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R., et al. v. Yough School

January 31, 2006·Yough

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

DAVID M.R., a minor, by his ) parents, natural guardians ) and next friends, DAVID S.R. ) and CHRISTINA R.; and DAVID ) S.R. and CHRISTINA R., on ) their own behalf; ) Civil Action No. 03-1090 ) Judge Joy Flowers Conti/ Plaintiffs, ) Magistrate Judge Sensenich ) Re: Doc. No. 40 v. ) ) THE YOUGH SCHOOL DISTRICT; ) ) Defendant )

MEMORANDUM ORDER

On July 24, 2003, this case was referred to United

States Magistrate Judge Ila Jeanne Sensenich for pretrial

proceedings in accordance with the Magistrates Act, 28 U.S.C.

§§ 636(b)(1)(A) and (B), and Rules 71.1.3 and 72.1.4 of the Local

Rules for Magistrates.

The magistrate judge's report and recommendation on

Plaintiffs’ Motion for Attorney’s Fees, filed on December 16,

2005, recommended that their Motion for Attorney’s fees be

granted to the extent that they are entitled to an award of fees

in the amount of $26,193.75 and an award of costs in the amount

of $2,240.60 for a total award of $28,434.35. The parties were

allowed ten (10) days from the date of service to file

objections. Service was made on all parties. Objections to the

report and recommendation were filed by Defendant on December 26,

2005 and by Plaintiffs on January 2, 2006. Plaintiffs filed a

response to Defendant’s objections on January 2, 2006 and

Defendant filed a response to Plaintiffs’ objections on

January 9, 2006.

After de novo review of the pleadings and documents in

the case, together with the report and recommendation and the

objections and responses thereto, the following order is entered:

AND NOW, this 30th day of January, 2006;

IT IS HEREBY ORDERED that Plaintiffs’ Motion for

Attorney’s Fees is granted to the extent that they are entitled

to an award of fees in the amount of $26,193.75 and an award

of costs in the amount of $2,240.60 for a total award of

$28,434.35.

The report and recommendation of Magistrate Judge

Sensenich, dated December 16, 2005, is adopted as the opinion of

the court.

/s/ Joy Flowers Conti Joy Flowers Conti United States District Judge

cc: Ila Jeanne Sensenich U.S. Magistrate Judge

Bernard M. Schneider, Esq. Brucker, Olszewski, Schneider & Porter Weyman Plaza, Suite 320 300 Weyman Road Pittsburgh, PA 15236

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Patricia R. Andrews, Esq. Andrews & Price Suite 506 1500 Ardmore Boulevard Pittsburgh, PA 15221

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W.D. Pa.: R., et al. v. Yough School | Special Education Law