United States District Court, D. Minnesota
August 26, 2013
I.E.C. on her own behalf and by and through her Parent and Natural Guardian, J.R., Plaintiffs,
MINNEAPOLIS PUBLIC SCHOOLS, SSD NO. 1, MINNESOTA DEPARTMENT OF EDUCATION, BRENDA CASSELLIUS, Defendants
Margaret O'Sullivan Kane, Kane Education Law, LLC, Counsel for Plaintiffs.
Laura Tubbs Booth, Booth & Lavorato LLC, Counsel for Defendant Minneapolis Public Schools SSD No. 1.
Martha J. Casserly, Minnesota Attorney General's Office, Counsel for Defendants Minnesota Department of Education and Brenda Cassellius.
Michael J. Davis, Chief United States District Judge.
The above-entitled matter comes before the Court upon the Report and Recommendation of United States Magistrate Judge Leo I. Brisbois dated June 24, 2013. [Docket No. 46] Plaintiffs I.E.C. and J.R. filed objections to the Report and Recommendation. [Docket No. 47] Defendants Minnesota Department of Education and Brenda Cassellius responded to Plaintiffs' objections. [Docket No. 48] Defendant Minneapolis Public Schools did not respond.
Pursuant to statute, the Court has conducted a de novo review upon the record. 28 U.S.C. § 636(b)(1); Local Rule 72.2(b). Based upon that review, the Court ADOPTS the Report and Recommendation of United States Magistrate Judge Brisbois filed June 24, 2013.
Accordingly, based upon the files, records, and proceedings herein, IT IS HEREBY ORDERED:
1. The Court ADOPTS the Report and Recommendation of United States Magistrate Judge Brisbois dated June 24, 2013 [Docket No. 46].
2. Plaintiffs' motion for a declaratory judgment [Docket No. 27] is DENIED without prejudice.
3. Defendants Minnesota Department of Education and Commissioner Brenda Cassellius' motion to dismiss [Docket No. 11] is GRANTED with prejudice.