Opinion
Case No. 2:10-cv-02785 Case No. 2:10-cv-02817
08-06-2012
Theaquiata Robinson Plaintiff, v. Tipton County Board of Education, Defendant. AND Tipton County Board of Education, Plaintiff, v. Theaquiata Robinson and Bernard Tyrus Sturgis, Esq., Defendants.
Melinda Jacobs, TN BPR#011835 Attorney at Law Attorney at Law Bernard Sturgis, LLC THEAQUIATA ROBINSON, pro se
Agreed Order for Dismissal
The Parties, pro se and by and through counsel, stipulate as follows:
1. On November 16, 2009, Theaquiata Robinson ("T.R.") initiated a special education due process hearing on behalf of her then-minor son, T.R., alleging that the Tipton County Board of Education (hereinafter "TCBE") had failed to provide T.R. with a "free appropriate public education" as required by the Individuals with Disabilities Education Act, 20 U.S.C. 1400 et seq. ("IDEA").
2. The hearing was convened on June 21.23, 2010 by an Administrative Law Judge who was duly appointed by the Tennessee Secretary of State.
3. On August 30, 2010, the Administrative Law Judge rendered a Final Order finding in favor of TCBE on all issues, and holding that TCBE was the "prevailing party" on all issues.
4. T.R. initiated an appeal of this adverse decision on November 1, 2010. (Case No. 2:10-cv-02875).
5. TCBE, by and through counsel, filed a complaint against T.R. and Tyrus B. Sturgis, her attorney in the due process hearing, seeking an award of attorneys fees, alleging that the underlying complaint was frivolous and filed for an improper purpose. (Case No. 2:10-cv-02817).
6. Sturgis moved to dismiss TCBE's complaint on the grounds that the claims brought on behalf of T.R. were meritorious, had sufficient evidentiary basis, were warranted by existing law, and had a legitimate chance for success. Sturgis further asserted that the administrative law judge's decision was unsupported by the facts and law of the case, and that TCBE's complaint for attorney fees was both improper and premature.
7. The parties have conferred, pro se and by and through counsel, and have mutually agreed to withdraw their respective complaints with prejudice in order to avoid additional costs and litigation between the parties.
Premises considered, the parties, by and through counsel, have jointly moved to dismiss the above action with prejudice. THEREFORE, the complaints shall be and hereby are DISMISSED WITH PREJUDICE.
___________________
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE
AGREED TO AND SUBMITTED BY:
ATTORNEY FOR TIPTON COUNTY BOARD OF EDUCATION:
____________________
Melinda Jacobs, TN BPR#011835
Attorney at Law
DEFENDANT:
Tyrus B. Sturgis (w/permission by Melinda Jacobs)
Attorney at Law
Bernard Sturgis, LLC
PLAINTIFF/DEFENDANT:
Theaquiata Robinson (w/permission by Melinda Jacobs)
THEAQUIATA ROBINSON, pro se
CERTIFICATE OF SERVICE
I do hereby certify that I have this served the within and foregoing document via email and U.S. Mail, properly addressed and postage prepaid, to:
Bernard Tyrus Sturgis, Esq.
Bernard Sturgis, LLC
5399 Playa Vista Drive
Playa Vista, CA 90094
tyms@bernardsturgis.com
tyrus.sturgis@gmail.com
Ms. Theaquiata Robinson
35 Laverne St.
Atoka, TN 38004
Ar0b1ns0n@aol.com
Respectfully Submitted,
_____________
Melinda Jacobs
TNBPR No. 011835
Attorney for Tipton County
Board of Education
The Law Office of Melinda Jacobs