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SMITH EX REL. DUCK v. ISLE OF WIGHT COUNTY SCHOOL BOARD

No. 2:03CV53.

284 F.Supp.2d 370 (2003)

Joshua SMITH, A minor, by his mother Sharon DUCK, and Sharon Duck, Plaintiffs, v. ISLE OF WIGHT COUNTY SCHOOL BOARD, Dr. Michael W. McPherson, Superintendent of the Isle of Wight County Public Schools, and Ted Durniak, Director of Special Education, Isle of Wight County Public Schools, Defendants.

United States District Court, E.D. Virginia, Norfolk Division.

September 23, 2003.

Attorney(s) appearing for the Case

John Warren Hart, John W. Hart, P.C., Virginia Beach, for Joshua Smith, A minor, by his mother Sharon Duck, Sharon Duck, plaintiffs.

Kevin Joseph Cosgrove, Scott Edwin Thompson, Hunton & Williams, Norfolk, for Isle of Wight County School Board, Dr. Michael W. McPherson, Superintendent of the Isle of Wight County Public Schools, Ted Durniak, Director, Special Education, Isle of Wight County Public Schools, defendants.

OPINION & ORDER

MILLER, United States Magistrate Judge.

This matter was referred to the undersigned United States Magistrate Judge pursuant to the provisions of 28 U.S.C. § 636(c)(1) and Rule 72 of the Rules of the United States District Court for the Eastern District of Virginia, by order of reference filed August 12, 2003.

I. PROCEDURAL AND FACTUAL BACKGROUND

Joshua Smith ("Joshua") was born on May...

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