Noyes

ORDER RE: SUMMARY JUDGMENT MOTIONS

This matter comes before the Court on Plaintiff Lisa Noyes’ Motion for Summary Judgment or in the Alternative, Summary Adjudication, and Defendant Grossmont Union High School District’s Motion for Summary Judgment. The Court finds these motions suitable for determination on the papers submitted and without oral argument in accordance with Civil Local Rule 7.1(d)(1).

Plaintiff filed this action seeking attorney’s fees under the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq. (“IDEA”), and now moves for an award of those fees. Defendant also requests summary judgment in its favor, arguing Plaintiff is not a “prevailing party” as defined by Buckhannon Board & Care Home, Inc. v. West Virginia Department of Health & Human Resources, 532 U.S. 598 , 121 S.Ct. 1835 , 149 L.Ed.2d 855 (2001). Defendant alternatively contends Plaintiff is not a “prevailing party” because Plaintiff obtained only de minimis results through the parties’ settlement agreement.

The Court finds that notwithstanding Buckhannon, Plaintiff must be deemed a prevailing party in light of Barrios v. California Interscholastic Federation, 277 F.3d 1128 (9th…