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Orange County Health Care Agency v. Colleen Dodge and Wayne Miller For Themselves and On Behalf of Their Minor Child

UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA


April 18, 2012

ORANGE COUNTY HEALTH CARE AGENCY, PLAINTIFF
v.
COLLEEN DODGE AND WAYNE MILLER FOR THEMSELVES AND ON BEHALF OF THEIR MINOR CHILD, L.M, DEFENDANT COLLEEN DODGE AND WAYNE MILLER FOR THEMSELVES AND ON BEHALF OF THEIR MINOR CHILD, L.M., COUNTER CLAIMANTS
v.
ORANGE COUNTY HEALTH CARE AGENCY, DOES 1-9 COUNTER DEFENDANT

The opinion of the court was delivered by: Hon. Andrew J. Guilford United States District Judge

Judgment

This case raised the question of whether the minor student, L.M., the daughter of Defendants/Counter Plaintiff's Colleen Dodge and Wayne Miller, (together referred to as "the Family"), was provided a free and appropriate education under the Individuals with Disabilities Act ("IDEA"). Plaintiff/Counter Defendants, Orange County Health Care Agency ("OCHCA"). All parties appeared through counsel, as reflected by record as to the actions filed related to and underlying administrative hearing, OAH Case #2009110429. The Parties submitted on the papers and the Court did not find it necessary to hold a hearing. The Court issued an order on March 30, 2012, affirming the administrative law judge's decision in its entirety and awarding attorney fees to the Family in an amount totaling $57,819.85.

In accordance with the Court's March 30, 2012 Order, the Court hereby ENTERS JUDGMENT as follows:

1. The ALJ's decision is AFFIRMED in its entirety.

2. The Court GRANTS an award of attorney's fees to the Family in the amount of $30,819.85 for prevailing at the due process hearing.

3. The Court GRANTS an award of attorney fees in the amount of $27,000.00 to the Family for the current matter.

4. Thus the Court GRANTS a total award of attorney fees through September 12, 2011 of $57,819.85 to the Family.

The Court hereby orders the Orange County Health Care Agency to issue payment of the award, $57,819.85 (fifty-seven thousand eight hundred nineteen dollars and eighty-five cents) made payable to the "Law Offices of Kathleen M. Loyer, Inc., CLIENT TRUST ACCOUNT", within 10 days of entry of this judgment.

It is so ordered.

By:_____________________________

20120418

© 1992-2012 VersusLaw Inc.



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