Free MEMORANDUM in Support - District Court of Delaware - Delaware

Case 1 :04-cv—OO920-KAJ Document 46 Filed O3/20/2006 Page 1 ot 3
Federal District Ceurt fer Delawa re
John Green, Jr.
Plaintiff
v. Case Ne. 04-929-KAJ
Cape Henlopen School District, et al
Defendants
Supplement t0
Metien te Strike the Racers! from Belew and
Partial Summary Judgment
On March lst the Plaintiff tiled the above referenced mation and wishes to
supplement the fact alleged in that motion with the following additional information;
Plaintiff has finally received exhibits 1-14 of the record, however they were
shipped in packaging not appropriate and arrived damages, broken binders and loose
papers. The record indicates Parent tiled 2 exhibit books when in fact he tiled 6. Parent’s
exhibit books 3-6 were not included in the record. Numerous legal memorandum filed by
the parent as part of the Due Process Proceeding were missing from the record. The
transcripts included in the record are in many cases (now digitally enhanced) 4 pages to a
sheet proofs not actual transcripts, this supports the Plaintiffs allegation that he was not
provided actual transcripts in as much as the record was not provided with them.
The record has been tainted beyond use. To order a rehearing at this point is
inappropriate because of the passing of time.
Plaintiff therefore asks this honorable court to declare the record compromised
and Order reimbursement for the cost of expert witnesses who’s testimony has been
compromised, equitable relief in the form of a sum equal to the cost of 4 years
compensatory education at Glenhome. The school where placement was being sought
and such other relief and adjusting of scope as the Court should deem appropriate.
March @2006
Jo een, Jr. pro se
A hearing is requested on this motion
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Case 1 :04-cv—OO920-KAJ Document 46 Filed O3/20/2006 Page 2 ot 3
Federal Dlstriet Court for Delaware
John Green, Jr.
Plaintiff
v. Case No, €l¢l~92(l—KA.l
Cape Henlopen School District, et al
Defendants
CERTIFICATE OF SERVICE
I, John Green, hereby certify that on this 16M day of March 2006, two
copies of the within Motion to strike the record from below and partial summary
judgment were served by United States first class mail. postage prepaid, on the
following parties counsel of record at the addresses indicated below:
David H. Williams Esq.
Moths, James, Hitchens and Williams LLP
222 Delaware Avenue
PD. Box 2306
Wilmington, DE 19899
Craig Raymond Fitzgerald, Esq.
Department of Justice
102 West Water Street
Dover, DE 19901
Mary L. Cook, Esq.
Department of Justice
102 West Water Street
Dover, DE 19901
March 16, 2006
o zreen Jr. `

Case1:O4—cv—OO920-KAJ Document 46 Filed O3/20/2006 Page30f3
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