L.S. et al v. Calhan School District RJ-1 et al

Filing 52

ORDER denying as moot 20 Plaintiff's Motion for Summary Judgment. Denying as moot 31 Plaintiff's Motion for Summary Judgment on Defendant's Counterclaim. Denying as moot 32 Defendant's Motion for Judgment on the Administrati ve Record and Brief in Support. Denying without prejudice 44 Plaintiff's Corrected Motion for Summary Judgment on Defendant's Counterclaim. Denying without prejudice 45 Defendant's Amended Motion for Judgment on the Administrative Record and Brief in Support, by Judge Lewis T. Babcock on 2/16/2016. (ebuch)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
LEWIS T. BABCOCK, JUDGE
Civil Action No. 15-cv-00426-LTB-MJW
L.S., by and through his parents and next friends, E.S. & J.S.,
Plaintiff,
v.
CALHAN SCHOOL DISTRICT RJ-1 and
PIKES PEAK BOARD OF COOPERATIVE EDUCATIONAL SERVICES (BOCES),
Defendants.
______________________________________________________________________________
ORDER
______________________________________________________________________________
On November 11, 2015, I granted the parties’ Joint Motion for Order Regarding the
Administrative Record and for Extension of Time to Respond to Dispositive Motions [Doc #37]
in which I ordered the Colorado Department of Education (CDE) to forward the administrative
record in this matter, and to number the entire record sequentially to facilitate uniform citations.
In so doing, I directed both parties to submit their pending dispositive motions with citations
amended to reflect the uniform CDE administrative record. [Doc #38] Both the CDE and the
parties have complied with this order.
Accordingly, I DENY AS MOOT the following dispositive motions filed by the parties
prior to the submission of the uniform administrative record by the CDE:
1) Plaintiff’s Motion for Summary Judgment [Doc #20];
2) Plaintiff’s Motion for Summary Judgment on Defendant’s Counterclaim [Doc #31]; &
3) Defendant’s Motion for Judgment on the Administrative Record and Brief in Support
[Doc #32]

In addition, on February 11, 2016, I granted in part Defendant’s Motion to Submit
Additional Evidence and Brief in Support [Doc #30] and I ruled that Defendant would be
allowed to present additional evidence, and Plaintiff would be allowed to present rebuttal
evidence, at an evidentiary hearing. [Doc #51]
Accordingly, I DENY WITHOUT PREJUDICE the following pending dispositive
motions, to be amended and re-filed, if appropriate, following the evidentiary hearing:
1) Plaintiff’s Corrected Motion for Summary Judgment on Defendant’s Counterclaim
[Doc #44]; &
2) Defendant’s Amended Motion for Judgment on the Administrative Record and Brief
in Support [Doc #45].

Dated: February

16 , 2016, in Denver, Colorado.

BY THE COURT:

s/Lewis T. Babcock
LEWIS T. BABCOCK, JUDGE

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