EVERETT H. EX REL. HAVEY v. DRY CREEK JOINT ELEM.

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

5 F.Supp.3d 1184 (2014)

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 of 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.

Filed March 26, 2014.


Attorney(s) appearing for the Case

Heath A. Havey , Sacramento, CA, for Plaintiffs.

Sloan Robert Simmons , Marcella L. Gutierrez , Lozano Smith , Leonard Bruce Garfinkel, California Department of Education, Sacramento, CA, for Defendants.


MEMORANDUM AND ORDER

MORRISON C. ENGLAND JR., Chief Judge.

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 free and appropriate public education ("FAPE") pursuant to the provisions of the Individuals with Disabilities Education Improvement...

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