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A.M., A Minor, By and Through His Parents, David Marshall and Karla Marshall v. Monrovia Unified School District; West San Gabriel Special Education Local Planning Area

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


June 23, 2011

A.M., A MINOR, BY AND THROUGH HIS PARENTS, DAVID MARSHALL AND KARLA MARSHALL;
DAVID MARSHALL AND KARLA MARSHALL, ON THEIR OWN BEHALF, PLAINTIFFS,
v.
MONROVIA UNIFIED SCHOOL DISTRICT; WEST SAN GABRIEL SPECIAL EDUCATION LOCAL PLANNING AREA, DEFENDANTS.

The opinion of the court was delivered by: Honorable Ronald S.W. Lew Senior, U.S. District Court Judge

ORDER Re: Defendant's Motion for Attorney Fees [108]

Defendant Monrovia Unified School District's Motion for Attorney Fees was set for hearing on April 19, 2011 [108]. Having taken this matter under submission on April 18, 2011, and having reviewed all papers submitted pertaining to this Motion, the Court NOW FINDS AND RULES AS FOLLOWS:

Defendant's Motion for attorney fees is DENIED. The Court finds that Plaintiffs did not waive their claims for reimbursement of expenses during the underlying due process hearing in front of the Office of Administrative Hearings ("OAH") or during the pendency of this Action before this Court. Specifically, Plaintiffs adequately raised this claim for reimbursement of expenses and continuously pursued this claim during both the due process hearing and the subsequent proceedings before this Court. Therefore, the Court finds that Plaintiffs did not waive or abandon their claim for reimbursement of expenses. See Moubry by & through Moubry v. Indep. Sch. Dist. No. 696, 951 F. Supp. 867, 887 (D. Minn. 1996).

The Court also finds that Plaintiffs did not waive their claim for damages during the pendency of this Action before this Court,*fn1 as Plaintiffs sufficiently requested and sought damages throughout these proceedings. See All Alaskan Seafoods, Inc. v. Raychem Corp., 197 F.3d 992, 996 (9th Cir. 1999).

As such, the Court finds that this Action did not become moot upon the death of minor Plaintiff A.M. on January 22, 2008, as Plaintiffs had these claims for reimbursement of expenses and damages that survived the death of Plaintiff A.M. Therefore, the Court finds that an award of attorneys fees is not warranted here under the Individuals with Disabilities Education Act. See 20 U.S.C. § 1415(i)(3)(B)(i)(II).

IT IS SO ORDERED.


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