Free Motion to Strike - District Court of Delaware - Delaware

Case 1 :04-cv—OO920-KAJ Document 40 Filed O3/O3/2006 Page 1 of 3 I
Federal District Court for Delaware
John Green, Jr.
Plaintiff`
v. Case No. 04-920-KAJ
Cape Henlopen School District, et al
Defendants
Motion to Strike the Record from Below and
Partial Summary Judgment
On August 3, 2004 Plaintiff filed an appeal from the Due Process Hearing
conducted by a panel appointed by the Delaware Department of Education. At that time
the Plaintiff notified the Panel Chair and advised him of the appeal. It was his obligation
to assemble and forward the record to this Honorable Court at that time. It would appear
he failed to do so. On February 27, 2006 Plaintiff receiver a box marked 2 of 2 from
LouAnn Vari, Education Associate, Delaware Department of Education. This box
contained what was represented as Tab 15 to 17 ofthe record "certified" on February 13,
2006. Plaintiff still. has not received tabs 1—14 or the indicated certification. It would
appear the record was not sent for over 18 months. Plaintiff would suggest this is not a
timely certifying and forwarding of the record.
There is also an incurable appearance of impropriety in that the record is being
forwarded and, it would appear, assembled and held for over 18 months by the attorney
who represented at the hearing below the Defendant, the Delaware Department of
Education, LouAnn Vari. The record appears to have been in the hands of the Defendant
and joint venture partner of the Sussex Elementary School Consortium for over 18
months.
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 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 1, 2006
I1, Jr. pro se
5:·m» M
F I L E D
MAH · 3 2006
U.S. DISTRICT COURT
DELAWARE LL

Case 1 :04-cv—OO920-KAJ Document 40 Filed O3/O3/2006 Page 2 of 3
Federal District C0urt for Delaware
John Green, Jr.
Plaintiff
v. Case N0. 04-920-KAJ
Cape Henlopen School District, et al
Defendants
CERTIFICATE OF SERVICE
I, John Green, hereby certify that on this lst 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, I·Iitchens and Williams LLP
222 Delaware Avenue
P.O.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 l, 2006
hn Green Jr.
T l L E D
lxlAFl r 3 2000
U.S. DISTRICT COURT _
in 0L$I¥ll§I.9.EUEl**l’l’*i0E

Case 1:04-cv—OO { Document 40 Filed O3/O3/2006 Page 3 of 3
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