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06-2136 - (PS) J.R. v. Sylvan Union School District et al


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06-2136 - (PS) J.R. v. Sylvan Union School District et al
October 2, 2006
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ORDER signed by Judge Lawrence K. Karlton on 10/02/06 re 6 ORDERING that counsel for plt shall SERVE a copy of this order and the motion for a TRO upon dfts not later than close of business today, 10/2/06. Dfts shall FILE their opposition to the motion for a temporary restraining not later than 4:30pm on Tuesday, 10/3/06. Plt may FILE a reply to the opposition no later than 4:30pm on Wednesday, 10/04/06. At the time of filing a motion, opposition, or reply, counsel are directed to email a copy in word processing format to [email protected] The matter is now SET for hearing on 10/6/06 at 4:15pm in courtroom No.4. (Duong, D)
October 11, 2006
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ORDER signed by Judge Lawrence K. Karlton on 10/10/06 ORDERING that plt's motion for a temporary restraining order and preliminary injunction 6 is DENIED. (Duong, D) Modified on 10/12/2006 (Duong, D).
November 27, 2006
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ORDER signed by Judge Lawrence K. Karlton on 11/27/06 ORDERING that plt's motion for reconsideration 37 is DENIED. The hearing set for 12/1/06 is hereby VACATED. (Duong, D)
December 11, 2006
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ORDER signed by Judge Lawrence K. Karlton on 12/8/06 ORDERING that the hearings on the pending motions to dismiss 44, 45, 47 currently set for 1/16/07 are CONTINUED to 3/12/2007 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. The status conference currently set for 12/18/06 is CONTINUED to 3/12/07 at 10:00am in Courtroom Four. (Duong, D)
December 12, 2006
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ORDER signed by Judge Lawrence K. Karlton on 12/12/06 ORDERING that plts' counsel's application to shorten time 61 is DENIED. (Duong, D)
February 6, 2007
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ORDER signed by Judge Lawrence K. Karlton on 2/6/2007 ORDERING 61 Motion to Withdraw as Attorney is GRANTED; Pltfs shall inform the court in writing w/in30 days of the date of this order of the name if their new attorney or of their intent to proceed pro per; Counsel is directed to release all client papers andproperty to clients w/in 15 days of the date of this order; A status conference is currently SET for 4/9/2007 at 1:30 p.m. in Courtroom 4; The hearing on the pending motions to dismiss, currently set for 3/12/2007 is hereby VACATED. A new hearing date will be set at the status conference on 4/9/2007; and Counsel is directed to serve a copy of this order onpltfs.(Matson, R) Modified on 9/14/2007 (Krueger, M).
April 4, 2007
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ORDER signed by Judge Lawrence K. Karlton on 4/3/07: This matter is REFERRED to the Honorable Gregory G. Hollows for all further pretrial proceedings. The status conference currently set for April 9, 2007 is hereby VACATED. (Kaminski, H)
April 24, 2007
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ORDER signed by Judge Gregory G. Hollows on 4/23/07 ORDERING that since resolution of this issue will impact the manner in which the present case proceeds, this court will await the U.S. Supreme Court's decision in Winkelman v. Parma City School District before proceeding herein. (Donati, J)
June 1, 2007
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ORDER signed by Judge Gregory G. Hollows on 06/01/07 rescheduling motion hearing date. Motion Hearing set for 8/9/2007 at 10:00 AM in Courtroom 24 (GGH) before Magistrate Judge Gregory G. Hollows. Pltf's opposition shall be filed on or before 07/16/07. Replies, if any, shall be filed on or before 07/30/07. (Manzer, C) Modified on 6/1/2007 (Manzer, C).
December 18, 2007
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ORDER signed by Judge Gregory G. Hollows on 12/18/2007 ORDERING that pltf's shall have until Monday, 1/7/2008, to file a notice of substitution of counsel. If such notice is not timely filed, the court will proceed to decide the pending motions to dismiss on the record 76. The Clerk of the Court is directed to serve this order upon all parties as well as upon Mr. Scottlynn J. Hubbard, IV. (Reader, L)
March 10, 2008
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 3/10/08 recommending that Sylvann Union School District and Superintendent Dr. John Halverson's 45 Motion to Dismiss and 46 Request be granted in part and denied in part. California Department of Education 44 Motion to Dismiss be granted. California Office of Administrative Hearings 47 Motion to Dismiss be granted. Defendant's Dr. John Halverson Superintendent of Sylvan Union School District, The California Department of Education, The Office of Administrative Hearings, claims IV, V, VI, Counts II, Counts VII, plaintiff's general damages claim be dismissed from this action. It is further recommended that defendant's Motions to dismiss should be granted in part and denied in part with respect to plaintiff's Count I, which challenges procedural violations in the instant case and substantive review of the administrativedecision. This case should be remanded to the administrative law judge with directions to retry the third day of hearing, including an opportunity for plaintiffs to present any witnesses or evidence on their sons behalf, and for the ALJ to issue a new decision. The Clerk of Court should be directed to close this case, since any party may timely appeal the new administrative decision subject to the considerations and parameters set forth herein. Motion referred to Judge Lawrence K. Karlton. Objections to F&R due within 10 days. (Anderson, J)
June 5, 2008
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ORDER ADOPTING FINDINGS and RECOMMENDATIONS 91, in full, signed by Senior Judge Lawrence K. Karlton on 6/4/08. The 45 76 Motions to Dismiss are GRANTED in part DENIED in part. The 44 Motion to Dismiss is GRANTED. The 47 Motion to Dismiss is GRANTED. The following parties and claims are DISMISSED from this action: (a) Dr. John Halverson, Superintendent of the Sylvan Union School District; (b) The California Department of Education; (c) The Office of Administrative Hearings; (d) Counts IV, V, and VI, which allege claims pursuant to Americans with Disabilities Act, the Rehabilitation Act and Unruh Civil Rights Act; (e) Count II, which alleges systemic procedural violations by California Department of Education and Office of Administrative Hearings; (f) Count VII, which seeks declaratory relief against California Department of Education and Office of Administrative Hearings; and (g) plaintiffs general damages claim. All defendants Motions to Dismiss are GRANTED in part and DENIED in part with respect to plaintiffs Count I. This case is REMANDED to Administrative Law Judge (ALJ) to re-try third day of hearing (i.e., to obtain the testimony of Dr. Bonnie Santos, Mr. Donovan Chapa, and Mr. James Merchant), and to provide plaintiffs opportunity (without further enlargement of time) to present any witnesses or evidence on their sons behalf; the ALJ shall issue a new decision. Clerk of Court is directed to close this case. Action is TERMINATED. (Marciel, M)