Henrietta Tudela et al.,
v.
Hawaii State Board Of Education et al
United States District Court, D. Hawaii
November 2, 2021
MINUTES ORDER
Leslie E. Kobayashi, JUDGE.
COURT ACTION: EO: COURT ORDER: INFORMING THE PARTIES THAT THE STATE DEFENDANTS' MOTION FOR JUDGMENT ON THE PLEADINGS IS GRANTED
On September 23, 2021, Defendant/Cross-claim Defendant Hawai`i State Board of Education (“BOE”) and Defendant Hawai`i State Department of Education (“DOE” and, collectively, “State Defendants”) filed their Motion for Judgment on the Pleadings (“Motion”). [Dkt. no. 24.] On October 15, 2021, Plaintiffs Henrietta Tudela (“Tudela”) and James T. Furuya (“Furuya”), individually and as parents and next friends of their minor child, J.R.K.F. 2006 (collectively “Plaintiffs”), filed their memorandum in opposition, and Defendants/Crossclaimants Bayada Home Care (“BHC”) and Warrick Kekauoha (“Kekauoha” and, collectively, “BHC Defendants”) filed a statement of no position. [Dkt. nos. 27, 26.] This Court has found the Motion suitable for disposition without a hearing, pursuant to Local Rule 7.1(c). See EO, filed 11/1/21 (dkt. no. 30). The parties are hereby informed that the Motion is GRANTED.
I. Unopposed Claims
Plaintiffs do not oppose the Motion as to: Count I (Plaintiffs' claim alleging the State Defendants violated the Individuals with Disabilities Education Act of 1997); Count III (negligence claim against the State Defendants); Count IV (negligent training and/or supervision claim against the State Defendants and BHC); Count V (intentional infliction of emotional distress against the State Defendants and the BHC Defendants); and Count VI (negligent infliction of emotional distress against the State Defendants and the BHC Defendants). Mem. in Opp. at 2; see also Complaint, filed 4/19/21 (dkt. no. 1), at pgs. 10-15. The Motion also seeks judgment on the pleadings as to the BHC Defendants' Cross-claim against BOE for indemnification, contribution, and/or reimbursement. Mem. in Supp. of Motion at 2; see also BHC Defs.' Cross-claim Against Defendant Hawaii State Board of Education, filed 6/8/21 (dkt. no. 15-1). Insofar as the BHC Defendants have taken no position on the Motion, they have failed to identify any reason why the Motion should be denied as to the Cross-claim. For the reasons stated in the Motion, judgment on the pleadings is GRANTED: in favor of the State Defendants as to
Plaintiffs' claims against them in Counts I, III, IV, V, and VI of the Complaint; and in favor of the BOE as to the BHC Defendants' Cross-claim.
Although this Court has discretion to grant partial judgment on the...
