J.M. v. Vacaville Unified School District

Filing 11

ORDER signed by Judge Lawrence K. Karlton on 6/7/07 GRANTING plaintiff's 3 MOTION for TEMPORARY RESTRAINING ORDER. A Preliminary Injunction is hereby ISSUED, enjoining Distict from graduating plaintiff. The Preliminary Injunction shall last on ly so long as necessary for the Office Adminstrative Hearings to resolve and dispose of plaintiff's underlying due process Complaint and Request for a "Stay Put" Order. Either party may request further hearing upon properly noticed Motions.(Marciel, M)

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J.M. v. Vacaville Unified School District Doc. 11 Case 2:07-cv-01071-LKK-GGH Document 11 Filed 06/07/2007 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 Plaintiffs, 12 v. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 were for VACAVILLE UNIFIED SCHOOL DISTRICT, Defendant. / Plaintiff, J.M., a minor, seeks a temporary restraining order a "stay put" order pursuant to Section 1415(j) of the ORDER J.M., a minor, by and through her parents, J.M. and D.M., NO. CIV. S-07-1071 LKK/GGH UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA Individuals with Disabilities in Education Act of 2004 ("IDEA"). Plaintiff seeks to prevent defendant, Vacaville Unified School District ("District"), from graduating plaintiff, thereby terminating the special education services plaintiff has been receiving. A hearing on the motion occurred on June 7, 2007. All parties present. At the hearing, the parties agreed that a preliminary injunction was appropriate, rather than a temporary 1 Dockets.Justia.com Case 2:07-cv-01071-LKK-GGH Document 11 Filed 06/07/2007 Page 2 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 restraining order. Upon consideration and after oral argument, the court orders as follows: 1. A Preliminary Injunction is hereby issued, enjoining the District from graduating plaintiff; 2. The Preliminary Injunction shall last only so long as necessary for the Office of Administrative Hearings to resolve and dispose of plaintiff's underlying due process complaint and request for a "stay put" order; 3. Either party may request a further hearing upon properly noticed motions. IT IS SO ORDERED. DATED: June 7, 2007. 2

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