
25
CLERK'S JUDGMENT is hereby entered in accordance with the Court's Order dated 8/5/11. Signed by Clerk, Frank G. Johns. (smj)
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Filing
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ORDER ordering that Court intends to proceed with hrg on 5/12/2011 as scheduled consistent with applicable law and subject to following parameters. 1) Court will begin with threshold question of subject matter jurisdiction; 2) Second Circuit's analysis in Cave v. East Meadow is instructive, particularly w/ respect to application of exhaustion provision w/i the Individuals with Disabilities Education Act; 3) The "severe harm" exception to the IDEA's exh austion of admin remedies requirement, appears to be pivotal to the jurisdictional question and will likely overlap with plf's proffer in support of request for prelim injunctive relief; and 4) Plf bears the burden of establishing that subject matter jurisdiction exists. Signed by District Judge Richard Voorhees on 5/10/2011. (cbb)
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