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Lucht v. MOLALLA RIVER SCHOOL DISTRICT
Citations: 63 F. Supp. 2d 1256; 1999 WL 685885Docket: CV 98-1375-ST
Court: District Court, D. Oregon; September 3, 1999; Federal District Court
Dale A. Lucht and Terry E. Lucht, the plaintiffs, filed a motion for attorney fees and nontaxable expenses totaling $9,623.28 following a favorable judgment against the Molalla River School District in a case under 20 U.S.C. § 1415(i)(3)(B). The defendant did not contest the amount or the plaintiffs' entitlement as prevailing parties but requested a stay on the enforcement of any judgment due to its pending appeal of the original judgment to the Ninth Circuit Court of Appeals. Magistrate Judge Janice M. Stewart recommended granting the plaintiffs' motion, suggesting that the court should enter a Supplemental Judgment for the requested amount but stay its enforcement until the appeal is resolved. District Judge Panner adopted this recommendation, granting the motion and ordering the entry of a Supplemental Judgment for the plaintiffs, with enforcement stayed pending the outcome of the appeal. The document concludes with an order affirming these decisions and noting no timely objections were filed.