Free Status Report - District Court of Delaware - Delaware

Case 1 :07-cv-001 93—I\/I PT Document 24 Filed 10/30/2007 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
C.H., :
I Plaintiff, C.A. N0. 07-193 MPT
THE CAPE HENLOPEN SCHOOL
DISTRICT, GEORGE E. STONE, :
I THE DELAWARE DEPARTMENT OF :
EDUCATION, and SECRETARY :
VALERIE A. WOODRUFF, :
i Defendants.
INTERIM STATUS REPORT
I. Nature of the Matters at Issue
l On April 5, 2007, Plaintiff tiledthis civil action against Defendants, the Cape Henlopen
School District (“the District”), the District’s Superintendent, George E. Stone, in his official
capacity, the Delaware Department of Education, and Secretary of Education, Valerie A.
I Woodruff, in her official capacity.
Plaintiff seeks judicial review of an administrative special education due process panel’s
l decision dated January 6, 2007 under the Individuals With Disabilities Education Act ("IDEA").
Plaintiff also alleges violations of Section 504 of the Rehabilitation Act of 1973, and 42 U.S.C. §
1983. The special education due process panel ruled in favor of Defendants and found no
violation of the IDEA.
In general, Plaintiff alleges the Defendants failed to provide him with a free appropriate
\ public education in violation of the IDEA. Defendants deny Plaintiffs allegations and contend

Case 1:07-cv-00193—lV|PT Document 24 Filed 10/30/2007 Page 2 of 3
the administrative special education due process hearing panel’s decision should be affirmed.
II. Progress of Discovery
The parties have exchanged Rule 26(a) disclosures. On October 26, 2007, Delaware
local counsel for Plaintiffs received Defendants’ First Set of lnterrogatories and Request for
Production from counsel for Defendants. Delaware local counsel forwarded those documents to
counsel for Plaintiff, who is in the process of formulating and compiling, with his clients,
responses to the discovery requests. Defendants believe that discovery should be completed in a
1 timely fashion, and that briefing on case dispositive motions should proceed as set forth in the
l Scheduling Order.
III. Settlement Discussions
On or about October 4, 2007, counsel for Plaintiff sent a letter to Defendants outlining
Plaintiffs costs to date, and requested Defendants to make a settlement offer. Defendants are in
the process of formulating and sending a settlement offer to Plaintiffs counsel.
YOUNG, CONAWAY, STARGATT DEPARTMENT OF IUSTICE
1 & TAYLOR LLP
/s/ Michael P. Stafford /s/ Jennifer L. Kline
l Barry M. Willoughby, Esq. (No. 1016) Jennifer L. Kline, Esq. (No. 4075)
Michael P. Stafford, Esq. (No. 4461) 102 West Water Street
The Brandywine Building Dover, DE 19901
1000 West Street Phone: (302) 739-7641
17th Floor .lenn.ifer.Kline(@,state.de.us
Wilmington, DE 19899 Attorneys for the Delaware Department of
Phone: (302) 571-6553; (302) 571-6666 Education, and Secretary of Education,
[email protected]; [email protected] Valerie A. Woodruff
Attorneys for the Cape Henlopen School
( District and Dr. George E. Stone

l Case 1:07-cv-00193—IV|PT Document 24 Filed 10/30/2007 Page 3 of 3
CALLEGARY & STEEDMAN, P.A. LAW OFFICE OF BRUCE HUDSON
l /s/ Wayne D. Steedman /s/ Bruce L. Hudson
Wayne D. Steedman, Esq. Bruce L. Hudson, Esq. (No. 1003)
, 301 N. Charles Street Suite 600 800 King Street, Suite 302
1 Baltimore, MD 21201 Wilmington, DE 19801-3544
Phone: (410) 576-7606 Phone: (302) 656-9850
wayne@callegarysteedmancom delaw(@,bruce11udsonlaw.com i
Attorneys for Plaintiff, C.H. Delaware Local Counsel for Plaintiff, C.H.
2 Dated: October 30, 2007
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