A.B. v. Westonka Independent School District 277

Filing 27

ORDER ON REPORT AND RECOMMENDATION. IT IS HEREBY ORDERED that: 1. The Report and Recommendation is ADOPTED 24 ; 2. Defendant's Motion for Judgment on the Pleadings 15 is GRANTED, and 3. This case is DISMISSED WITH PREJUDICE. LET JUDGMENT BE ENTERED ACCORDINGLY. (Written Opinion). Signed by Chief Judge Michael J. Davis on 1/26/15. (GRR)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

A.B., by and through his parents and
natural guardians Z. Jill Barclift and
Adolph Barclift,
Plaintiffs,
v.

Civil No. 14-0466 (MJD/HB)

ORDER ON REPORT
AND RECOMMENDATION

Westonka Independent School District
277,
Defendant.

The above-entitled matter came before the Court upon the Report and
Recommendation of the United States Magistrate Judge. Plaintiffs object to the
Magistrate Judge’s finding that no exception to the exhaustion of administrative
remedies requirement under the Individuals With Disabilities Education Act
(“IDEA”) applies in this case.
Pursuant to statute, the Court has conducted a de novo review of the
record. 28 U.S.C. § 636(b)(1); Local Rule 72.2(b). Based on the Court’s de novo
review the Court will adopt the Report and Recommendation and affirm the
Order.

IT IS HEREBY ORDERED that:
1.

The Report and Recommendation is ADOPTED;

2.

Defendant’s Motion for Judgment on the Pleadings [Doc. No.
15] is GRANTED, and

3.

This case is DISMISSED WITH PREJUDICE.

LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: January 26, 2015

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

2