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Houston v. Encinitas Union School Dist.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


November 7, 2008

CLAUDIA HOUSTON, ET AL., PLAINTIFFS,
v.
ENCINITAS UNION SCHOOL DISTRICT, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Hayes, Judge

ORDER

The matter before the Court is the Ex Parte Application to Amend Factual Error in the Order; to Correct Harmful Clerical Error of 4/9/04; to Set Evidentiary Hearing Re: the Clerical Error and to Review Per 20 U.S.C. 1415(i) ("Ex Parte Application") (Doc. # 195).

The Ex Parte Application requests that the Court correct various factual errors in its May 27, 2008 Order (Doc. # 191). The Court has reviewed Plaintiffs' request, and concludes that the purported factual errors that Plaintiffs wish to correct have no bearing on the disposition of this action. The Ex Parte Application also requests that the Court set a hearing pursuant to 20 U.S.C. section 1415(i). However, on February 28, 2008, this Court issued an order dismissing the entire action without prejudice and directing the Clerk of the Court to enter judgment against Plaintiffs and in favor of Defendants (Doc. # 170), and the Clerk of the Court entered judgment dismissing the entire action without prejudice, and terminated the case (Doc. # 171). On May 27, 2008, the Court also issued an Order denying Plaintiffs' request for post-judgment relief pursuant to Rules 52, 59 and 60 of the Federal Rules of Civil Procedure. The case remains closed. In light of the foregoing, the Court denies Plaintiffs' request for an evidentiary hearing.

IT IS HEREBY ORDERED that the Ex Parte Application to Amend Factual Error in the Order; to Correct Harmful Clerical Error of 4/9/04; to Set Evidentiary Hearing Re: the Clerical Error and to Review Per 20 U.S.C. 1415(i) (Doc. # 195) is DENIED.

WILLIAM Q. HAYES United States District Judge

20081107

© 1992-2008 VersusLaw Inc.



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