A. v. Rocklin Unified School District

Filing 82

ORDER denying Plaintiff's 77 Motion for Attorney Fees signed by Senior Judge Ronald S.W. Lew on 09/11/2009. (Narcisse, M)

1 2 3 4 5 6 7 8 9 10 11 JOSHUA A., A minor, By and Through JORGE A., Guardian 12 Ad Litem, 13 14 15 17 18 19 v. Plaintiff, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) NO. 2:07-CV-01057 LEW ORDER DENYING PLAINTIFF'S MOTION FOR ATTORNEYS' FEES PURSUANT TO STATUTE [20 U.S.C. § 1415(i)(3)(B)] [77] UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

ROCKLIN UNIFIED SCHOOL 16 DISTRICT and DOES 1-25, Defendants.

Plaintiff's Motion for Attorneys' Fees Pursuant to Having taken the matter

20 Statute [20 U.S.C. § 1415(i)(3)(B)] [77] was set for 21 hearing on September 9, 2009. 22 under submission on August 27, 2009, and having 23 reviewed all papers submitted pertaining to this 24 motion, the Court NOW FINDS AND RULES AS FOLLOWS: 25 Plaintiff does not qualify as a "prevailing party" Plaintiff's success 26 under Section 1415(i)(3)(B) of the Individuals with 27 Disabilities Education Act (IDEA).
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28 on the stay put issue only provided Plaintiff temporary

1 relief during the pendency of the dispute and, thus, 2 did not alter the legal relationship of the parties as 3 is required to grant Plaintiff "prevailing party" 4 status. 6 7 IT IS SO ORDERED. 8 9 DATED: September 11, 2009 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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Accordingly, Plaintiff's Motion for Attorneys'

5 Fees is DENIED.

HONORABLE RONALD S.W. LEW Senior, U.S. District Court Judge