Barney v. Akron Board of Education
||Akron Board of Education
||January 19, 2016
||US District Court for the Northern District of Ohio
||Benita Y. Pearson
|Nature of Suit:
||Civil Rights: Education
|Cause of Action:
|Jury Demanded By:
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|August 10, 2018
Memorandum of Opinion and Order For the reasons set forth herein, Appellee's Motion for Attorney Fees and Costs (ECF No. 40 ) and Appellant's Motion to Supplement Affidavit of Jason Wallace (ECF No. 49 ) are granted. Thus, the at torneys' fee award against Appellant, Jason D. Wallace, and Daniel R. Bache is $53,287.50. Furthermore, the Court orders that Appellee be reimbursed by Appellant, Jason D. Wallace, and Daniel R. Bache for $400 in costs. Given what is offered in ECF Nos. 45 -4, 45 -5, and 49 , the Court is inclined to find partial inability to pay and to lower the liability for attorneys' fees of Attorneys Wallace and Bache, as well as Appellant. In order to provide a "clear and co ncise explanation of its reasons for the fee award," the Court requires that Appellant, Attorney Wallace, and Attorney Bache each to complete either the CJA 23 Financial Affidavit or Financial Statement of Debtor from the U.S. Department of Just ice (OMB-500) as additional information for the Court to consider in support of their affirmative defense of inability to pay. The completed financial statements shall be filed on or before 8/17/2018. The Clerk of Court shall issue a copy of this M emorandum of Opinion and Order to Daniel R. Bache, Esq. at Dan@GetHelpOhio.com. Local Rule 5.1(c) requires that attorneys receive all documents electronically. Attorney Bache, however, is not receiving documents electronically. Therefore, he shall forthwith set-up his user account to receive e-mail notification for the case at bar and shall check his e-mail box on a regular basis. Judge Benita Y. Pearson on 8/10/2018. (JLG)
|September 22, 2017
Memorandum of Opinion and Order For the reasons set forth herein and those that have been articulated in the memorandum of points and authorities on which Appellee relies, Appellee's Motion for Judgment on the Administrative Record (ECF N o. 32 ) is granted, and the Court affirms the determinations of the state level review officer and impartial hearing officer regarding the lack of substantive and procedural violations of the Individuals with Disabilities Education Act. Judge Benita Y. Pearson on 9/22/2017. (JLG)
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