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I.K. v. Sylvan Union School District

February 1, 2010

I.K., ET AL., PLAINTIFF,
v.
SYLVAN UNION SCHOOL DISTRICT, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

SCHEDULING CONFERENCE ORDER MOTION TO SUPPLEMENT FILING DEADLINE: 2/11/10

ADMINISTRATIVE RECORD OPPOSITION TO MOTION TO SUPPLEMENT AR FILING DEADLINE: 2/25/10

REPLY RE MOTION TO SUPPLEMENT AR FILING DEADLINE: 3/3/10

HEARING DATE ON MOTION TO SUPPLEMENT AR: 3/15/10 10:00 Ctrm. 2 MOTION FOR SUMMARY JUDGMENT (MSJ) RE IDEA FILING DEADLINE: 3/15/10

OPPOSITION & ANY X-MSJ FILING DEADLINE: 4/9/10 REPLY RE: MSJ FILING DEADLINE: 4/19/10

OPPOSITION RE X-MSJ FILING DEADLINE: 4/23/10 REPLY RE X-MSJ FILING DEADLINE: 4/30/10

FURTHER SCHEDULING CONFERENCE: 6/17/10 8:15

Ctrm. 3

I. Date of Scheduling Conference. January 28, 2010.

III. Summary of Pleadings

1. This matter encompasses an appeal of an IDEA due process hearing that was heard before the Office of Administrative Hearings (OAH) and involves a dispute between student I.K. and his parents E.K. and M.K. ("Plaintiffs") and Sylvan Union School District regarding allegations by Plaintiffs that the District denied him a free and appropriate public education ("FAPE"). Except for one issue, the hearing concluded in favor of the District. Additionally, this matter encompasses a claim that District employees Russ Antracoli and Tracy Barries violated Plaintiffs' rights under 42 U.S.C. § 1983. The final claim is that the District violated Plaintiffs' rights under § 504 of the Rehabilitation Act. Sylvan Union School District, Russ Antracoli and Tracy Barries are referred to collectively as Defendants.

IV. Orders Re Amendments To Pleadings

1. The parties do not contemplate joining additional parties at this time.

2. Plaintiffs are currently reviewing documents disclosed by Defendants in response to discovery requests in the State court case between the parties. Based upon an initial review, Plaintiffs believe amendment may be necessary. Plaintiffs plan to make a final determination after completing the review and completing additional discovery.

V. Factual Summary

A. Admitted Facts Which Are Deemed Proven Without Further Proceedings

1. This suit is brought for I.K., a minor, by his parents Eliisa Kellberg, and Marco Kellberg.

2. At times relevant in the Complaint, I.K. was a student at Mary Ann Sanders Elementary School within the Sylvan Union School District.

3. Defendant, Sylvan Union School District, is a public entity within the meaning of California law.

4. At times relevant to this case, Russ Antracoli was the Principal of the elementary school.

5. At times relevant to this case, Tracy Barries was an instructional aid at the elementary school.

6. An IDEA due process hearing was heard before the California Office of Administrative Hearings commencing February 23, 2009. A ...


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