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14-4910 - THE SCHOOL DISTRICT OF PHILADELPHIA v. KIRSCH et al


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14-4910 - THE SCHOOL DISTRICT OF PHILADELPHIA v. KIRSCH et al
November 30, 2015
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MEMORANDUM AND OPINION. SIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 11/30/15. 12/1/15 ENTERED & E-MAILED.(fdc)
November 30, 2015
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MEMORANDUM AND ORDER THAT THE CROSS MOTIONS FOR JUDGMENT ON THE ADMINISTRATIVE RECORD ARE GRANTED IN PART AND DENIED IN PART. THE DISTRICT'S MOTION TO DISMISS PARENT'S COUNTERCLAIMS OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT IS GRANTED IN PART AND DENIED IN PART. PARENTS' MOTION FOR LEAVE TO AMEND THEIR COUNTERCLAIMS IS DENIED. SIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 11/30/15. 12/1/15 ENTERED & E-MAILED.(fdc)
June 1, 2016
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MEMORANDUM AND OPINION. SIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 6/1/16. 6/1/16 ENTERED & E-MAILED.(fdc)
June 1, 2016
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MEMORANDUM AND ORDER THAT PLAINTIFF'S OBJECTIONS ARE OVERRULED AND THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; DEFENDANTS' MOTION FOR ENTRY OF JUDGMENT, DKT.NO.33, IS GRANTED; AND JUDGMENT IS ENTERED IN FAVOR OF DEFENDANTS ROBERT KIRSCH AND KAREN MISCHER AND AGAINST PLAINTIFF THE SCHOOL DISTRICT OF PHILADELPHIA IN THE AMOUNT OF $227,788.68. DEFENDANTS SHALL REPAY TO ALAN AND PATRICIA MISHER $110,000.00 OUT OF THE JUDGMENT AWARDED TO THEM. SIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 6/1/16. 6/1/16 ENTERED & E-MAILED.(fdc)
October 6, 2016
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MEMORANDUM AND OPINION. SIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 10/6/16. 10/7/16 ENTERED & E-MAILED.(fdc)
October 6, 2016
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MEMORANDUM AND ORDER THAT PLAINTIFF'S MOTION TO STAY EXECUTION PENDING APPEAL [#55] IS DENIED. SIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 10/6/16. 10/7/16 ENTERED & E-MAILED.(fdc)
December 6, 2016
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MEMORANDUM AND OPINION. SIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 12/6/16. 12/6/16 ENTERED & E-MAILED.(fdc)
December 6, 2016
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E DATES SUCH BASIC TUITION IS DUE. SIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 12/6/16. 12/6/16 ENTERED & E-MAILED.(fdc)MEMORANDUM AND ORDER THAT THE MOTION FOR A PRELIMINARY INJUNCTION BY PARENTS ROBERT KIRSCH AND KAREN MISHER IS GRANTED AS FOLLOWS: 1. PLAINTIFF THE SCHOOL DISTRICT OF PHILADELPHIA SHALL, WITHIN 30 DAYS FROM THE DATE OF THIS ORDER, REMIT $304,388.68 TO PARENTS ($227,788.68 OF WHICH IS THE BASIC TUITION DUE PURSUANT TO 20 USC:1415(J) FOR SEPTEMBER 2013 THROUGH AUGUST 2016 AND $76,600 OF WHICH IS THE AMOUNTS PAID TO DATE FOR BASIC TUITION FOR THE 2016-17 SCHOOL YEAR); 2. PLAINTIFF THE SCHOOL DISTRICT OF PHILADELPHIA SHALL, ON OR BEFORE 1/1/17, REMIT $13,400 TO A STEP UP ACADEMY FOR THE REMAINING BASIC TUITION DUE FOR THE 2016-17 SCHOOL YEAR. DEFENDANTS SHALL REPAY TO ALAN AND PATRICIA MISHER $186,000 UPON RECEIPT OF REIMBURSEMENT FROM THE DISTRICT. DURING THE PENDENCY OF ALL APPEALS IN THIS MATTER PLAINTIFF THE SCHOOL DISTRICT OF PHILADELPHIA SHALL CONTINUE TO MAKE PAYMENTS TO A STEP UP ACADEMY IN THE AMOUNTS DUE FOR BASIC TUITION FOR A.K. AND N.K. ON OR BEFORE TH
January 11, 2017
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MEMORANDUM AND OPINION. SIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 1/11/17. 1/11/17 ENTERED & E-MAILED.(fdc)
January 11, 2017
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MEMORANDUM AND ORDER THAT DEFENDANTS' MOTIONS ARE GRANTED IN PART AND DEFENDANTS ARE AWARDED A TOTAL OF $185,505.63 IN ATTORNEYS' FEES AND $3,703.31 IN COSTS TO BE APPORTIONED AS FOLLOWS: $105,199 IN FEES AND $2,517.45 IN COSTS FOR THE LAW OFFICES OF CARYL ANDREA OBERMAN AND $80,306.63 IN FEES AND $1,185.86 IN COSTS FOR REISMAN CAROLLA GRAN, LLP. SIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 1/11/17. 1/11/17 ENTERED & E-MAILED.(fdc)