Mewborn v. Government of the District of Columbia

District of Columbia, dcd-1:2003-cv-02432

ORDER granting {{13}} plaintiff's Motion for Summary Judgment, denying {{14}} defendant's Motion for Summary Judgment; summary judgment is hereby granted for the plaintiff; plaintiff is awarded, within 30 days of this date, a new and appropriate IEP; plaintiff may petition the Court for an award of fees and costs pursuant to LCvR 54.2. Signed by Judge Royce C. Lamberth on March 22, 2005. (lcrcl2,)

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA Elizabeth Mewborn, guardian and next) friend of the minor child N.V.,))) Plaintiff,)) Civil Action No. 03-2432 (RCL) v.)) GOVERNMENT OF DISTRICT OF) COLUMBIA,)) Defendant.) ____________________________________) ORDER For the reasons set forth in the Memorandum Opinion issued this date, and upon consideration of the defendant's Motion [14] for Summary Judgment, the opposition thereto, the reply brief, the applicable law, and the entire record herein, it is hereby ORDERED that the defendant's Motion [14] for Summary Judgment is DENIED. Furthermore, for the reasons set forth in the Memorandum Opinion issued this date, and upon consideration of the plaintiff's Motion [13] for Summary Judgment, the opposition thereto, the reply brief, the applicable law, and the entire record herein, it is hereby ORDERED that the plaintiff's Motion [13] for Summary Judgment is GRANTED; and it is further ORDERED that plaintiff is awarded within thirty (30) days a new and appropriate IEP and placement for failure of DCPS to provide one during the 2003-04 school year. Plaintiff may submit an application for attorneys fees and costs in accordance with LCvR 1 54.2. SO ORDERED. Signed by Royce C. Lamberth, United States District Judge, March 22, 2005. 2