California OAH special education order · January 2, 2018
Order Granting Motion to Amend Complaint, Denying Motion to Dismiss and Denying Motion Compelling Response
OAH Case No. 2017110830 · ALJ Penelope S. Pahl
OAH granted Student's unopposed motion to amend her complaint. It denied both Pleasanton's statute-of-limitations motion to dismiss and Student's motion to compel a response as moot, because both targeted the superseded original complaint.
Summary
Pleasanton moved to dismiss claims in Student's original complaint that fell outside the two-year statute of limitations. Student then moved to amend her complaint, which Pleasanton did not oppose, and also moved to compel Pleasanton to respond to the original complaint. OAH granted the amendment because it was filed more than five days before the January 11, 2018 hearing. It denied the motion to dismiss and the motion to compel as moot, since both were directed at the original complaint, which the amended complaint replaced. All dates were vacated and the timelines restart from the date of the order.
Why it matters
Filing an amended complaint replaces the original. Any pending motions aimed at the original complaint, such as a statute-of-limitations challenge, become moot, and all hearing timelines restart.
Key authority cited
- 20 U.S.C. § 1415(c)(2)(E)(i)
- 20 U.S.C. § 1415(c)(2)(E)(ii)
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:
OAH Case No. 2017110830
PARENT ON BEHALF OF STUDENT,
ORDER GRANTING MOTION TO
v. AMEND COMPLAINT, DENYING
MOTION TO DISMISS AND
PLEASANTON UNIFIED SCHOOL DENYING MOTION COMPELLING
DISTRICT. RESPONSE
On November 17, 2017, Student filed a Due Process Hearing Request (complaint)
with the Office of Administrative Hearings, naming Pleasanton Unified School District as respondent. On December 26, 2017, Pleasanton filed a motion to dismiss claims in Student’s complaint that exceeded the two-year statute of limitations. On December 27, 2017, Student filed a Motion to Amend the Due Process Hearing Request (amended complaint) and also filed a response to Pleasanton’s motion to dismiss asserting that the motion to dismiss was moot due to her request to file an amended complaint. On December 28, 2017, Student filed a motion to compel Pleasanton to file a response to the complaint and on that same date Pleasanton filed a notice of non-opposition to Student’s motion to amend her complaint.
Motion to Amend Complaint An amended complaint may be filed when either (a) the other party consents in writing and is given the opportunity to resolve the complaint through a resolution session, or (b) the hearing officer grants permission, provided the hearing officer may grant such permission at any time more than five (5) days prior to the due process hearing. (20 U.S.C.
§1415(c)(2)(E)(i).) The filing of an amended complaint restarts the applicable timelines for the due process hearing. (20 U.S.C. §1415(c)(2)(E)(ii).) Here, the case was scheduled for hearing on January 11, 2018. Student’s motion to amend her complaint is timely and is
GRANTED.
Motion to Dismiss Claims Exceeding the Two-Year Statute of Limitations Pleasanton’s motion to dismiss claims in the original complaint was made moot by filing of Student’s amended complaint. Therefore, Pleasanton’s motion to dismiss issues that exceed the two-year statute of limitations in Student’s original complaint is DENIED.
Motion to Compel Response by Pleasanton Student’s motion to compel a response to the original complaint is moot based on the order granting Student motion to file an amended complaint. Therefore, Student’s motion to compel Pleasanton’s response to the original complaint is DENIED.
Previously Scheduled Dates Vacated The amended complaint shall be deemed filed on the date of this order. All previously scheduled dates are vacated. OAH will issue a scheduling order with the new dates.
IT IS SO ORDERED.
DATE: January 2, 2018
PENELOPE S. PAHL
Administrative Law Judge Office of Administrative Hearings