Quatro

Quatro v. Tehachapi Unified School District

Good Law
United States District Court, Eastern District of CaliforniaMarch 19, 20201:16-cv-01213California940 words

Opinion

Trial Court Opinion

BACKGROUND

On January 19, 2016, the Office of Administrative Hearings (“OAH”)

decided the case of R.Q. v. Tehachapi Unified School District, Case No: 2015120968. (Doc. 72-1.) The OAH determined that R.Q. was a prevailing party pursuant to the IDEA, which entitled R.Q. to attorneys’ fees and costs. (Id.)

Plaintiff filed this action to recover those fees and costs on August 16, 2016. (Doc. 1); 20 U.S.C. § 1415(i)(3)(B). On May 11, 2017, following a bench trial, Plaintiff was awarded $135,876.75 in fees and $2,805.00 in costs. (See Doc. 52.) Judgment was entered that same date. (Id.) On June 8, 2017, Tehachapi appealed. (Doc.

60.) The Ninth Circuit affirmed the fee award on November 19, 2018, (Doc. 66), and issued its mandate on December 11, 2018, which included a cost award of $183.70, (Doc. 68). On January 8, 2019, the Ninth Circuit awarded Plaintiff an

additional $41,267.50 in fees. (Doc. 69.) Since that date, Plaintiff has unsuccessfully sought to recover the monies owed, and Tehachapi has literally done nothing but stall, ignoring its obligations under state and federal law, as well as the Court’s judgment and mandate.

LEGAL STANDARD

Pursuant to Rule 69 of…

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