California OAH special education order · July 14, 2015
Order Denying Motion to Consolidate
OAH Case No. 2015050864 · ALJ Robert Helfand
OAH denied Student's motion to consolidate the Alum Rock case with a case against Union Elementary School District as moot because Student had asked to dismiss the Union case.
Summary
Student filed a due process complaint against Alum Rock Union Elementary School District, then filed a second complaint against Union Elementary School District and moved to consolidate the two cases. Alum Rock opposed the motion. Student then asked OAH to dismiss the Union case. Because the Union case was no longer active, OAH denied the consolidation motion as moot.
Why it matters
A motion to consolidate cannot go forward once one of the cases is dismissed. Families who withdraw a related case should expect any pending consolidation request to be denied as moot.
Topics
Full text of the order
Published text of the OAH order. Page headers and numbers from the original PDF have been dropped.
BEFORE THE
OFFICE OF ADMINISTRATIVE HEARINGS
STATE OF CALIFORNIA
In the Matter of:
PARENT ON BEHALF OF STUDENT, OAH Case No. 2015050864 v. ORDER DENYING MOTION TO
CONSOLIDATE
ALUM ROCK UNION ELEMENTARY
SCHOOL DISTRICT.
On May 12, 2015, Parent on behalf of Student filed with the Office of Administrative Hearings a Request for Due Process Hearing (complaint) in OAH case number 2015050864 (Alum Case), naming the Alum Rock Union Elementary School District as respondent.
On July 2, 2015, Student filed with OAH a Request for Due Process Hearing in OAH case number 2015070288 naming the Union Elementary School District as respondent (Union Case).
On July 2, 2015, Student filed a Motion to Consolidate the Alum Case with the Union Case.
On July 7, 2015, Alum Rock filed an opposition to the motion.
On July 8, 2015, Student filed with OAH a request to dismiss the Union Case.
Since the Union Case is no longer active, Student’s motion to consolidate is moot.
ORDER
Student’s Motion to Consolidate is denied as moot.
DATE: July 14, 2015
/ S/
ROBERT HELFAND
Administrative Law Judge Office of Administrative Hearings