A.W. v. Tehachapi Unified School District
Filing
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ORDER After Settlement Conference; ORDER SETTING Further Settlement Conference, signed by Magistrate Judge Jennifer L. Thurston on 6/22/2018. Telephonic Settlement Conference set for 7/2/2018 at 02:00 PM before Magistrate Judge Jennifer L. Thurston. (Hall, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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A.W. (A minor, by and through his parent
and guardian ad litem, AMY WRIGHT)
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Plaintiff,
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v.
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TEHACHAPI UNIFIED SCHOOL
DISTRICT, et al.,
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Defendants.
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Case No.: 1:17-cv-00854 DAD JLT
ORDER AFTER SETTLEMENT
CONFERENCE; ORDER SETTING FURTHER
SETTLEMENT CONFERENCE
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The Court held a settlement conference in this case on June 21, 2018. Despite that it
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appeared before the conference that the case was not in a settlement posture, it became apparent at
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the conference that the parties may be able to come to terms of agreement. The parties agreed in
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principle that if settlement can be achieved, it would include: 1.) provision of ABA services with
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BCBA supervision until the entirety of the IEP team, including the parents, agrees to terminate or,
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if the parents do not agree, that the District will seek a due process hearing; 2.) the plaintiff’s
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attorney’s fees and costs in an amount lower than the amount last offered; 3.) that the Court would
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retain jurisdiction to enforce the settlement agreement; and 4.) that the settlement is of this case
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only. It appeared to the Court also, that settlement is less likely in the absence the Court’s
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assistance. Thus, the Court ORDERS:
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In advance of the further settlement conference, counsel SHALL consider the
p.m.;2
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The Court sets a further telephonic1 settlement conference on July 2, 2018 at 2:00
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following:
a.
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Whether they wish to commit to the ABA/BCBA services for a specific
period of time and whether they will commit to a specific attendance requirement for the student;
b.
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The attorney’s fees and costs incurred by the plaintiff to date.
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IT IS SO ORDERED.
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Dated:
June 22, 2018
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
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Either attorney or the parties may choose to appear in person provided they alert the Court of the intent to
do so.
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If this date is not convenient, counsel may select a different date—even an earlier date--provided the Court
is available.
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