A.B. BY AND THROUGH K.B. v. MICH. DEPT. OF EDUC.

No. 2:19-cv-258.

570 F.Supp.3d 531 (2021)

A.B., BY AND THROUGH his Parents and Next Friends, K.B. and R.B., Plaintiffs, v. MICHIGAN DEPARTMENT OF EDUCATION, Defendant.

United States District Court, W.D. Michigan, Southern Division.

Signed November 4, 2021.


Attorney(s) appearing for the Case

Justin Gilbert , Gilbert Law, Chattanooga, TN, Mitchell David Sickon , Erin Hankins Diaz, Disability Rights Michigan, Lansing, MI, for Plaintiffs.

Elizabeth R. Husa , Precious Synott Boone , Travis Mark Comstock , Michigan Department of Attorney General, Lansing, MI, for Defendant.


OPINION AND ORDER

This matter is before the Court on Defendant's motion to dismiss Plaintiffs' complaint pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) (ECF No. 13). For the reasons to be explained, the motion will be denied.

I.

In November 2015...

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