Ballard v. Philadelphia School District

273 F. App'x 184
CourtCourt of Appeals for the Third Circuit
DecidedApril 14, 2008
DocketNo. 07-1042
StatusPublished
Cited by6 cases

This text of 273 F. App'x 184 (Ballard v. Philadelphia School District) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ballard v. Philadelphia School District, 273 F. App'x 184 (3d Cir. 2008).

Opinion

OPINION

Sloviter, Circuit Judge.

This case presents the issue whether the District Court abused its discretion by denying a party’s motion to reopen an IDEA case that the parties had reported settled where one of the settling parties later claimed to have signed the settlement agreement under duress, although she f. . , , , . claimed no misconduct by the opposmg party and was represented by counsel at the time of the settlement,

I

Because we write principally for the parties, we limit our recitation of the facts to those relevant to our disposition,

Romance Ballard was thirteen years old and in the fifth grade at Pickett Middle School in the Philadelphia School District (“School District”) at the time relevant to this appeal. Having been diagnosed with Trisomy 21, commonly referred to as Down syndrome, Ballard qualifies for special education services under the Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. § 1400, et seq.1

On June 7, 2004, Ballard, through her mother Ms. Ballard, and the School District developed an Individual Education P^an (“IEP”) and a Notice of Recommended Educational Placement (“NO-REP”). Ms. BaUard rejected the NOREP because it recommended placing Ballard in a Life Skills Support (“LSS”) class for most of the school day, rather than including her in a mainstream class. Ms. Bal[186]*186lard sought a Due Process Hearing to resolve the appropriate placement for her daughter, and the Administrative Law Judge (“ALJ”) ruled in her favor. In an opinion dated November 24, 2004, he ordered a revision of the IEP, including, among other things, that Ballard be included in a regular education classroom with only one period of LSS and that she be assigned a properly trained one-on-one education assistant and behavior specialist, He also ordered twenty-four hours compensatory education. The School District appealed the ALJ’s decision to the Appeals Panel, which reversed the ALJ’s decision and ordered that Ballard be placed in a full-time life skills class.

Ms. Ballard appealed that decision to the United States District Court for the Eastern District of Pennsylvania. The Court granted leave to proceed in forma pauperis. After completion of discovery, the Court denied cross-motions for judgment on the administrative record and scheduled the matter for trial on September 26, 2006. On the morning of trial, with Ms. Ballard represented by counsel, the parties agreed to settle all issues, and entered into a settlement agreement which both parties signed. They reported the case settled to the Court, and, in an order filed September 29, 2006, the Court dismissed the case with prejudice pursuant to Local Rule 41.1(b), but subject to reopening within ninety days for good cause, in accordance with Rule 41.1(b). Because the parties had reached a settlement, there was no occasion for the District Court to read the terms of the agreement into the record, and the Court did not approve the settlement. It did not retain jurisdiction to enforce the agreement.

Ms. Ballard was represented by counsel from the Legal Clinic for the Disabled during all proceedings in the District Court, including execution of the settlement agreement. Shortly before the scheduled trial and ultimate settlement, Ms. Ballard’s attorney notified her that she would be moving out of state, although counsel was present for the execution of the settlement agreement. Following the execution of the settlement agreement, Ms. Ballard’s attorney arranged for replacement counsel to take over her case, but Ms. Ballard filed a motion seeking to withdraw replacement counsel and to proceed pro se in the post-settlement matters, The District Court granted Ms. Ballard’s request for withdrawal of counsel.

^ months after the settlement and the dismissal of the case, Ms. Ballard filed a pro se motion to vacate the dismissal of the case and the settlement agreement, She claimed that she signed the settlement agreement under duress because her attorney pressured her and because she was given one document almost two weeks before the settlement and then another document the night before the settlement. She also claimed that the agreement did not “come close to satisfying the justice due for my daughter or covering the cost of the expenses [injcurred in the process.... ” App. at 42.

The Court denied the motion to vacate the settlement agreement and to reopen the case The Court held that Ms. Ballard jiad n0^ made a showing of duress, in light 0f fact that she was represented by counsei and admitted that she had signed y,e agreement upon the advice of counsel, The Court also rejected Ms. Ballard’s other contention, which was that the settlement terms did not cover her costs in pursuing litigation. The District Court rejected that argument, reasoning that “[gjood cause cannot be found simply because one party changed her mind after entering into an otherwise valid agreement.” App. at 3. Essentially, the Court determined that Ms. Ballard’s second [187]*187thoughts about the prudence of the settlement agreement did not constitute good cause to reopen the case. See App. at 3.

Ms. Ballard filed a timely appeal, raising four arguments: (1) there was no meeting of the minds about the terms of the settlement agreement because she was under duress when she signed it; (2) there was no meeting of the minds between client and attorney; (3) counsel was ineffective; and (4) she should have been given ninety days to reconsider under the terms of Local Rule 41.1(b). In her appellate brief, Ms. Ballard argues, through counsel, that the District Court erred in declining to set aside the settlement agreement into which Ms. Ballard entered unknowingly and waived her child’s civil right to a free appropriate public education (“FAPE”). She also argues that the District Court erred by applying the Rule 41.1(b) standard for dismissal rather than the “totality of the circumstances” standard set forth in W.B. v. Matula, 67 F.3d 484, 493 (3d Cir. 1995).

In response, the School District argues that the District Court did not abuse its discretion in failing to find good cause to reopen the case where Ms. Ballard was represented by counsel and knowingly entered into a settlement agreement but later changed her mind.

II.

We review the District Court’s decision not to reopen the case for abuse of discretion. See Reform Party of Allegheny County v. Allegheny County Dep’t of Elections, 174 F.3d 305, 311 (3d Cir.1999) (en banc).

III.

Local Rule 41.1(b) provides:

[w]henever in any civil action counsel shall notify the Clerk or the judge to whom the action is assigned that the issues between the parties have been settled, the Clerk shall, upon order of the judge to whom the case is assigned, enter an order dismissing the action with prejudice, without costs, pursuant to the agreement of counsel. Any such order of dismissal may be vacated, modified, or stricken from the record, for cause shown, upon the application of any party served within ninety (90) days of the entry of such order of dismissal.

E.D.Pa. L.R. Civ. P. 41.1(b) (2007).

The District Court concluded that Ms.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

I.K. v. School District of Haverford Township
961 F. Supp. 2d 674 (E.D. Pennsylvania, 2013)
J.K. v. Council Rock School District
833 F. Supp. 2d 436 (E.D. Pennsylvania, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
273 F. App'x 184, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ballard-v-philadelphia-school-district-ca3-2008.