I S et al v. Munster School Town of et al

Filing 109

OPINION AND ORDER: Court ORDERS both parties to file a brief by 1/5/2015, as outlined in the Opinion and Order re 107 Motion for Attorney Fees and Costs. Signed by Judge Jon E DeGuilio on 12/16/2014. (tc)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
HAMMOND DIVISION
I.S., by his Parents and Next Friends,
RICHARD and CHRISTINA SEPIOL
Plaintiff,
v.
SCHOOL TOWN OF MUNSTER, et al.,
Defendants.

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Case No. 2:11-CV-160 JD

OPINION AND ORDER
On September 10, 2014 this Court remanded this case to the Indiana Department of
Education to determine the amount of reimbursement I.S. should receive for his attendance at
Hyde Park Day School, as compensation for the Defendant’s failure to provide a free appropriate
public education as required by the Individuals with Disabilities in Education Act. Plaintiff
subsequently moved for an award of attorneys’ fees pursuant to 20 U.S.C. § 1415(i)(3)(B)(i)(I).
[DE 107]. Plaintiff estimates that he has incurred attorneys’ fees of about $66,000 so far, but
because this matter is now continuing on remand before the state agency, Plaintiff prefers to wait
until those proceedings have concluded before documenting the total amount of fees.
Under the IDEA, “In any action or proceeding brought under this section, the court, in its
discretion, may award reasonable attorneys’ fees as part of the costs . . . to a prevailing party who
is the parent of a child with a disability.” 20 U.S.C. § 1415(i)(3)(B)(i)(I). Having secured a
remand of this action for further proceedings, Plaintiff likely qualifies as a prevailing party so as
to be entitled to at least certain attorneys’ fees. However, Plaintiff apparently intends to seek not
only the fees incurred up through the judgment in this action, but those incurred after judgment
while pursuing the matter on remand as well. Plaintiff thus requests that the Court wait until

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those proceedings have concluded before requiring him to submit and support his specific fee
petition. Defendant reserves the right to object to any specific fees sought, but agrees with
Plaintiff that the Court should wait until the administrative proceedings have concluded before
deciding any motion for attorneys.
However, these requests assume that the Court has continuing jurisdiction in this case to
award attorneys’ fees incurred on remand after entry of judgment in this matter, and neither party
has cited any authority for that proposition. While the IDEA authorizes parties to recover
attorneys’ fees incurred during administrative proceedings, 20 U.S.C. § 1415(i)(3)(B)(i)(I); 511
Ind. Admin. Code 7-45-11(a), it may be that Plaintiff needs to recover those fees on remand
through a subsequent action.
Because the parties did not expressly address this issue in their filings, the Court
ORDERS both parties to file a brief by January 5, 2015, not to exceed 5 pages, as to whether the
Court has the authority to award attorneys’ fees incurred on remand after judgment in this action.
If that is not the case, the Court will likely direct the parties to brief the amount of attorneys’ fees
awardable through the conclusion of the instant action, without waiting for the proceedings on
remand to conclude.
SO ORDERED.
ENTERED: December 16, 2014

/s/ JON E. DEGUILIO
Judge
United States District Court

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