J.L.N., By and Through His Guardian Ad Litem Jose Nunez v. Grossmont Union High School District
Published: Dec. 27, 2019 | Result Date: Sep. 30, 2019 |Case number: 17-cv-2097-L-MDD Summary Judgment – Defense
Judge
Court
USDC Southern District of California
Attorneys
Plaintiff
Ashok J. Pathi
(Law Office of Schwartz & Storey)
Matthew H. Storey
(Law Office of Schwartz & Storey)
Defendant
Sarah L. Sutherland
(Orbach, Huff & Henderson LLP)
Sue Ann S. Evans
(Dannis Woliver Kelley)
Meagan M. Kinsey
(Dannis Woliver Kelley)
Facts
Plaintiff, a native spanish speaker, was a high school student with a learning disability and speech impairment. The district in which plaintiff lived in created individualized special education programs, which plaintiff attended. Plaintiff filed a lawsuit against defendant regarding plaintiff's treatment in the IEP programs. The administrative law judge denied plaintiff's claims. Plaintiff appealed and moved for summary judgment. Defendant cross-motioned for summary judgment.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that several of the IEPs failed to comply with the Individuals with Disabilities Education Act.
DEFENDANT'S CONTENTIONS: Defendant denied the allegations and contended that even though some of the IEPs were deficient, none of them violated plaintiff's IDEA rights.
Result
The court denied plaintiff's motion for summary judgment and granted defendant's motion for summary judgment on the grounds that defendant did not violate the IDEA.
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