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I.K. By and Through His Parent and Educational v. the School District of

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


March 21, 2011

I.K. BY AND THROUGH HIS PARENT AND EDUCATIONAL DECISION MAKER, B.K.
v.
THE SCHOOL DISTRICT OF HAVERFORD TOWNSHIP

The opinion of the court was delivered by: Stewart Dalzell

ORDER

AND NOW, this 21st day of March, 2011, upon consideration of defendant's motion to dismiss and motion for attorney's fees (docket entry # 5), plaintiff's response (docket entry # 6), and defendant's motion for leave to file a sur-reply brief (docket entry # 7), and in accordance with the foregoing Memorandum, it is hereby ORDERED that:

1. Defendant's motion to dismiss and for attorney's fees (docket entry # 5) is GRANTED for lack of subject matter jurisdiction pursuant to Fed. R. Civ. P. 12(b)(1), and DENIED with respect to the motion for attorney's fees;

2. Defendant's motion for leave to file a sur-reply brief (docket entry # 7) is GRANTED;

3. The Clerk of Court shall DOCKET defendant's sur-reply brief, which is attached to defendant's motion at the second page of its motion;

4. This case is REMANDED to Pennsylvania Special Education Hearing Officer Linda Valentini on the issue of whether a valid settlement agreement exists; and

5. The Clerk of Court shall CLOSE this case statistically.

BY THE COURT:

20110321

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