A.V.
A.V. v. Panama-Buena Vista Union Sch. Dist.
Opinion
Lead Opinion
England, J.
Through the present lawsuit, Plaintiff A.V. ("Plaintiff"), by his parent and guardian ad litem, Concepcion Varela ("Plaintiff's mother" or "Ms. Varela"), challenges various actions taken by Defendant Panama-Buena Vista School District ("District") with respect to A.V.'s educational placement. Plaintiff has already pursued two special education "due process" proceedings in accordance with the provisions of the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 , et seq. ("IDEA"), to rectify what he alleges were unlawful steps taken by the District against him. He now appeals adverse decisions rendered by the Office of Administrative Hearings ("OAH") following those proceedings and, in addition to IDEA violations, also claims violations of § 504 of the Rehabilitation Act of 1973, 29 U.SC. § 701 et seq. ("Section 504") as well as discrimination and retaliation on the basis of disability and national origin under both Section 504 and Title II of the Americans with Disabilities Act ("ADA").
Presently before the Court is the District's Motion to Strike Plaintiff's Second Amended Complaint ("SAC") under Federal Rule of Civil Procedure 12(f) 1 on grounds that the SAC was filed…