U.S. Court of Appeals for the Ninth Circuit, 2009

D. K. Ex Rel. Kumetz-Coleman v. Huntington Beach Union High School District

U.S. Court of Appeals for the Ninth Circuit · Decided January 30, 2009 · Kozinski, Trott, Kleinfeld

554 F.3d 780; 2009 U.S. App. LEXIS 1770; 2009 WL 213056 (Federal Reporter, Third Series)

Counsel

William Lee Buus, Buus Kim Kuo & Tran APC, Newport Beach, CA, for plaintiff-appellee Andrea Kumetz-Coleman, as Guardian ad Litem., Andrea Kumetz-Coleman, Westminster, CA, pro se., Steven Kumetz, Los Angeles, CA, pro se., Andrew V. Arczynski, Fullerton, CA, and Caroline Zuk, Long Beach, CA, for the defendant-appellant.

Cases that cite this one

1 later published case cites this decision.

J.T. v. University Place School District (District Court, W.D. Washington 2022)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

ORDER

After we granted permission for this interlocutory appeal under 28 U.S.C. § 1292(b), the Supreme Court held in Winkelman v. Parma City Sch. Dist. 550 U.S. 516, 127 S.Ct. 1994, 167 L.Ed.2d 904 (2007), that the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., gives parents substantive rights that they may vindicate pro se. Because the IDEA rights of parents and children are generally coterminous, see Blanchard v. Morton Sch. Dist., 509 F.3d 934, 936-37 (9th Cir. 2007), the issue certified in this case, whether the parents may also represent their minor child’s IDEA rights pro se, is not ripe. Unless and until the rights or interests of the parents diverge from those of the child, a ruling on the issue would be advisory. We therefore vacate the order granting permission for this appeal. Nickert v. Puget Sound Tug and Barge Co., 480 F.2d 1039 (9th Cir. 1973). After Winkelman was decided, the continued burden, expense and delay from staying district court proceedings and pursuing this interlocutory appeal was wholly unwarranted.

DISMISSED.

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