EVERETT H. EX REL. HAVEY v. DRY CREEK JOINT ELEMENTARY SCHOOL DISTRICT

No. 2:13-cv-00889-MCE-DB.

EVERETT H., a minor, by and through his Guardians Ad Litem REBECCA HAVEY and HEATH HAVEY; REBECCA HAVEY, an individual; and HEATH HAVEY, an individual, Plaintiffs, v. DRY CREEK JOINT ELEMENTARY SCHOOL DISTRICT, BOARD OF TRUSTEES OF DRY CREEK JOINT ELEMENTARY SCHOOL DISTRICT; MARK GEYER, individually and in his official capacity as Superintendent of Dry Creek Joint Elementary School District; EVONNE ROGERS, individually in her official capacity as Assistant Superintendent of Educational Services; LYNN BARBARIA, individually and in her official capacity as Director of Special Education; ANDREW GIANNINI, individually and in his official capacity as Principal at Olive Grove Elementary School; CALIFORNIA DEPARTMENT OF EDUCATION; and TOM TORLAKSON, individually and in his official capacity as State Superintendent of Public Instruction for the State of California, Defendants.

United States District Court, E.D. California.

May 12, 2017.

Editors Note
Applicable Law: 20 U.S.C. § 1400
Cause: 20 U.S.C. § 1400 Civil Rights of Handicapped Child
Nature of Suit: 448 Civil Rights: Education
Source: PACER


Attorney(s) appearing for the Case

Everett H., Plaintiff, represented by Heath A. Havey , Jackson Lewis P.C..

Rebecca Havey, Plaintiff, represented by Heath A. Havey , Jackson Lewis P.C..

Heath Havey, Plaintiff, represented by Heath A. Havey , Jackson Lewis P.C..

Mark Geyer, Defendant, represented by Sloan Robert Simmons , Lozano Smith & Marcella L. Gutierrez , Lozano Smith.

Evonne Rogers, Defendant, represented by Sloan Robert Simmons , Lozano Smith & Marcella L. Gutierrez , Lozano Smith.

Lynn Barbaria, Defendant, represented by Sloan Robert Simmons , Lozano Smith & Marcella L. Gutierrez , Lozano Smith.

Andrew Giannini, Defendant, represented by Sloan Robert Simmons , Lozano Smith & Marcella L. Gutierrez , Lozano Smith.

California Department of Education, Defendant, represented by Leonard Bruce Garfinkel , California Department Of Education.


MEMORANDUM AND ORDER

Through the present action, Plaintiffs Heath and Rebecca Havey, both individually and on behalf of their son Everett H. (hereinafter "Plaintiffs" unless otherwise indicated) allege educational harms based on purported violations of Everett's right as a disabled student to a...

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