A.W. v. Tehachapi Unified School District

Filing 31

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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 A.W. (A minor, by and through his parent and guardian ad litem, AMY WRIGHT) 12 Plaintiff, 13 v. 14 15 TEHACHAPI UNIFIED SCHOOL DISTRICT, et al., 16 Defendants. ) ) ) ) ) ) ) ) ) Case No.: 1:17-cv-00854 DAD JLT ORDER AFTER SETTLEMENT CONFERENCE; ORDER SETTING FURTHER SETTLEMENT CONFERENCE 17 18 The Court held a settlement conference in this case on June 21, 2018. Despite that it 19 appeared before the conference that the case was not in a settlement posture, it became apparent at 20 the conference that the parties may be able to come to terms of agreement. The parties agreed in 21 principle that if settlement can be achieved, it would include: 1.) provision of ABA services with 22 BCBA supervision until the entirety of the IEP team, including the parents, agrees to terminate or, 23 if the parents do not agree, that the District will seek a due process hearing; 2.) the plaintiff’s 24 attorney’s fees and costs in an amount lower than the amount last offered; 3.) that the Court would 25 retain jurisdiction to enforce the settlement agreement; and 4.) that the settlement is of this case 26 only. It appeared to the Court also, that settlement is less likely in the absence the Court’s 27 assistance. Thus, the Court ORDERS: 28 /// 1 1. 2 In advance of the further settlement conference, counsel SHALL consider the p.m.;2 3 4 The Court sets a further telephonic1 settlement conference on July 2, 2018 at 2:00 2. 1 following: a. 5 6 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. 7 The attorney’s fees and costs incurred by the plaintiff to date. 8 9 IT IS SO ORDERED. 10 Dated: June 22, 2018 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 Either attorney or the parties may choose to appear in person provided they alert the Court of the intent to do so. 2 If this date is not convenient, counsel may select a different date—even an earlier date--provided the Court is available. 2

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