B.K. et al v. Lake Oswego School District et al
| B.K., Robert Keller and Cynthia Mohiuddin |
| Richard Cohn-Lee, Andrea Hungerford and Lake Oswego School District |
| 3:2011cv00278 |
| March 7, 2011 |
| US District Court for the District of Oregon |
| Portland Office |
| John Jelderks |
| Civil Rights: Americans with Disabilities - Other |
| 20 U.S.C. ยง 1400 Civil Rights of Handicapped Child |
| Plaintiff |
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Filing
42
OPINION AND ORDER. Based on the foregoing, I ADOPT Judge Jelderks' Findings and Recommendation (#37) as MODIFIED above. Accordingly, LOSD's motion to dismiss Counts II - IV for failure to exhaust (#11-1) is GRANTED as to Count IV, and GRANTED in part and DENIED in part as to Counts II and III. LOSD's motion to dismiss as time-barred (#11-1) is DENIED to the extent that those allegations relate to plaintiffs' retaliation claims under the ADA and Section 504, but oth erwise GRANTED. LOSD's motion to strike (#11-2) is DENIED, and motion to stay (#11-3) is GRANTED. Defendant Attorneys' motion to dismiss (#9) is GRANTED. Plaintiffs' amended motion to consolidate (#18) is DENIED. IT IS SO ORDERED. Signed on 03/12/2012 by Judge Malcolm F. Marsh. (pvh)
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