Opinion
Case No. C2-07-1272.
August 7, 2009
ORDER
The Court presently has under advisement Defendant's Motion on the Administrative Record under the Individuals with Disabilities Education Improvement Act ("IDEIA"), 20 U.S.C. § 1400, et seq., as well as Defendant's Motion for Judgment on the Pleadings on Plaintiffs' statutory claims under the Rehabilitation Act of 1973 ("Section 504"), 29 U.S.C. § 794, et seq., the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12101 et seq., and the Civil Rights Act, 42 U.S.C. § 1983 ("Section 1983"). Plaintiffs' statutory claims, however, are inextricably interrelated with their other statutory claims under the IDEIA, insofar as these claims turn on whether Plaintiff, Christian Seladoki, was provided a free and appropriate education. The Court thus will examine Plaintiffs' claims under the IDEIA first, since resolution of Defendant's Motion for Judgment on the Administrative Record may be determinative of Plaintiffs' statutory claims.
To facilitate this review, and in the interests of efficiency and judicial economy, the Court's April 24, 2008 Order Setting Trial Date is VACATED. The Court will issue its decision on Defendant's Motion for Judgment on the Pleadings within thirty (30) days.