B P v. Orange County Department of Education et al

Filing 69

JUDGMENT by Judge James V. Selna, in favor of Orange County Department of Education, B P against California Department of Education in the principal amount of $87,424.79, interest in the amount of $0.0, attorneys fees of $0.0, costs of $0.0 for a total judgment of $87,424.79. (MD JS-6, Case Terminated). (rla)

B P v. Orange County Department of Education et al

Doc. 69

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KAREN VAN DIJK, Bar No. 205460 [e-mail] JENNIFER C. BROWN, Bar No. 230181 [e-mail] BEST BEST & KRIEGER LLP 5 Park Plaza Suite 1500 Irvine, CA 92614 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant/Cross-Claimant ORANGE COUNTY DEPARTMENT OF EDUCATION

JS-6

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA B.P., A MINOR BY AND THROUGH HER FORMER COURT APPOINTED RESPONSIBLE ADULT, SL., Plaintiff, v. ORANGE COUNTY DEPARTMENT OF EDUCATION, CALIFORNIA OFFICE OF ADMINISTRATIVE HEARINGS, CALIFORNIA DEPARTMENT OF EDUCATION, and DOES 1 THROUGH 10, Defendants. Case No. SACV09-00971 JVS (MLGx) The Honorable James V. Selna, United States District Judge JUDGMENT Date: Time: May 3, 2010 3:00 p.m.

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PROPOSED JUDGMENT SACV09-00971 JVS (MLGx)

Dockets.Justia.com

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LAW OFFICES OF BEST BEST & KRIEGER LLP 5 PARK PLAZA, SUITE 1500 IRVINE, CA 92614

This action was heard by the Court on May 3, 2010, on the following Motions: · Plaintiff B.P., et al.'s Motion for Summary Judgment; · Defendant/Cross-Claimant Orange County Department of Education's ("OCDE") Motion for Summary Judgment; and · Defendant California Department of Education's ("CDE") Motion for Summary Judgment. All parties appeared through counsel, as reflected by the record. The Court issued an order on May 3, 2010, GRANTING OCDE's Motion, GRANTING B.P.'s Motion, in part, and DENYING CDE'S Motion. In accordance with the Court's May 3, 2010 Order, the Court hereby ENTERS JUDGMENT as follows: 1) 2) Judgment is entered in favor of OCDE, in favor of B.P. as against The Decision rendered by the administrative law judge following the

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CDE only, and against CDE; May 22, 2009 hearing of the Office of Administrative Hearings ("OAH") in Consolidated Case Nos. 200812021 and 2009020130 is hereby reversed, in part, with respect to its finding that CDE was not responsible for implementing and funding B.P.'s education following her release from the Orange County Juvenile Hall on July 28, 2006 through the present; 3) CDE is the entity entirely responsible for implementing and funding B.P.'s educational program, consistent with her individual education program and all that it encompasses, for the period of July 28, 2006 through her twenty-second birthday, including B.P.'s out-of-state placement at the residential treatment facilities at Copper Hills (Utah) and Devereux (Texas), as well as any other subsequent placement made by B.P.'s IEP team;
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PROPOSED JUDGMENT SACV09-00971 JVS (MLGx)

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LAW OFFICES OF BEST BEST & KRIEGER LLP 5 PARK PLAZA, SUITE 1500 IRVINE, CA 92614

4)

As of July 28, 2006, OCDE did not have, and OCDE does not now

have, any obligation to implement or fund any portion of B.P.'s educational program, including her out-of-state placements at the residential treatment facilities at Copper Hills and Devereaux; 5) CDE is ordered to reimburse OCDE in the amount of $87,424.79 for the educational costs that OCDE has expended for B.P.'s educational program from July 28, 2006 through the present; 6) 7) 8) 9) 10) OCDE is the prevailing party for purposes of the underlying B.P. is the prevailing party as against CDE only for purposes of the OCDE and B.P. shall recover their reasonable costs of suit herein as This Court retains jurisdiction over the parties to the extent necessary This Court retains jurisdiction over the parties to the extent necessary administrative action and the instant appeal thereof; underlying administrative action and the instant appeal thereof; against CDE; to allow OCDE to obtain reimbursement from CDE, as described herein; and to allow B.P. to obtain prevailing party attorney's fees from CDE pursuant to the Individuals with Disabilities Education Act for purposes of the underlying administrative action and the instant appeal hereof.

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Dated: July 08, 2010 By: ________________________________ HON. JAMES V. SELNA UNITED STATES DISTRICT JUDGE

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PROPOSED JUDGMENT SACV09-00971 JVS (MLGx)