AC et al v. DISTRICT OF COLUMBIA

Filing 36

MEMORANDUM adopting in part 32 the United States' Magistrate Judge's Report and Recommendation regarding 11 Plaintiff's Motion for Summary Judgment. Signed by Judge Henry H. Kennedy, Jr. on December 15, 2009. (NP)

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

A.C., a minor, by his mother and next friend, DEBORAH CLARK, et al. Plaintiffs, v. DISTRICT OF COLUMBIA, Defendant. MEMORANDUM This case involves forty aggregate claims by twenty-six plaintiffs for reimbursement of their attorneys' fees and costs under the Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C. § 1415(i)(3)(B)(i). Plaintiffs assert that they are entitled to the attorneys' fees and costs they incurred as prevailing parties in numerous administrative proceedings against the District of Columbia Public Schools before the Student Hearings Office. Before the Court is plaintiffs' motion for summary judgment [#11] which was referred to Magistrate Judge Alan Kay for his report and recommendation pursuant to LCvR 72.3. The Magistrate Judge recommends an award of attorneys' fees of $389,438.44 and $2,071.00 for costs. Having considered the Magistrate Judge's Report and Recommendation, the record of the case, and the submissions of the parties, including the District of Columbia's objections to the Report and Recommendation, the Court largely adopts the Magistrate Judge's Report and Recommendation. Essentially for the reasons set forth in the District's objections to the Report Civil Action 06-00439 (HHK)

and Recommendation, however, the Court concludes that plaintiffs are entitled to $331,542.19 in attorneys' fees plus costs in the amount of $2,071.00. An appropriate order accompanies this memorandum.

Henry H. Kennedy, Jr. United States District Judge

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