B.I. v. Montgomery County Board of Education et al

Filing 49

ORDER that plaintiff's 44 Motion to Mediate is Denied; that as the time allowed for retaining another attorney having passed, 30 Motion to Withdraw is Granted, and Tyrus B. Sturgis is allowed to withdraw as attorney for the Plaintiffs; that 45 Motion to Dismiss is Granted, and this case is Dismissed without prejudice, with costs taxed as paid; that plaintiffs are free to seek voluntary mediation out of court and address concerns regarding FAPE through the school's IEP team; that all other outstanding motions are denied as moot. Signed by Honorable Judge W. Harold Albritton, III on 9/29/2011. (Attachments: # 1 Civil Appeals Checklist)(cc, ) Deadline terminated: 10/31/2011 Non-Jury Trial

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION

B.I., individually and on behalf of her son,
B.I.,
Plaintiffs,
v.
Montgomery County Board of Education,
et al.,
Defendants.

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) CIVIL ACTION NO. 2:10-cv-621-WHA
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(WO)
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ORDER
This case is before the court on Plaintiffs’ Motions to Mediate (Doc. # 44) and to Dismiss
(Doc. # 45).
Mandatory mediation is not available in this court, and must be by the consent of all
parties. Therefore, in consideration of these Motions and other matters outstanding in this case,
it is hereby ordered as follows:
1. The Motion to Mediate is Denied.
2. The time allowed for retaining another attorney having passed, the Motion to
Withdraw (Doc. # 30) is Granted, and Tyrus B. Sturgis is allowed to withdraw as attorney for the
Plaintiffs.
3. The Motion to Dismiss is Granted, and this case is Dismissed without prejudice, with
costs taxed as paid. Plaintiffs are free to seek voluntary mediation out of court and address
concerns regarding FAPE through the school’s IEP team.
4. All other outstanding motions are denied as moot.

Done this 29th day of September, 2011.

/s/ W. Harold Albritton
W. HAROLD ALBRITTON
SENIOR UNITED STATES DISTRICT JUDGE

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