MEMORANDUM OPINION
JOHN M. FACCIOLA, United States Magistrate Judge.
I. Prior Proceedings
Currently pending and ready for resolution is the only outstanding issue in this case, whether, in light of the Hearing Officer's determination ("HOD") of November 26, 2008, this case, brought under the Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C.A. § 1400 et seq.,
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