Janine Angel v. Cindy Marten

I. INTRODUCTION

18 Plaintiff Janine Angel, individually and on behalf of her child C.A., along with 19 several other disabled California public school students (“Student Plaintiffs”) and their 20 parents (“Parent Plaintiffs”), bring suit against the California Department of Education, 21 Governor Gavin Newsom, several California school districts, and the school districts’ 22 superintendents (collectively, “Defendants”), alleging that Defendants denied the 23 Student Plaintiffs a Free Appropriate Public Education (“FAPE”) as required by the 24 federal Individuals with Disabilities Education Act (“IDEA”) when Defendants closed 25 schools and transitioned to remote instruction during the COVID- pandemic. 26 Defendants move to dismiss Plaintiffs’ Second Amended Complaint pursuant to Federal 27 Rule of Civil Procedure (“Rule”) 12(b)(1) and (b)(6). (Mot. Dismiss SAC, ECF 28 No. 263.) Certain, but not all, Defendants separately move to dismiss the claims against 1 them pursuant to Rule 12(b)(1) on the grounds that those Defendants have settled the 2 claims against them (“Settling Defendants”). (Settling Defs.’ Mot. Dismiss, ECF 3 No. 272.) For the…