DOE v. REGIONAL SCHOOL UNIT 21

Filing 88

ORDER AFFIRMING RECOMMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW adopting, except with respect to the prevailing party statement, Report and Recommended Decision re 66 Report and Recommendations. By JUDGE D. BROCK HORNBY. (mnw)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
JANE DOE, individually and as
next friend of JOHN DOE,
a minor,
PLAINTIFF

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v.
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REGIONAL SCHOOL UNIT NO. 21, )
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DEFENDANT

NO. 2:11-cv-025-DBH

ORDER AFFIRMING RECOMMENDED FINDINGS OF FACT
AND CONCLUSIONS OF LAW
On July 31, 2012, the United States Magistrate Judge filed with the
court, with copies to counsel, his Recommended Findings of Fact and
Conclusions of Law.

The defendant filed an objection to the Recommended

Decision on August 10, 2012, and the plaintiff filed a partial objection on
August 17, 2012. Oral argument was held on February 28, 2013.
I have reviewed and considered the Recommended Findings of Fact and
Conclusions of Law, together with the entire record; I have made a de novo
determination of all matters adjudicated by the Recommended Decision. To be
clear, like the Magistrate Judge, I do not read the Hearing Officer’s decision or
her ruling on the motion to amend as taking away any rights of the plaintiff.
The plaintiff remained free to challenge the school’s placement decision after

the functional behavior assessment and formal behavioral intervention plan
were completed.
I do not, however, adopt the Magistrate Judge’s statement at ¶ 42 that
the plaintiff will not be able so to contend that she is the prevailing party if I
adopt the Recommended Decision.

Prevailing party status remains to be

decided, once the parties argue the issue, if the plaintiff moves hereafter for
attorney fees in accordance with Local Rule 54.2.
Otherwise, I concur with the recommendations of the United States
Magistrate Judge for the reasons set forth in the Recommended Findings of
Fact and Conclusions of Law, and determine that no further proceeding is
necessary.
It is therefore ORDERED that the Recommended Findings of Fact and
Conclusions of Law of the Magistrate Judge is hereby ADOPTED, except with
respect to the prevailing party statement.

The plaintiff’s appeal and the

defendant’s counterclaim are DENIED.
SO ORDERED.
DATED THIS 4TH DAY OF MARCH, 2013
/S/D. BROCK HORNBY
D. BROCK HORNBY
UNITED STATES DISTRICT JUDGE

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