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11-3471 - Morgan Hill Concerned Parents Association v. California Department of Education


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11-3471 - Morgan Hill Concerned Parents Association v. California Department of Education
March 29, 2013
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ORDER signed by Judge Kimberly J. Mueller on 3/29/2013 ORDERING 13 Motion to Dismiss is DENIED. (Waggoner, D)
May 24, 2013
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STATUS (PRETRIAL SCHEDULING) ORDER signed by Judge Kimberly J. Mueller on 5/23/2013 ORDERING that Defendants shall have until 8/22/2013, to seek joinder of the U.S. Department of Education and local education agencies. A further status conference is set for 8/22/2013. The parties shall file a joint status report by close of business on 8/16/2013. (Zignago, K.)
August 1, 2013
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ORDER signed by Judge Kimberly J. Mueller on 7/31/13 ORDERING that the Court DECLINES to reassign Everett H under Local Rule 123(c).(Mena-Sanchez, L)
February 20, 2014
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ORDER signed by Judge Kimberly J. Mueller on 2/20/14 Confirming Schedule Outlined at Status Conference. (Meuleman, A)
April 2, 2014
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PROTECTIVE ORDER [with Court modifications] signed by Judge Kimberly J. Mueller on 4/2/2014. (Waggoner, D)
April 2, 2014
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ORDER to SHOW CAUSE signed by Judge Kimberly J. Mueller on 4/2/2014 ORDERING counsel for plaintiffs and defendant to SHOW CAUSE why they should not be monetarily sanctioned, in the amount of $250.00 each, for failure to meet and confer about the protective order. Counsel for each party shall respond by filing a sworn declaration within seven days of the date of this order. All other provisions of the court's order of 2/20/2014, remain in effect. (Zignago, K.)
May 1, 2014
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ORDER re 52 Order to Show Cause signed by Judge Kimberly J. Mueller on 4/30/2014 SANCTIONING each party $250.00; ORDERING that counsel not relay this cost to their clients; ORDERING counsel to remit payment and to file a declaration so stating within seven (7) days; WARNING counsel that a failure to comply will result in additional sanctions. (Michel, G)
May 5, 2014
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STIPULATED PROTECTIVE ORDER signed by Judge Kimberly J. Mueller on 5/2/14 re 58. The Parties in this matter shall be bound by the terms of this Stipulated Protective Order. (Meuleman, A)
October 16, 2014
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STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 10/15/14 ORDERING that the hearing on Plaintiffs' 64 Motion to Compel Defendant to Produce Further Documents is CONTINUED to 11/19/2014 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. (Kastilahn, A)
December 17, 2014
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ORDER signed by Judge Kimberly J. Mueller on 12/16/14: Plaintiffs' motion to compel production of documents (ECF 64) is denied without prejudice. Plaintiffs' motion to continue the discovery cut-off date (ECF 77) is DENIED as moot. (Kaminski, H)
February 10, 2015
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ORDER signed by Judge Kimberly J. Mueller on 2/9/2015 ORDERING the parties to meet in person at least twice in the next twenty-one (21) days to develop a new joint report; ORDERING that said report be filed within thirty (30) days; ORDERING the parties to refrain from filing or proceeding on any discovery motions before the magistrate judge until this court approves a new fact discovery schedule. (Michel, G.)
March 30, 2015
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ORDER signed by Judge Kimberly J. Mueller on 3/30/2015 FINDING that it's appropriate to appoint a special master for the limited purpose, at least initially, of assisting the parties in developing methods of propounding and responding to requests for electronic discovery materials; DIRECTING the parties to submit at least three (3) days prior to the Status Conference set for 4/30/2015, a joint report identifying at least three (3) and no more than five (5) candidates for the position of special master. (Michel, G.)
May 15, 2015
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ORDER signed by Judge Kimberly J. Mueller on 5/14/15. A further Status Conference is set for 6/25/2015 at 02:30 PM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller. Joint Status Report with Joint Proposal(s) defining the Special Master's role due 7 days prior to conference. (Manzer, C)
June 2, 2015
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ORDER signed by Judge Kimberly J. Mueller on 6/1/15. The Clerk of the Court is DIRECTED to serve a courtesy copy of this order with the attachment on Mr. Krone at the mailing and e-mail addresses shown on the attachment. (Attachments: # (1) Proposed Special Master Protocol and Budget)(Meuleman, A)
July 2, 2015
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ORDER signed by Judge Kimberly J. Mueller on 7/2/2015 APPOINTING Special Master Winston Krone and ORDERING a further Status Conference set for 10/15/2015 at 02:30 PM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller. (Attachments: # (1) Exhibit A)(Donati, J)
September 14, 2015
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ORDER signed by Judge Kimberly J. Mueller on 09/14/15 (nunc pro tunc to 09/11/15) ORDERING that the deadline for the jointly agreed proposed discovery protocoal is EXTENDED until 09/18/15. (Benson, A)
November 3, 2015
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ate Magistrate Judge Claire may resolve the question. (Attachments: # (1) Proposed E-Discovery Protocol) (Marciel, M)ORDER regarding E-Discovery Protocol signed by Judge Kimberly J. Mueller on 11/3/2015. The Special Master's 120 Proposed E-Discovery Protocol, attached hereto and incorporated herein, is APPROVED. Within 30 days, the CDE shall meet and confer with Special Master as specified. The Special Master will report to Court, as specified in Order, within 45 days. As specified above, private student data will not be disclosed pending certification of plaintiff's secure environment by Special Master and further order of Court.Within 30 days, parties shall meet, confer, and propose an Order as provided by Federal Rule of Evidence 502(d) for review and approval by MagistrateJudge Allison Claire. Within 45 days, parties shall file a Proposed Order detailing schedule, form of notice and objection, method(s) of publication, and allocation of associated costs. Magistrate Judge Claire shall review and may approve Proposed Order. Within 7 days, if any party wishes to contest Court's conclusion that a Statement of Reasons should be optional in FERPA Notice, that party may file a Statement of Authority with brief argument with Magistrate Judge Claire. Any opposing statement of authority shall be filed 7 days thereafter, after which d
December 1, 2015
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ORDER signed by Judge Kimberly J. Mueller on 12/1/2015 ORDERING by previous order, 116 the court appointed Winston Krone discovery Special Master in this case; the court also concluded the CA Department of Education should bear the responsibility for special master's fees at this stage of the case; the court clarified it would issue a separate order on the method of payment; THIS IS THAT SEPARATE ORDER the itemized invoice will be forwarded by email to both parties; No later than 14 days after the date this order is filed, the CDE may object to any item in that invoice in an in camera filing submitted to [email protected] and served on plaintiffs' counsel; the court may then request a response from plaintiffs' counsel if necessary. (cc: Invoice to Winston Krone, CDE)(Reader, L)
December 2, 2015
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ORDER signed by Magistrate Judge Allison Claire on 12/1/2015 GRANTING defendant's 130 Motion for 60-Day Extension of Time. The hearing on plaintiff's 129 Motion to Compel Further Responses is CONTINUED to 1/13/2016 at 10:00 AM in Courtroom 26 (AC). Parties shall file a Joint Statement fully complying with Local Rule 251 (including its meet and confer requirements), no later than 1/6/2016 at 3:30 PM. Going forward, no person or party shall file a Discovery Motion under Rules 26 - 37 and 45, until it has first met and conferred with affected person or party. The Motion shall contain a certification that movant has in good faith conferred or attempted to confer with other affected persons or parties in an effort to resolve dispute without court action. (Marciel, M)
December 18, 2015
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ORDER re Federal Rules of Evidence signed by Magistrate Judge Allison Claire on 12/17/15. (Kaminski, H)
January 5, 2016
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ORDER signed by Magistrate Judge Allison Claire on 1/4/16 ORDERING that Defendant's Motion for Reconsideration ECF No. 142, is GRANTED in part, inasmuch as Defendant's Motion will be DENIED for its violation of Local Rule 251, rather than Local Rule 230; Defendant's Motion for Protective Order ECF No. 138, is DENIED without prejudice to its renewal in proper form under Local Rule 251, and the 1/13/16, 2016 hearing on the motion is VACATED; Defendant's Motion for Protective Order ECF No. 138 is ordered STRICKEN from the docket. Plaintiff's Motion To Compel ECF No. 129, is unaffected by this order, and remains scheduled for hearing on 1/13/16. (Mena-Sanchez, L)
January 14, 2016
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ORDER signed by District Judge Kimberly J. Mueller on 1/13/2016 ORDERING that within 14 days of the date this order is filed the California Department of Education shall remit $23,678.88 to Special Master Winston Krone. (Reader, L)
January 25, 2016
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ORDER signed by District Judge Kimberly J. Mueller on 1/22/16 ORDERING that payment of the Special Master commencing with his invoice dated January 9, 2016 and going forward shall be made in accordance with the provisions of this order. (Becknal, R)
January 26, 2016
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ORDER signed by Magistrate Judge Allison Claire on 01/26/16 ORDERING that plaintiff's 129 Motion to Compel is GRANTED IN PART and DENIED IN PART as detailed in order. (Benson, A)
January 26, 2016
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ORDER signed by Magistrate Judge Allison Claire on 01/25/16 ORDERING that Defendant California Department of Education (CDE) shall post the attached Notice (Exhibit A) for 30 days following its initial posting, that is, from 02/01/16-04/01/16. Defendant will post the Notice in the form set forth in Exhibit A (attached to this Order), and will provide an Objection Form as set forth in Exhibit B (attached to this Order). Defendant will post the Notice and Objection Form on its website, and will request that special education local plan areas (SELPAs) and local educational agencies (LEAs) post the notice and objection form on their websites. Defendant will be responsible for all costs associated with posting the Notice and Objection Form. (Attachments: # (1) Exhibit A)(Benson, A)
February 22, 2016
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ORDER signed by District Judge Kimberly J. Mueller on 02/21/16 ORDERING that a Status Conference is SET for 2/26/2016 at 11:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. Parties shall file separate statements which may be in the form of sworn declarations with attachments by 02/24/16. (Benson, A)
March 1, 2016
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ORDER signed by District Judge Kimberly J. Mueller on 3/1/2016 MODIFYING the E-discovery Protocol previously approved by the court on 11/3/2015 with respect to the CALPADS database to remove Option 1 and provide that Option 2 will apply to any discovery with respect to that database. The Special Master is DIRECTED to meet with the parties within 30 days and review the method of implementation of CALPADS Option 2. The Special Master shall review with the parties any deadlines previously set and within 14 days propose extended deadlines for any tasks that require completion at this time. The Clerk of Court is DIRECTED to preserve objections in sealed boxes store in a secure room until further order of the court. Objections will be lodged under seal instead of filed as previously ordered. (Donati, J)
April 4, 2016
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Magistrate Judge. The court expressly reserves the right to further modify the procedure for payment of the Special Master if future circumstances call for such modification (cc: Financial). (Benson, A)ORDER signed by District Judge Kimberly J. Mueller on 04/04/16 ORDERING that the Discovery Protocol remains in force, and will not be modified except by an order of court after a showing of good cause; counsel shall work toward the completion of discovery in this case in good faith; the parties and the Special Master will continue to work toward the production of email and network files as specified in the Discovery Protocol. In all other respects, the court has determined the parties will not benefit from further direct coordination with the Special Master. The parties are directed to restrict their communications with him to discussions about the production of email and network files. The Special Master will continue to fulfill his role, but at this point by assisting as an independent technical expert, including by assisting the assigned Magistrate Judge in any discovery matter she deems requires his assistance. Any end runs around the orderly procedure for reimbursement of the Special Master shall be addressed through appropriate sanctions. To clarify the Special Master's role as a surrogate of the court, the procedure for payment of his reasonable expenses is hereby modified to provide that upon approval of his expenses by the Magistrate Judge, the party owing payment shall promptly forward the funds due to the Clerk of the Court, who is directed to establish an account for this purpose. The Clerk will then disburse the funds to the Special Master as approved by the
April 5, 2016
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ORDER signed by Magistrate Judge Allison Claire on 4/5/2016 SETTING a Discovery Status Conference for 5/11/2016 at 01:00 PM in Courtroom 26 (AC) before Magistrate Judge Allison Claire; ORDERING counsel for all parties to be present at said conference; CAUTIONING all parties that telephone participation will not be permitted; ORDERING that no party file a discovery motion until after the Discovery Status Conference; ORDERING the parties to serve and file separate Status Reports by 4/27/2016 at 04:30 PM. (Michel, G.)
April 14, 2016
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ORDER signed by District Judge Kimberly J. Mueller on 4/13/2016 CONTINUING the hearing on 172 Motion for Judgment on the Pleadings to 7/29/2016 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. (Michel, G.)
May 12, 2016
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ORDER signed by Magistrate Judge Allison Claire on 5/12/16 ORDERING Defendants shall file, no later than 14 days from the date of this order, a letter (not to exceed two pages in length), stating (a) the date they will complete the initial email searches using their own seven search terms, as referred to in their Discovery Status Report, ECF No. 176 at 2, (b) when the emails will be produced to plaintiffs, and (c) the reasons that production cannot be accomplished sooner; Plaintiffs may file a response, not to exceed two pages in length, no later than two days later; the court will issue a scheduling order upon consideration of the submissions ordered herein. (Becknal, R)
June 3, 2016
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ORDER signed by Magistrate Judge Allison Claire on 6/3/2016 re: Discovery Deadlines. (Donati, J)
July 18, 2016
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ORDER signed by Magistrate Judge Allison Claire on 7/18/2016 DENYING 207 Request for Leave to File Invoices In Camera. (Zignago, K.)
August 1, 2016
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ORDER signed by District Judge Kimberly J. Mueller on 8/1/16 ORDERING that CDE's 211 reply brief is STRICKEN. The CDE may file an amended reply that complies with this court's standing order within seven days. (Kastilahn, A)
August 17, 2016
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ORDER signed by Magistrate Judge Allison Claire on 8/17/2016 DENYING 195 Motion for Protective Order; AWARDING the plaintiffs $10,425.00 in attorneys' fees under F.R.Cv.P. Rules 26(c)(3) and 37(a)(5)(A); GRANTING IN PART, DENYING IN PART 196 Motion to Compel; AWARDING the defendant $6,800.00 in attorneys' fees under F.R.Cv.P. Rule 37(a)(5)(C); GRANTING IN PART, DENYING IN PART 206 Motion for Sanctions; AWARDING the plaintiffs $77,814.48 in attorneys' fees under F.R.Cv.P. Rule 37(a)(5)(C) only; DENYING 216 Motion to Strike; REFERRING 206 Motion for Sanctions under Rule 16 (ECF No. 206-1 at 22) to Judge Kimberly J. Mueller, wihout recommendation. (Michel, G.)
August 29, 2016
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ORDER signed by Magistrate Judge Allison Claire on 8/29/16 ORDERING Plaintiffs shall invite defendant's counsel and expert(s) to attend the meeting plaintiffs wishes to have with the Special Master regarding "load files"; Within 45 days from the date of this order, defendant shall revise its June 17, 2016 and July 15, 2016 productions of emails, to include a metadata field entitled "Search Results," as described in the August 15, 2016 cover letter. Revised cover letters should be included and provided to the court; Within 45 days of the date of this order, defendant shall revise all the email privilege logs. The privilege logs must comply with Rule 26(b)(5)(A). Plaintiffs shall promptly notify the court when its secure environment has been certified by the Special Master. Upon receipt of the certification, the undersigned will provide an opportunity for defendant to review the certification and file confidential objections, if any, while preserving the confidentiality of the certification and the underlying environment. (Becknal, R)
September 12, 2016
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ORDER signed by Magistrate Judge Allison Claire on 9/12/16 ORDERING that the Court approves the Special Master's request to meet with plaintiff's counsel and her e-Discovery consultant prior to the upcoming joint meeting of the parties with the Special Master. Defendant's objection is noted and overruled. (Kastilahn, A)
October 24, 2016
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ORDER signed by Magistrate Judge Allison Claire on 10/21/2016 ORDERING that this matter is set for a further Discovery Status Conference on 11/4/2016 at 09:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. (Zignago, K.)
October 31, 2016
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ORDER signed by Magistrate Judge Allison Claire on 10/31/2016 ORDERING that the production due on 11/4/2016 is temporarily STAYED. The parties shall be prepared to discuss the matter at the 11/4/2016 discovery conference. (Zignago, K.)
November 7, 2016
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ORDER signed by Magistrate Judge Allison Claire on 11/4/16 ORDERING that Plaintiffs' Motion To Compel (ECF No. 265), is VACATED without prejudice to renewal pursuant to Local Rule 230. Plaintiffs shall not renew the motion until they have met and conferred with defendants re the privilege log issues discussed at the discovery conference, and plaintiffs determine whether or not to bring a motion to compel production of discovery withheld pursuant to claims(s) of privilege; All motions relating to a particular production or set of productions shall be brought together in a single motion if possible, shall comply with Local Rule 230 (without regard to Local Rule 251), and shall be noticed for the same hearing date; The production stay imposed by ECF No. 266 is CONFIRMED, and will continue until ordered otherwise. (Becknal, R)
February 2, 2017
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ORDER signed by Magistrate Judge Allison Claire on 2/1/17 ORDERING that Plaintiffs' motion to compel 273 is GRANTED, as follows: Within 30 days, CDE shall produce all ESI in native format with all metadata attached. Any ESI that has already been produced in another format shall be reproduced in native format with all metadata attached, within 30 days; and Within 30 days, CDE shall produce (i) all documents withheld under its privilege logs, or (ii) legally sufficient privilege logs to cover those documents; Plaintiffs' request for attorneys' fees 273 is DENIED without prejudice to its renewal, within 30 days, using Sacramento rates. Defendants' motion for a protective order 272 is DENIED, as follows: Defendant's request for a protective order is DENIED; and Defendant's request for attorneys' fees is DENIED. (Becknal, R)
April 14, 2017
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[VACATED]ORDER signed by Magistrate Judge Allison Claire on 4/14/17 ORDERING that Defendants shall promptly forward the amount of $10,937.50 to the Clerk. Upon receipt of the funds, the Clerk shall disburse the amount of$10,937.50 to the Special Master Winston Krong. (cc: Financial Dept) (Kastilahn, A) SEE: 299 Modified on 4/18/2017 (Becknal, R).
April 14, 2017
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ORDER signed by Magistrate Judge Allison Claire on 4/14/17 ORDERING that the 4/19/17 hearing of plaintiff's 291 motion for attorneys' fees is VACATED. Plaintiff shall re-notice the motion for hearing before the undersigned within 30 days of the resolution of plaintiff's motions for reconsideration. (ECF Nos. 236 & 288.) (Kastilahn, A)
April 18, 2017
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[VACATED SEE 318] AMENDED ORDER signed by Magistrate Judge Allison Claire on 4/17/17 ORDERING that Defendants shall promptly forward the amt of $10,937.50 to the Clerk of the Court; Upon receipt of the funds, the Court shall disburse the amt of$10,937.50 to Kivu Consulting Inc. at the following address: Kivu Consulting, Inc. Attn: Winston Krone, Esq., 44 Montgomery Street, Suite 700, San Francisco, CA 94104; The Clerk is directed to serve a copy of this order on the Financial Dept; The order docketed as ECF No. 297 is VACATED. (cc Financial Dept)(Becknal, R) Modified on 7/27/2017 (Washington, S).
April 18, 2017
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ORDER signed by District Judge Kimberly J. Mueller on 4/18/17 ORDERING that plaintiffs' 288 request for reconsideration of the magistrate judge's 2/2/2017 order is DENIED. Regarding the parties' prior requests for reconsideration of the magistrate judge's 8/17/2016 order, see ECF Nos. 236, 239, 240, the court will address these requests separately with one exception here. Plaintiffs' prior request asked for reconsideration of the magistrate judge's adoption of Sacramento rates in calculating sanctions at that time under Rule 37(a)(5). ECF No. 236 at 6, 2223. The court finds the magistrate judge's determination in that 2016 order was not clearly erroneous or contrary to law, and so DENIES that portion of plaintiffs' request. The court will fully resolve the remaining portions of ECF No. 236 in an order to follow. (Kastilahn, A)
April 19, 2017
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ORDER signed by District Judge Kimberly J. Mueller on 04/18/17 ORDERING that Defendants shall promptly forward the amount of $2,362.50 to the Clerk of the Court; upon receipt of the funds, the Clerk shall disburse the amount of $2,362.50 to the Special Master Winston Krone (cc: Financial). (Benson, A)
April 19, 2017
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[VACATED PER 317 ORDER] AMENDED ORDER signed by District Judge Kimberly J. Mueller on 4/19/17 ORDERING that Defendants shall promptly forward the amount of $2362.50 to the Clerk of the Court; Upon receipt of the funds, the Clerk of the Court shall disburse the amount of $2362.50 to the Special Master at the following address:Kivu Consulting, Inc., Attn: Winston Krone, Esq., 44 Montgomery Street, Suite 700, San Francisco, CA 94104; The Clerk of the Court is directed to serve a copy of this order on the Financial Department of the Court; The order docketed as ECF No. 301 is VACATED. (cc Financial Department) (Becknal, R) Modified on 7/25/2017 (Benson, A).
May 12, 2017
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ORDER signed by District Judge Kimberly J. Mueller on 5/11/2017 ORDERING that defendants' 303 Request for Reconsideration is DENIED without prejudice to its renewal, as appropriate, in accordance with the provisions of this order. (Zignago, K.)
June 9, 2017
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ORDER signed by Magistrate Judge Allison Claire on 06/08/17 ORDERING that the ruling on 304 Motion for Mandatory Fee and Costs Award is as follows: Plaintiffs are awarded $97,040.00, based on plaintiffs' reasonable hours expended in bringing their motion to compel (263.83 attorney hours and 62.66 paralegal hours) multiplied by the appropriate Sacramento attorney and paralegal rates ($350 for attorneys and $75 for paralegals). (Benson, A)
June 15, 2017
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ORDER signed by District Judge Kimberly J. Mueller on 6/14/2017 ORDERING CDE's Motion for Judgment on the pleadings is DENIED. Plaintiffs' motion for sanctions under Rule 16 is DENIED. This order resolves ECF Nos. 172 and 206. (Reader, L)
July 21, 2017
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ORDER signed by District Judge Kimberly J. Mueller on 7/20/2017 DENYING 236, 239, 240 Requests for Reconsideration. (Michel, G.)
July 25, 2017
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ORDER signed by District Judge Kimberly J. Mueller on 07/25/17 ORDERING that the court VACATES its 302 order requiring CDE to pay $2362.50 for those services. The Special Master is DIRECTED to submit a renewed preliminary invoice, as required by step (1) in the process outlined in this order, for the $2362.50 for services rendered between 11/11/15-12/22/15. After he does so, the remaining steps and deadlines outlined in the order will apply: the parties will have 14 days to file any objections; the Special Master will have 30 days to file a final invoice and a response to any objections; and the parties will have 14 days to file any objections to the final invoice. All filings should be made under seal as outlined in the order. (Benson, A)
July 27, 2017
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ORDER signed by Magistrate Judge Allison Claire on 7/26/2017 VACATING 299 Order requiring CDE to pay $10,937.50 in fees to the Special Master. The parties are directed to the 317 order detailing the newly instituted process for adjudicating the issue of Special Master fees. (Washington, S)
August 10, 2017
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ORDER signed by Magistrate Judge Allison Claire on 8/10/17, ORDERING that Plaintiffs' request to seal the Annotated Privilege Log is:GRANTED in its entirety and shall be filed under seal pursuant to Local Rule 141(e)(2)(1). (Kastilahn, A)
September 19, 2017
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ORDER signed by Magistrate Judge Allison Claire on 9/18/17, GRANTING Plaintiffs' 324 motion for discovery and to compel the production of documents withheld under the deliberative process privilege. Defendant's claims of deliberative process privilege are OVERRULED and defendant is ORDERED to turn over all documents withheld solely on the basis of deliberative process privilege within 10 days of this order. Defendant is ORDERED to pay plaintiff $38,622.50 in attorney's fees within 10 days of the order. (Kastilahn, A)