Opinion
Patricia D. Morgan Abdella, In Pro Se.
Karim A. Abdella, In Pro Se.
FAGEN FRIEDMAN & FULFROST, LLP, Kimberly A. Smith, Anne M. Sherlock, Cynthia M. Smith, Sacramento, California, Attorneys for Defendant, FOLSOM CORDOVA UNIFIED SCHOOL.
STIPULATION AND ORDER TO SUPPLEMENT THE ADMINISTRATIVE RECORD
DALE A. DROZD, Magistrate Judge.
Plaintiffs Karim and Patricia Morgan Abdella ("Plaintiffs") and Defendant Folsom Cordova Unified School District ("District") (hereafter collectively referred to as "the Parties") submit this stipulation to request an order permitting the parties to supplement the Administrative Record in this matter as follows:
1. WHEREAS, this case is an appeal, pursuant to title 20 United States Code section 1415, subdivision (i)(2)(A), from an administrative law judge's decision in a special education "due process" matter;
2. WHEREAS, the District obtained a copy of the Administrative Record from the underlying proceedings from the Office of Administrative Hearings ("OAH") and lodged same with the Court on January 30, 2015;
3. WHEREAS, the following exhibits were admitted into evidence by the administrative law judge during the hearing but were mistakenly left out of the copy of the Administrative Record provided by OAH:
A. Student's Exhibit S-92 [see AR 3326, lines 8-22]
B. District's Exhibit D-8 [see AR 2692, lines 20-25 and AR 3710, lines 11-15]
C. District's Exhibit D-9 [see AR 3195, lines 11-12, AR 3285, lines 12-16, AR 2392, lines 11-25, AR 2393, lines 1-18, and AR 3719, lines 11-15]
D. District's Exhibit D-27 [see AR 003713, lines 11-16];
4. WHEREAS, parties may supplement an administrative record to repair correct an improper exclusion of evidence by the administrative agency. Ojai Unified Sch. Dist. v. Jackson, 4 F.3d 1467, 1473 (9th Cir. 1993), quoting Town of Burlington v. Dept. of Educ. for the Commonwealth of Mass., 736 F.2d 773, 790-791 (1st Cir. 1984), aff'd, 471 U.S. 359, 109 S.Ct. 1996, 85 L.Ed.2d 285 (1985);
5. WHEREAS, Exhibits to supplement the administrative record will be lodged with the Court following the Court's execution of the Proposed Order;
IT IS HEREBY STIPULATED by and between the Parties hereto, the Parties will lodge an Supplemental Evidence to the Administrative Record, to be sequentially numbered starting at AR 003800 through AR 003948.
ORDER
Pursuant to the parties' stipulation, IT IS SO ORDERED.