The opinion of the court was delivered by: Judge Phyllis J. Hamilton United States District Judge
STIPULATION TO EXTEND TIME TO FILE MOTION FOR ATTORNEYS FEES; [PROPOSED] ORDER
Plaintiff A.B. (Plaintiff) and defendant San Francisco Unified School District ("District") hereby provide this Court with the following Stipulation and Proposed Order to extend the time for Plaintiff to file a motion for attorneys fees in connection with this action as follows:
WHEREAS, on October 30, 2008, the Court granted Defendant's Motion for Summary Judgment and denied Plaintiff's Motion for Summary Judgment;
WHEREAS, on November 5, 2008, Judgment was entered on behalf of Defendant;
WHEREAS, Plaintiff intends to file a Motion for Attorneys Fees pursuant to Federal Rules of Civil Procedure Rule 54and pursuant to the Individuals with Disabilities Education Act (20 U.S.C. §1400 et seq. and the California Education Code to recover fees on those issues on which he prevailed in the underlying administrative proceeding;
WHEREAS, the parties wish to take the opportunity to attempt to resolve the issue of attorney fees from the underlying proceeding prior to expending judicial resources on the matter;
The parties hereby STIPULATE that
1. If Plaintiff does not file an appeal of the judgment in this matter, Plaintiff will have until January 30, 2009 to file a Motion for Attorneys Fees related to the underlying due process hearing;
2. Defendant will file its Opposition by February 25, 2009;
3. Plaintiff will file his Reply by March 4, 2009; and
4. Hearing on the Motion will be held on March 18, 2008.
DATED: November 10, 2008 By: Roberta Savage Roberta Savage, Attorneys for Plaintiff, A.B.
DATED: November 10, 2008 FAGEN FRIEDMAN & FULFROST, LLP By: Kimberly A. Smith Kimberly A. Smith Attorneys for Defendant, SAN FRANCISCO UNIFIED SCHOOL DISTRICT I, Kimberly A. Smith, am the ECF User whose ID and password are being used to file this STIPULATION TO EXTEND TIME TO FILE MOTION FOR ATTORNEYS FEES. In compliance with General Order 45, X.B., I hereby attest that Roberta Savage has concurred in this filing.
DATED: November 10, 2008 FAGEN FRIEDMAN & FULFROST, LLP By: Kimberly A. Smith Kimberly A. Smith Attorneys for Defendant, ...