Sacramento City Unified School District v. Harlan et al

Filing 45

JUDGMENT ON IDEA CLAIMS signed by District Judge Troy L. Nunley on 2/22/2017 ORDERING that Defendants/Counterclaimants are the prevailing party with respect to both Plaintiff's claim under IDEA and Defendants/Counterclaimant's first cause o f action under the IDEA; on Issues 1(a) and 1(b) in the underlying administrative decision in OAH Case No. 2013100405; Defendants/Counterclaimants are entitled to reimbursement of their costs associated with R.H.'s placement at Falcon Ridge; Def endants/Counterclaimants are entitled to reasonable attorneys' fees and costs incurred in connection both with the underlying administrative action and this action. The Clerk of Court shall release the deposit made to the Court by Plaintiff on 7 /2/2014, in the amount of $111,368.75. Within thirty (30) days of the release of the funds by the Court, Plaintiff shall Reimburse Defendant/Counterclaimant K.H. in the amount of $45,400; Reimburse Defendant/Counterclaimant J.H. in the amou nt of $45,946; Pay Defendant/Counterclaimant K.H. interest in the amount of $3,105.04; Pay Defendants/Counterclaimants' reasonable attorneys' fees and costs associated with the underlying administrative proceeding before OAH and this action, in the amount of $152,500, to Ruderman & Knox, LLP. (cc: Financial) (Zignago, K.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO CITY UNIFIED
SCHOOL DISTRICT,

No. 2:14-cv-01549-TLN-DB
JUDGMENT ON IDEA CLAIMS

Plaintiff,

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v.

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R.H., by and through her Guardians ad
litem, J.H. and K.H., and J.H. and K.H.,
Individually,

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Defendants,

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R.H., by and through her Guardians ad
litem, J.H. and K.H., and J.H. and K.H.,
Individually,
Counterclaimants,

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v.
SACRAMENTO CITY UNIFIED
SCHOOL DISTRICT,

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Counterclaim Defendants.

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The Court’s Opinion dated October 7, 2016 (ECF Doc. 32) disposed of the parties’

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respective claim and counter-claims under the Individuals with Disabilities Education Act

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(“IDEA”) in the favor of Defendants/Counterclaimants R.H. et al.

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(“Defendants/Counterclaimants”). Said disposition affirmed those parts of the underlying

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May 23, 2014 decision in California Office of Administrative Hearing (“OAH”) Case No.

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2013100405 at issue in this litigation.

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Although Defendants/Counterclaimants’ counterclaims against Plaintiff/Defendant

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Sacramento City Unified School District (“Plaintiff”) under Section 504 remain at issue,

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there is no just reason for delay of judgment on the IDEA causes of action.

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Based upon the Court’s October 7, 2016 opinion, Plaintiff does not oppose the terms

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of this Proposed Judgment and has agreed not to appeal the Proposed Judgment if entered

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as proposed.

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Upon Plaintiff’s satisfaction of the Judgment, the Parties have agreed to execute a

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stipulation pursuant to Rule 41 of the Federal Rules of Civil Procedure, dismissing the

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remaining 504 claims in this matter with prejudice.

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Now therefore, it is ORDERED, that:

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1.

Defendants/Counterclaimants are the prevailing party with respect to both

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Plaintiff’s claim under IDEA and Defendants/Counterclaimant’s first cause of action under

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the IDEA;

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2.

Defendants/Counterclaimants were the prevailing party on Issues 1(a) and

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1(b) in the underlying administrative decision in OAH Case No. 2013100405, which also

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arose under the IDEA;

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3.

Defendants/Counterclaimants are entitled to reimbursement of their costs

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associated with R.H.’s placement at Falcon Ridge, as ordered by the Administrative Law

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Judge in the underlying administrative decision in OAH Case No. 2013100405;

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4.

That based upon the above, Defendants/Counterclaimants are entitled to

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reasonable attorneys’ fees and costs incurred in connection both with the underlying

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administrative action and this action.

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Having reviewed the attached Declaration of Colleen Snyder and exhibits evidencing

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proof of payment by Defendants/Counterclaimants J.H. and K.H., and GOOD CAUSE

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APPEARING,

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IT IS HEREBY ORDERED AND ADJUDGED, that:

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1) The Clerk of Court shall release the deposit made to the Court by Plaintiff on July 2,

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2014, in the amount of $111,368.75. The deposit shall be released to

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Defendants/Counterclaimants, R.H., J.H. and K.H. through their attorneys Rudman

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& Knox, LLP, to be applied toward satisfaction of the Judgment;

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2) Within thirty (30) days of the release of the funds by the Court, Plaintiff shall:
a. Reimburse Defendant/Counterclaimant K.H. in the amount of $45,400, for

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the cost of tuition and travel associated with R.H.’s placement during the

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2013-2014 school year, including extended school year;

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b. Reimburse Defendant/Counterclaimant J.H. in the amount of $45,946, for the

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cost of tuition and travel associated with R.H.’s placement during the 2013-

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2014 school year, including extended school year;

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c. Pay Defendant/Counterclaimant K.H. interest in the amount of $3,105.04;
and
d. Pay Defendants/Counterclaimants’ reasonable attorneys’ fees and costs

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associated with the underlying administrative proceeding before OAH and

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this action, in the amount of $152,500, to Ruderman & Knox, LLP.

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IT IS SO ORDERED.

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Dated: February 22, 2017

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Troy L. Nunley
United States District Judge

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