Ivey v. Davis Elementary School ( 2014 )

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
________________________________
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JONISHA IVEY, )
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Plaintiff, )
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v. ) Civil Action No. 13-1083 (EGS)
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DAVIS ELEMENTARY SCHOOL, )
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Defendant. )
________________________________ )
MEMORANDUM OPINION
On September 19, 2014, the Court granted the District of Columbia’s motion to dismiss
the complaint brought by the mother of two disabled children but stayed this action for one year
so that plaintiff could exhaust her administrative remedies under the Individuals with Disabilities
Education Act (“IDEA”). See Mem. Op. and Order [Dkt. # 11]. The District of Columbia
moves pursuant to Fed. R. Civ. P. 59(e) and 60(b)(6) for relief from the order staying the case
due to settlement agreements reached for each child while this case was pending. See Def.
D.C.’s Mot. for Partial Relief [Dkt. # 12], Exs. 1 and 2 (Final Offer of Settlement Pursuant to 20
U.S.C. § 1415(i)(3)(D)(i) by Respondent D.C. Public Schools to Petitioner Jonisha Ivey on
Behalf of [Redacted Name], executed March 26, 2014).
It is unclear why the parties did not file a stipulation of dismissal in light of the
settlement. However, plaintiff does not dispute the validity of the settlement agreements and is
bound by the provision that waives all current and future claims “known and unknown, against
DCPS under IDEA” arising from events that took place “up to the date of this Agreement.” Id. ¶
10; see Pl.’s Resp. [Dkt. # 15] (requesting time to obtain counsel “and or time to utilize the
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administrative remedies”). Cf. Miller v. U.S., 603 F. Supp. 2d 1244, 1251 (D.D.C. 1985)
(finding plaintiff “barred by [prior] settlement agreement in which he undertook, for substantial
consideration, not to raise the events covered by this action in subsequent administrative or
judicial claims”). Permitting time for plaintiff to exhaust her administrative remedies and then
seek to reactivate this case would be a futile exercise. Hence, the Court will grant defendant’s
pending motion, lift the stay, and dismiss this case with prejudice. A separate order
accompanies this Memorandum Opinion.
SIGNED: EMMET G. SULLIVAN
UNITED STATES DISTRICT JUDGE
DATE: December 15, 2014
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