(PS) Bratset v. Davis Joint Unified School District et al, No. 2:2016cv00035 - Document 75 (E.D. Cal. 2018)
Court Description: ORDER signed by District Judge Garland E. Burrell, Jr. on 1/31/2018 FINDINGS AND RECOMMENDATIONS 73 are ADOPTED in FULL; Davis Joint Unified School District is DISMISSED from this action without prejudice; Defendant's 55 Motion to Dismiss is GRANTED in PART and DENIED in PART; Plaintiff Laura Bratset is permitted to proceed on her claims under the IDEA; Defendant WJUSD's motion to dismiss the second amended complaint's challenge to the 12/8/2015 OAH decision is DENIED; all oth er claims found in the second amended complaint asserted against defendant WJUSD are DISMISSED without leave to amend; and Defendant WJUSD shall file an answer to the second amended complaint's challenge to the 12/8/2015 OAH decision within 14 days of the date of this order.(Reader, L)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LAURA BRATSET, et al., 12 Plaintiffs, 13 14 15 No. 2:16-cv-0035 GEB DB PS v. ORDER DAVIS JOINT UNIFIED SCHOOL DISTRICT, et al., 16 Defendants. 17 Plaintiff is proceeding pro se with the above-entitled action. The matter was referred to a 18 19 United States Magistrate Judge pursuant to Local Rule 302(c)(21). 20 On December 19, 2017, the magistrate judge filed findings and recommendations herein 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within fourteen days after service of the 23 findings and recommendations. Defendant Winters Joint Unified School District has filed 24 objections to the findings and recommendations. The court has reviewed the file and finds the findings and recommendations to be 25 26 supported by the record and by the magistrate judge’s analysis. 27 //// 28 //// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed December 19, 2017 (ECF No. 73) are adopted 3 in full; 4 2. Defendant DJUSD is dismissed from this action without prejudice; 5 3. Defendant WJUSD’s May 19, 2017 motion to dismiss (ECF No. 55) is granted in part 6 and denied in part; 7 4. Plaintiff Laura Bratset is permitted to proceed on her claims under the IDEA; 8 5. Defendant WJUSD’s motion to dismiss the second amended complaint’s challenge to 9 10 11 12 the December 8, 2015 OAH decision is denied; 6. All other claims found in the second amended complaint asserted against defendant WJUSD are dismissed without leave to amend; and 7. Defendant WJUSD shall file an answer to the second amended complaint’s challenge 13 to the December 8, 2015 OAH decision within fourteen days of the date of this order. 14 Dated: January 31, 2018 15 16 17 18 19 20 21 22 23 24 25 26 /bratset0035.jo 27 28 2
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