California OAH special education order · October 12, 2021
Order Denying Motion to Consolidate as Moot
OAH Case No. 2021100202 · ALJ Theresa Ravandi
OAH denied Riverside's motion to consolidate as moot because Student dismissed Student's own due process case, leaving only Riverside's case to proceed as scheduled.
Summary
Student filed a due process case against Riverside in August 2021. Riverside filed its own case in October 2021 and moved to consolidate the two. Student partly opposed the motion and, the same day, filed a notice dismissing Student's case. OAH dismissed Student's case and denied Riverside's consolidation motion as moot, so Riverside's case will proceed on its existing schedule.
Why it matters
When one of two related cases is dismissed, there is nothing left to consolidate. The remaining case goes forward on its own timeline.
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:
RIVERSIDE UNIFIED SCHOOL DISTRICT,
v.
PARENTS ON BEHALF OF STUDENT.
OAH CASE NUMBER 2021100202
ORDER DENYING MOTION TO CONSOLIDATE AS MOOT
OCTOBER 12, 2021
On August 9, 2021, Student filed with the Office of Administrative Hearings, called OAH, a Request for Due Process Hearing in OAH case number 2021080278 naming Riverside Unified School District.
On October 5, 2021, Riverside filed a Request for Due Process Hearing in OAH case number 2021100202 naming Student. On October 5, 2021, Riverside filed a Motion to Consolidate the two cases.
On October 11, 2021, Student filed an opposition in part to Riverside’s motion.
Also, on October 11, 2021,Student filed a Notice of Dismissal of Student’s Case. On October 12, 2021, OAH dismissed Student’s Case and vacated the hearing dates.
Therefore, Riverside’s motion to consolidate is denied as moot.
Riverside’s Case shall proceed as previously scheduled.
IT IS SO ORDERED.
Theresa Ravandi Administrative Law Judge Office of Administrative Hearings