Bratset v. Davis Joint Unified School District et al
Filing
75
ORDER signed by District Judge Garland E. Burrell, Jr. on 1/31/2018 FINDINGS AND RECOMMENDATIONS 73 are ADOPTED in FULL; Davis Joint Unified School District is DISMISSED from this action without prejudice; Defendant's 55 Motion to Dismiss is GRANTED in PART and DENIED in PART; Plaintiff Laura Bratset is permitted to proceed on her claims under the IDEA; Defendant WJUSD's motion to dismiss the second amended complaint's challenge to the 12/8/2015 OAH decision is DENIED; all oth er claims found in the second amended complaint asserted against defendant WJUSD are DISMISSED without leave to amend; and Defendant WJUSD shall file an answer to the second amended complaint's challenge to the 12/8/2015 OAH decision within 14 days of the date of this order.(Reader, L)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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LAURA BRATSET, et al.,
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Plaintiffs,
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No. 2:16-cv-0035 GEB DB PS
v.
ORDER
DAVIS JOINT UNIFIED SCHOOL
DISTRICT, et al.,
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Defendants.
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Plaintiff is proceeding pro se with the above-entitled action. The matter was referred to a
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United States Magistrate Judge pursuant to Local Rule 302(c)(21).
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On December 19, 2017, the magistrate judge filed findings and recommendations herein
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which were served on all parties and which contained notice to all parties that any objections to
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the findings and recommendations were to be filed within fourteen days after service of the
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findings and recommendations. Defendant Winters Joint Unified School District has filed
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objections to the findings and recommendations.
The court has reviewed the file and finds the findings and recommendations to be
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supported by the record and by the magistrate judge’s analysis.
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Accordingly, IT IS HEREBY ORDERED that:
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1. The findings and recommendations filed December 19, 2017 (ECF No. 73) are adopted
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in full;
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2. Defendant DJUSD is dismissed from this action without prejudice;
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3. Defendant WJUSD’s May 19, 2017 motion to dismiss (ECF No. 55) is granted in part
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and denied in part;
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4. Plaintiff Laura Bratset is permitted to proceed on her claims under the IDEA;
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5. Defendant WJUSD’s motion to dismiss the second amended complaint’s challenge to
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the December 8, 2015 OAH decision is denied;
6. All other claims found in the second amended complaint asserted against defendant
WJUSD are dismissed without leave to amend; and
7. Defendant WJUSD shall file an answer to the second amended complaint’s challenge
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to the December 8, 2015 OAH decision within fourteen days of the date of this order.
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Dated: January 31, 2018
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/bratset0035.jo
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