T.S., a minor v. Long Beach Unified School District

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2 3 4 5 6 7 United States District Court 8 Central District of California 9 10 11 T.S., Case No. 2:22-cv-01491-ODW (DFMx) Plaintiff, v. ORDER DENYING MOTIONS FOR 14 LONG BEACH UNIFIED SCHOOL ATTORNEYS’ FEES WITHOUT 15 DISTRICT, PREJUDICE [51] [53] Defendant. 17 Following the Court’s Order on Administrative Appeal, affirming the decision 19 of the California Office of Administrative Hearings (“OAH”), (ECF No. 48), Plaintiff 20 and Defendant each moved for attorneys’ fees (“Motions”), (Pl. Mot. Fees, ECF 21 No. 51; Def. Mot. Fees, ECF No. 53). Before any additional briefing on the Motions, 22 Plaintiff appealed to the Ninth Circuit. (Notice Appeal, ECF No. 56.) When an appeal on the merits is filed, a district court has discretion to rule on a 24 claim for fees, defer its ruling on the motion, or deny the motion without prejudice 25 and direct a new filing period for filing after the claim has been resolved. Fed. R. Civ. 26 P. 54(d)(2), Advisory Committee Notes (1993 Amendment); Dufour v. Allen, 27 No.…