Pocono Mountain School District v. T.D., a minor et al
Plaintiff: Pocono Mountain School District
Defendant: T.D., a minor and S.D.L., as Parent and Legal Guardian of T.D.
Case Number: 3:2015cv00764
Filed: April 20, 2015
Court: US District Court for the Middle District of Pennsylvania
Office: Scranton Office
County: Monroe
Presiding Judge: Robert D. Mariani
Nature of Suit: Civil Rights: Education
Cause of Action: 29 U.S.C. ยง 0794
Jury Demanded By: None

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Date Filed Document Text
April 8, 2022 Opinion or Order Filing 121 ORDER : IT IS HEREBY ORDERED THAT: Defendants T.D. and S.D.L.'s Motions for Award of Attorneys' Fees and Costs (Doc.s 91, 109 are GRANTED in part and the Defendants' counsel, McAndrews Law Offices, is awarded $127,564.78 in attorn eys' fees. Counsel is also awarded $9,242.90 as reimbursement of expenses. Judgment for attorneys fees and costs is thus entered in the total amount of $136,807.68 in favor of Defendants and against plaintiff Pocono Mountain School District. Plaintiff Pocono Mountain School District's Motion is GRANTED (Doc. 99) insofar as this Court has reduced the attorneys fees and costs awarded to T.D.'s counsel. Signed by Honorable Robert D. Mariani on 4/8/22 (jam)
July 20, 2018 Opinion or Order Filing 86 ORDER : IT IS HEREBY ORDERED THAT:1.The Districts Objections (Doc. 78) are SUSTAINED IN PART AND OVERRULED IN PART for the reasons set forth in the accompanying memorandum opinion. 2.The R&R (Doc. 74) is ADOPTED IN PART AND OVERRULED IN PART for th e reasons set forth therein as well as those set forth in the accompanying memorandum opinion, as set forth in paragraphs 3 and 4 below. 3.T.D.s Motion for Judgment on the Administrative Record (Doc. 54) is GRANTED IN PART AND DENIED IN PART as follo ws:a.For the reasons set forth in the accompanying memorandum opinion, T.D.s motion is GRANTED AS MODIFIED, such that the administrative hearing officers findings that (1) T.D. is disabled under Section 504 of the Rehabilitation Act of 1973, 20 U.S.C . § 794 (Section 504) and was denied a free and appropriate public education (FAPE) and (2) T.D. was entitled to compensatory education per school day for a period of 26 school days are AFFIRMED.b.For the reasons set forth in the accompanying me morandum opinion, T.D.s motion is GRANTED with respect to its request that this Court overturn the hearing officers finding that T.D. was not disabled under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq. The h earing officers conclusion that T.D. is not disabled under IDEA is T.D.s VACATED.c.For the reasons set forth in the accompanying memorandum opinion, T.D.s motion is GRANTED AS MODIFIED, such that the administrative hearing officers award of tuition reimbursement for the 2013-14 and 2014-15 school years is AFFIRMED on the basis of statutory provisions under IDEA, rather than on the basis of a deliberate indifference finding under Section 504.d.For the reasons set forth in the R&R and this Courts accompanying memorandum opinion, T.D.s motion is DENIED in all other respects.4.The Districts Motion for Judgment on the Administrative Record, or in the Alternative, for Summary Judgment (Doc. 42) is GRANTED IN PART AND DENIED IN PART as follows:a. For the reasons set forth in the accompanying memorandum opinion, the Districts motion is GRANTED with respect to its request that this Court vacate the hearing officers finding that the District acted with deliberate indifference under Section 504. The hearing officers conclusion that the District acted with deliberate indifference towards T.D. under Section 504 is VACATED. b.For the reasons set forth in the R&R and this Courts accompanying memorandum opinion, the Districts motion is DENIED in all other respects.5.The Clerk of Court is directed to CLOSE this case. Signed by Honorable Robert D. Mariani on 7/20/18. (jam)
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Plaintiff: Pocono Mountain School District
Represented By: John E. Freund, III
Represented By: Glenna M. Hazeltine
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Defendant: T.D., a minor
Represented By: Michael E. Gehring
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Defendant: S.D.L., as Parent and Legal Guardian of T.D.
Represented By: Michael E. Gehring
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