I.W. v. Clovis Unified School District

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 I.W., a minor, by and through his mother, Case No. 1:24-cv-01074 JLT BAM Ruth Aguirre, 12 ORDER ADOPTING FINDINGS AND Plaintiff, RECOMMENDATIONS, GRANTING 13 PLAINTIFF’S MOTION FOR APPROVAL OF v. MINOR’S COMPROMISE, AND 14 APPROVING MINOR’S COMPROMISE CLOVIS UNIFIED SCHOOL DISTRICT, 15 (Docs. 21, 26) Defendant. 16 17 I.W., a minor, by and through his mother and guardian ad litem, Ruth Aguirre, alleges that 18 the Clovis Unified School District (“CUSD”) violated his rights under the American with 19 Disabilities Act, Section 504 of the Rehabilitation Act of 1973, the Individuals with Disabilities 20 Education Act, and the California Education Code. Following a notice of settlement, Plaintiff 21 filed a motion for approval of the minor’s compromise. (Doc. 21.) The motion was submitted to 22 the assigned magistrate judge for the issuance of findings and recommendations. (Doc. 6-1 at 2.) 23 On April 1, 2025, the assigned magistrate judge issued Findings and Recommendations 24 that the motion for approval of minor’s compromise be granted and the settlement be approved as 25 fair and reasonable. (Doc. 26.) The Court served the Findings and Recommendations on all 26 parties, and notified them that any objections were due within fourteen (14) days. (Id. at 15.) 27 The Court also informed the parties that “the failure to file objections within the specified time 28 may result in the waiver of the ‘right to challenge the magistrate’s factual findings’ on appeal.” 1 | Cd. at 15-16, quoting Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014).) On April 8, 2 | 2025, Plaintiff filed a statement of non-objection to the Findings and Recommendations. (Doc. 3 | 27.) CUSD did not file any objections, and the time in which to do so has passed. 4 According to 28 U.S.C. § 636 (b)(1)(c), this Court conducted a de novo review of the 5 | case. Having carefully reviewed the entire matter, the Court concludes that the findings and 6 || recommendations are supported by the record and proper analysis. Accordingly, the Court 7 | ORDERS: 8 1. The Findings and Recommendations issued on April 1, 2025 (Doc. 26) are 9 ADOPTED. 10 2. Plaintiff's motion for approval of minor’s compromise (Doc. 21) is GRANTED. 11 3. The settlement is APPROVED as fair and reasonable. 12 B IT IS SO ORDERED. | Dated: _ April 18, 2025 Cerin | Tower TED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28