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A.P. v. Glendale Unified School District

United States District Court, C.D. California

April 17, 2017

A.P., a minor, by and through his guardian ad litem, C.P., Plaintiff,
v.
GLENDALE UNIFIED SCHOOL DISTRICT, AND DOES 1-10 inclusive, Defendants.

          JUDGMENT

          GEORGE H. WU, U.S. DISTRICT JUDGE

         Defendant GLENDALE UNIFIED SCHOOL DISTRICT's (the “School District”) Motion for Summary Judgment/Partial Summary Judgment as to Plaintiff's, A.P., claims under the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, the Unruh Civil Rights Act, Article I, Section 7(A) of the California Constitution, Article IX, Section 1 and 5 of the California Constitution, and Negligence was heard on March 20, 2017. Surisa Rivers, Esq., appeared for Plaintiff, A.P. Nancy Doumanian, Esq., appeared for Defendant.

         After considering the moving, opposition, and reply briefs, the evidence submitted by the parties and the arguments presented by the parties' respective counsel, this Court finds that:

1. That there are no triable issues of material fact and that Defendant is entitled to Partial Summary Judgment as a matter of law because the August 13, 2015 Settlement Agreement entered into by Plaintiff and the School District expressly waives and releases all the allegations, claims, and causes of action raised in Plaintiff's Complaint other than the state law claims which are the Third and Sixth cause of action.
2. On March 22, 2017, the Court issued a Minute Order requesting briefing on the following issue: whether the Court should exercise its discretion to maintain jurisdiction over the two remaining state law claims, or whether it should instead invoke 28 U.S.C. Section 1367(c)(3) to decline continuing supplemental jurisdiction and dismiss those claims without prejudice, allowing Plaintiff to refile them in state court? Attached hereto as Exhibit “A” is a true and correct copy of the Court's Order granting this motion and the Court's request for additional briefing on Supplemental Jurisdiction.
3. On April 17, 2017, the Court issued a final Order declining to exercise its discretion to maintain supplemental jurisdiction and dismissing the remaining state law claims without prejudice. Attached as ExhibitB” is a true and correct copy of the Court's Ruling on this subject.
4. The Court therefor Orders that Judgment be entered against Plaintiff A.P., and in favor of Defendant Glendale Unified School District. Defendant shall be entitled to recover its costs and attorney's fees where permitted by statute.

         GOOD CAUSE APPEARING THEREFOR, IT IS SO ORDERED.

         Date 03/22/17

         EXHIBIT A

         CIVIL MINUTES - GENERAL

         Present: The Honorable GEORGE H. WU, UNITED STATES DISTRICT JUDGE

         PROCEEDINGS (IN CHAMBERS): ORDER CONFIRMING TENTATIVE RULING AND REQUESTING SUPPLEMENTAL JURISDICTIONAL BRIEFING

         With the following further comments, the Court confirms the tentative ruling issued on March 20, 2017 - as to the motion for partial summary judgment filed by defendant Glendale Unified School District ("Defendant") - and adopts it as the Court's final ruling. As counsel for plaintiff A.P., a minor, by and through his guardian ad litem, C.P. ("Plaintiff) referenced at the 3/20/17 oral argument, the Court sustained objections to Plaintiffs evidentiaiy submissions filed in connection with the earlier summary judgment motion in this case. The Court did so in part because consideration of that evidence was unnecessary due to the fact that Defendant could not prevail on that motion. See Docket No. 44, at pg. 3 of 7 n.l ("Future consideration of the issue of the release may or may not make appropriate consideration of some of the evidentiaiy material the Court has presently excluded from its consideration ...


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