I.E.C. v. Minneapolis Public Schools SSD No. 1 et al

Filing 49

ORDER. IT IS HEREBY ORDERED:1.The Court ADOPTS the Report and Recommendation of United States Magistrate Judge Brisbois dated June 24, 2013 46 . 2.Plaintiffs' motion for a declaratory judgment 27 is DENIED without prejudice.3.Defendants Minnesota Department of Education and Commissioner Brenda Cassellius' motion to dismiss 11 is GRANTED with prejudice.(Written Opinion). Signed by Chief Judge Michael J. Davis on 8/26/13. (GRR)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

I.E.C. on her own behalf and
by and through her Parent and
Natural Guardian, J.R.,
Plaintiffs,
v.

ORDER
Civil File No. 12-2997 (MJD/LIB)

MINNEAPOLIS PUBLIC SCHOOLS, SSD NO. 1,
MINNESOTA DEPARTMENT OF EDUCATION,
BRENDA CASSELLIUS,
Defendants.

Margaret O’Sullivan Kane, Kane Education Law, LLC, Counsel for Plaintiffs.
Laura Tubbs Booth, Booth & Lavorato LLC, Counsel for Defendant Minneapolis
Public Schools SSD No. 1.
Martha J. Casserly, Minnesota Attorney General’s Office, Counsel for Defendants
Minnesota Department of Education and Brenda Cassellius.

The above-entitled matter comes before the Court upon the Report and
Recommendation of United States Magistrate Judge Leo I. Brisbois dated June 24,
2013. [Docket No. 46] Plaintiffs I.E.C. and J.R. filed objections to the Report and
Recommendation. [Docket No. 47] Defendants Minnesota Department of
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Education and Brenda Cassellius responded to Plaintiffs’ objections. [Docket No.
48] Defendant Minneapolis Public Schools did not respond.
Pursuant to statute, the Court has conducted a de novo review upon the
record. 28 U.S.C. § 636(b)(1); Local Rule 72.2(b). Based upon that review, the
Court ADOPTS the Report and Recommendation of United States Magistrate
Judge Brisbois filed June 24, 2013.
Accordingly, based upon the files, records, and proceedings herein, IT IS
HEREBY ORDERED:
1. The Court ADOPTS the Report and Recommendation of United
States Magistrate Judge Brisbois dated June 24, 2013 [Docket No.
46].
2. Plaintiffs’ motion for a declaratory judgment [Docket No. 27] is
DENIED without prejudice.
3. Defendants Minnesota Department of Education and
Commissioner Brenda Cassellius’ motion to dismiss [Docket No.
11] is GRANTED with prejudice.

Dated: August 26, 2013

s/ Michael J. Davis
Michael J. Davis
Chief Judge
United States District Court

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