Fernandez

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 CYNTHIA FERNANDEZ, Student, No. 2:19-cv-00082-MCE-AC Plaintiff, v. MEMORANDUM AND ORDER ELK GROVE UNIFIED SCHOOL

DISTRICT,

15 Defendant. 16 17 Through this action, Plaintiff Cynthia Fernandez (“Plaintiff”), asserts six federal and state causes of action against Defendant Elk Grove Unified School District (“District” or “Defendant”) alleging that the District has procedurally and substantively denied Plaintiff a free appropriate public education (“FAPE”) for the 2009-10 through 2018-2019 school years. Presently before the Court is Defendant’s Motion to Dismiss Plaintiff’s operative First Amended Complaint (“FAC”), ECF No. 9, pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). ECF No. 10. For the reasons that follow, Defendant’s Motion is GRANTED with leave to amend. /// 27 1 All further references to “Rule” or “Rules” are to the Federal Rules of Civil Procedure unless otherwise noted. BACKGROUND2 2 …