R.F. ex rel. Frankel v. Delano Union School District

MEMORANDUM DECISION AND ORDER DENYING MOTION FOR TEMPORARY RESTRAINING ORDER (Doc. 5)

I. INTRODUCTION

Plaintiff R.F., a minor, brings this action against Defendant Delano Union School District under the Individuals with Disabilities Education Act (“IDEA”). Plaintiff seeks a Temporary Restraining *983 Order (“TRO”) 1 and an order to show cause regarding a preliminary injunction compelling Defendant to provide behavioral and educational services consistent with Plaintiffs most recent implemented Individualized Education Program (“IEP”) developed while he attended the- Torrance Unified School District (“Torrance”). Defendant objects, arguing that Plaintiff has not made a sufficient showing to merit a TRO. For the reasons explained below, Plaintiffs motion for a TRO is DENIED.

II. JUDICIAL NOTICE

Plaintiff asks that the Court take judicial notice of excerpts of the administrative record related to his due process hearing request and stay-put motion filed at the Office of Administrative Hearings (“OAH”), Doc. 5-2 at 1. Those portions were attached to the motion for TRO as Exhibits A through J. Defendant did not object to judicial notice, and cited to the administrative record…