D.F. v. Sacramento City Unified School District

Filing 12

ORDER signed by Judge Garland E. Burrell, Jr on 5/14/13 STRIKING 1 Motion for Attorney Fees. CASE CLOSED. (Manzer, C)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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D.F., a minor, by and through
her parent,

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Plaintiff,
v.

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SACRAMENTO CITY UNIFIED SCHOOL
DISTRICT,

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Defendant.
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2:13-mc-00030-GEB-KJN
ORDER STRIKING MOTION

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Pending is Plaintiff’s motion for attorneys’ fees; however,

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this motion is stricken since a civil action has not been appropriately

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commenced because Plaintiff neither filed a complaint nor paid the

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statutory filing fee for civil actions. “A civil action is commenced by

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filing a complaint with the court.” Fed. R. Civ. P. 3. “This rule

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governs the commencement of all actions” and mandates that “the first

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step in an action is the filing of the complaint.” Fed. R. Civ. P. 3

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advisory committee’s note. Further, “parties instituting any civil

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action” must pay the applicable filing fee. 28 U.S.C. § 1914(a); see ,

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e.g., J.A.A.H. v. Modesto City Sch., No. 1-08-cv-01465-LJO-DLB, 2009 WL

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55951, at *1 (E.D. Cal. Jan. 6, 2009) (commencing attorneys’ fees action

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under the Individuals with Disabilities Education Act through the filing

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of a complaint and the payment of the full statutory filing fee for

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civil actions).

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Therefore, Plaintiff’s motion for attorneys’ fees (ECF No. 1)

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is stricken, and the Clerk of the Court is directed to close this

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miscellaneous matter.

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Dated:

May 14, 2013

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GARLAND E. BURRELL, JR.
Senior United States District Judge

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