Roe et al v. Berkeley Unified School District

Filing 28

ORDER granting preliminary injunctive relief. Signed by Judge Thelton E. Henderson on 09/01/15. (tehlc3, COURT STAFF) (Filed on 9/1/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JOHN ROE, et al.,
Plaintiffs,

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Case No. 15-cv-03871-TEH

v.
BERKELEY UNIFIED SCHOOL
DISTRICT,

ORDER GRANTING
PRELIMINARY INJUNCTIVE
RELIEF

Defendant.
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United States District Court
Northern District of California

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This matter came before the Court on September 1, 2015, on Plaintiffs’ motion for

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a preliminary injunction. Having considered the parties’ written and oral arguments, the

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Court now GRANTS Plaintiffs’ request for preliminary injunctive relief. Defendant

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Berkeley Unified School District shall allow Plaintiff Jason Roe to begin the 2015-16

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academic year at Malcolm X Elementary School. This injunction shall remain in effect

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only until either (a) the parties agree on the student’s placement, either before or after an

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IEP meeting is held, or (b) an administrative law judge has rendered a decision on

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Plaintiffs’ request for due process, which Plaintiffs shall file within the next seven days.

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The parties shall file a joint statement notifying the Court within seven days of

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either of these conditions being satisfied. The joint statement shall also include the parties’

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positions on whether the case should be dismissed or, if not, what issues remain to be

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resolved and the parties’ proposed schedule for resolving those issues.

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IT IS SO ORDERED.

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Dated: 09/01/15

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THELTON E. HENDERSON
United States District Judge