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W.A., By and Through His Parents and Guardians Ad Litem, S.A. and J.A., and S.A. and J.A. Individually v. Patterson Joint Unified School District

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION


May 9, 2011

W.A., BY AND THROUGH HIS PARENTS AND GUARDIANS AD LITEM, S.A. AND J.A., AND S.A. AND J.A. INDIVIDUALLY,
PLAINTIFFS.
v.
PATTERSON JOINT UNIFIED SCHOOL DISTRICT, CARLI BRIONES, DAVE HODGE, AND DOES 1-10,
DEFENDANTS.

The opinion of the court was delivered by: Lawrence J. O'Neill United States District Judge

NOTICE OF MISSING DOCUMENT AND REQUEST TO AUGMENT THE ADMINISTRATIVE RECORD AND ORDER MSJ Hearing: June 27, 2011 Time: 8:30 a.m.

PROCEDURAL HISTORY

On November 2, 2009, Patterson Joint Unified School District (District) filed its due process complaint with the Office of Administrative Hearings (OAH). On November 4, 2009, W.A. filed his complaint with OAH. On November 30, 2009, OAH issued an order that consolidated the District's and W.A.'s complaints. A nine-day hearing was held on the matter on February 1-4, 8, 9, 16, 17, 2010, and March 3, 2010, before Administrative Law Judge (ALJ) Peter Paul Castillo. The ALJ found that Plaintiffs fully prevailed on two (2) issues and partially prevailed on nine (9) other issues.

On July 22, 2010, Plaintiffs filed the instant appeal, appealing all the issues that Plaintiffs did not fully prevail on at OAH. On April 8, 2011, Defendants filed the OAH administrative record on appeal in paper format with the Court's acknowledgement of receipt on April 13. The OAH administrative record consists of ten transcripts and over 2500 pages of exhibits and pleadings. On April 29, 2011, pursuant to this Court's scheduling order, Plaintiffs' filed their Motion for Summary Judgment outlining the issues appealed and the Motion is scheduled for a hearing on June 27, 2011.

In reviewing this voluminous record, Plaintiffs determined that one document admitted at OAH was missing. The missing document is an unsigned behavior support plan letter from Mr. Hodge to S.A. dated August 8, 2007. (Loughrey Dec. §3) This document was initially offered by Respondent/Defendants on the second day of hearing and was initially excluded by the ALJ sustaining Petitioner/Plaintiffs' objection because it was not disclosed in any record request or with the exhibits for hearing. (Loughrey Dec. §4) On March 3, 2010, Plaintiffs requested the document be admitted to show Respondent/Defendants' had notice of the behavior issues earlier than they claimed. (Loughrey Dec. §5) The document submitted is redacted.

REQUEST TO AUGMENT RECORD TO INCLUDE MISSING EXHIBIT

(Loughrey Dec. §6) Defendants have been advised of this missing document and have not voiced an objection of its inclusion in the record. (Loughrey Dec. §7) Therefore, Plaintiffs request the missing document, the August 8, 2007 behavior support plan, be included in the administrative record on appeal to ensure the record is complete.

Respectfully Requested,

Dated: May 6, 2011 /s/Tamara Loughrey Tamara Loughrey Attorney for Plaintiffs

ORDER

Good cause appearing, Plaintiffs' request to augment the record with the missing OAH document (redacted) to complete the OAH administrative record on appeal is granted. The missing document, the August 8, 2007 behavior support plan, will be included in the record on appeal.

IT IS SO ORDERED.

20110509

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