Jesika Smith v. Orcutt Union School District

I. INTRODUCTION

23 On March 11, 2020, O.A., a minor proceeding by and through his mother Jesika 24 Smith (“Smith”) (collectively, “Plaintiffs”), filed a First Amended Complaint (“FAC”) 25 against Orcutt Union School District (“OUSD”), Deborah Blow, in her individual and 26 official capacities, and Kathy Long, in her individual and official capacities 27 (collectively, “Defendants”), alleging violations of: (1) the Americans with Disabilities Act, 42 U.S.C. §12101 (“ADA”); (2) Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794 (“Section 504”); and (3) 42 U.S.C. §1983. The case proceeded to a bench trial on June 24 and 25, 2021. At the close of Plaintiff’s case-in-chief, defense counsel entered an oral motion for judgment on partial findings, pursuant to Rule 52(c) of the Federal Rules of Civil Procedure. The Court informed defense counsel that any such motion should be made in writing, and permitted defense counsel to file a written motion on or before June 28, 2021. The Court deferred ruling on the motion, and the trial continued until both parties had reseted and all evidence had been heard. On June 28, 2021, defendant Orcutt Union 10…