Barney v. Akron Board of Education

Justia Dockets & Filings Sixth Circuit Ohio Northern District Barney v. Akron Board of Education

Barney v. Akron Board of Education

Plaintiff:	Delaina Barney
Defendant:	Akron Board of Education
Case Number:	5:2016cv00112
Filed:	January 19, 2016
Court:	US District Court for the Northern District of Ohio
Office:	Akron Office
County:	Summit
Presiding Judge:	Benita Y. Pearson
Nature of Suit:	Civil Rights: Education
Cause of Action:	20 U.S.C. § 1415
Jury Demanded By:	None

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Date Filed	Document Text
August 10, 2018	Filing 50 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	Filing 36 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)

Date Filed

Document Text

August 10, 2018

Filing 50 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

Filing 36 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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Plaintiff: Delaina Barney
Represented By:	Daniel R. Bache
Represented By:	Jason D. Wallace
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Defendant: Akron Board of Education
Represented By:	Rhonda J. Porter
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