California OAH special education order · June 30, 2022
Order Denying Motion to Strike
OAH Case No. 2022030482 · ALJ Laurie Gorsline
OAH denied Student's motion to strike Etiwanda's written closing brief, filed 14 minutes after the deadline, because Student showed no prejudice from the late filing.
This case went to decision
Student v. Etiwanda School District (consolidated): Etiwanda School District offered FAPE in triennial IEP and may implement it without parent consent; all student claims denied. (2022)
Summary
After hearing, Student moved to strike Etiwanda's written closing brief. The ALJ had set a 2:00 PM deadline, and Etiwanda filed at 2:14 PM and served Student's counsel at 2:57 PM. Student argued the extra 14 minutes gave Etiwanda an unfair chance to revise its argument, and Etiwanda filed no opposition. OAH denied the motion because Student showed no prejudice, and the late service did not matter because the brief had already been filed.
Why it matters
OAH will not strike a closing brief for a slight missed deadline unless the moving party shows real prejudice. Parties should argue concrete harm rather than rely on technical lateness.
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 CONSOLIDATED MATTERS INVOLVING:
PARENT ON BEHALF OF STUDENT,
AND
ETIWANDA SCHOOL DISTRICT,
OAH CASE NUMBER 2022030482
OAH CASE NUMBER 2022030482
ORDER DENYING MOTION TO STRIKE
JUNE 30, 2022
On June 28, 2022, Student filed a motion to dismiss with the Office of Administrative Hearings on the grounds that Etiwanda Unified School District filed their written closing brief on June 27, 2022 at 2:14 PM and did not serve it on Student’s counsel until 2:57 PM which was after the 2:00 PM deadline ordered by the ALJ on the last day of hearing. Student argues that the late filing gave Etiwanda an unfair advantage because Etiwanda had an extra 14-minute opportunity to revise its written closing argument before filing it. OAH received no opposition from Etiwanda.
Student has demonstrated no prejudice by Etiwanda’s 14-minute late filing. The fact that Etiwanda served its brief an hour late is inconsequential because it already been filed. Student’s motion to strike is denied.
IT IS SO ORDERED.
Laurie Gorsline Administrative Law Judge Office of Administrative Hearings