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13-889 - H. et al. v. Dry Creek Joint Elementary School District et al.


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13-889 - H. et al. v. Dry Creek Joint Elementary School District et al.
July 11, 2013
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ORDER signed by Judge John A. Mendez on 7/11/13 GRANTING Ex Parte Application to enlarge page limitation. The CDE Defendants may file an initial brief in support of their Motion to Dismiss of up to 40 pages (exclusive of tables and appendices).(Mena-Sanchez, L)
July 24, 2013
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Stipulation to Continue the Hearing on Defendants' Motion to Dismiss Ceratin Causes of Action in Plaintiffs' Complaint and/or Motion to Strike Portions of Plaintiffs' Complaint is GRANTED. The 8/8/2013 Motion Hearing is vacated and continued to 9/5/2013 at 2:00 p.m. in courtroom 7. (Deutsch, S)
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)
August 20, 2013
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ORDER signed by Chief Judge Morrison C. England, Jr. on 8/20/2013 ALLOWING plaintiffs to file a opposition brief to the CDE defendants 18 Motion to Dismiss of up to forty (40) pages re 23 Ex Parte Application; ALLOWING the CDE defendants to file a reply to said opposition of up to twenty (20) pages re 26 Ex Parte Application; ALLOWING plaintiffs to file a opposition brief to the local defendants' 8 Motion to Dismiss of up to thirty (30) pages re 24 Ex Parte Application; ALLOWING the local defendants to file a reply to said opposition of up to fifteen (15) pages. (Michel, G)
March 20, 2014
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MEMORANDUM AND ORDER signed by Chief Judge Morrison C. England, Jr on 3/20/14 GRANTING IN PART AND DENYING IN PART 8 Motion to Dismiss. The Motion is GRANTED as to the Third Claim for Relief in its entirety since that claim is barred by Eleventh Amendment immunity. The Motion is also GRANTED as to the First, Fourth, Fifth, Sixth and Eleventh Claims for Relief as to Defendants Geyer, Rogers, Barbaria and Giannini. Finally, the Motion is GRANTED with respect to the availability of compensatory damages under the first Claim for Relief. In all other respects, the Motion is DENIED. Because the Court does not believe that the deficiencies upon which portions of Local Defendants' Motion were granted can be rectified by amendment, no leave to amend will be permitted. (Meuleman, A)
March 26, 2014
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MEMORANDUM and ORDER signed by Chief Judge Morrison C. England, Jr. on 3/25/2014 ORDERING that State Defendants' 18 Motion to Dismiss is GRANTED IN PART and DENIED IN PART. Plaintiffs may amend their Complaint, should they choose to do so, not later than twenty (20) days after the date this Memorandum and Order is electronically filed. If no amended complaint is filed within said twenty (20) day period, without further notice to the parties, the causes of action dismissed by virtue of this Memorandum and Order will be dismissed with prejudice. (Zignago, K.)
May 22, 2014
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STIPULATION and ORDER to file second amended complaint pursuant to FRCP Rule 15(a)(2), signed by Chief Judge Morrison C. England, Jr., on 5/21/14. (Kastilahn, A)
June 25, 2014
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ORDER signed by Chief Judge Morrison C. England, Jr on 6/24/14 re: 46 EXTENDING Defendant Superintendent Torlakson's time to file an answer to Plaintiffs' Second Amended Complaint until 14 days after the Court rules on 48 Motion to Dismiss. (Meuleman, A)
August 6, 2014
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MEMORANDUM and ORDER signed by Chief Judge Morrison C. England, Jr. on 8/4/2014 ORDERING that Defendant Tom Torlakson's 48 Motion to DismissPlaintiffs' Second Amended Complaint is GRANTED. Because Plaintiffs have already been afforded leave to amend, and inasmuch as the Court does not believe that the defects of Plaintiffs' claims against Torlakson can be remedied through additional amendment, no further leave to amend will be permitted. Defendant Torlakson terminated. (Zignago, K.) Modified on 9/15/2014 (Donati, J).
September 1, 2015
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ORDER signed by Chief Judge Morrison C. England, Jr. on 08/31/15 ORDERING that CDE's 67 Motion for Reconsideration is DENIED. (Benson, A)
September 1, 2015
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ORDER signed by Chief Judge Morrison C. England, Jr. on 08/31/15 ORDERING that, except for the limited modifications to the PTSO set forth in the order, Defendant CDE's 78 Motion for Clarification of Scheduling Order and/or Stay and Local Defendant's 72 Motion for Stay of Pretrial Scheduling Order to Modify Scheduling Order Extending Discovery Deadlines, and for Leave of Court to File Two Motions for Summary Judgment are DENIED. (Benson, A)
September 15, 2015
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AMENDED ORDER 88 signed by Chief Judge Morrison C. England, Jr on 9/14/15 ORDERING that CDE's Motion for Reconsideration of that Order (ECF No. 67) is accordingly DENIED. (Becknal, R)
October 2, 2015
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ORDER signed by Magistrate Judge Gregory G. Hollows on 10/1/15 ORDERING that (1) the settlement conference is continued from October 15, 2015, to November 6, 2015, at 10:00 a.m., and (2) the due date for settlement conference statements is continued from October 8, 2015, to October 30, 2015. (Becknal, R)
October 19, 2015
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STIPULATION & 100 PROTECTIVE ORDER for standard litigation signed by Magistrate Judge Dale A. Drozd on 10/16/2015. (Marciel, M)
October 19, 2015
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STIPULATION and ORDER signed by Magistrate Judge Dale A. Drozd on 10/16/15 re: Scope of pending subpoenas served on third parties San Juan Unified School District and Visions in Education. (Benson, A)
January 25, 2016
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ORDER signed by Chief Judge Morrison C. England, Jr. on 01/21/16 ORDERING that the 114 Application for Approval of Minor's Compromise is GRANTED; Court approves acceptance of the Offer of Judgment in favor of Plaintiffs and against only the District Defendants in the amount of $100,000, as a fair and just compromise of Plaintiffs' claims against the District Defendants. Clerk to enter Judgment against the District Defendants pursuant to the offer and acceptance without delay. Father and attorney Heath Havey, as representative for minor Everett H., is appointed as guardian ad litem for Everett H. The proceeds of the Offer of Judgment need not be placed into a special needs trust given Heath Havey's representation that the monies are needed for intensive compensatory education services prior to the minor's entry into high school in the Fall of 2017 and will be spent for that purpose. (Benson, A)
January 25, 2016
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STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr. on 01/21/16 ORDERING the Clerk to enter Judgment against District Defendants only, consistent with the 11/24/15 110 accepted Rule 68 Offer of Judgment, notice of acceptance. There is no just reason for delay in entering judgment against District Defendants only. The case remains pending against the remaining Defendant, the California Department of Education. (Benson, A)
September 30, 2016
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ule that conference. (Zignago, K.)MEMORANDUM and ORDER signed by District Judge Morrison C. England, Jr. on 9/29/2016 ORDERING that CDE's 116 Motion for Summary Judgment is GRANTED IN PART and DENIED IN PART. Plaintiffs' corresponding 123 Motion for Summary Judgment is DENIED. Parties are ordered to participate in a settlement conference with Magistrate Judge Gregory G. Hollows and shall contact Judge Hollows directly within fourteen (14) calendar days from the date this order is electronically signed to sched
November 2, 2016
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ORDER signed by Magistrate Judge Gregory G. Hollows on 11/01/2016 ORDERING that a Settlement Conference is set for 3/16/2017 at 09:00 AM in Courtroom 9 (GGH) before Magistrate Judge Gregory G. Hollows. Confidential Settlement Conference Statements are due no later than 03/09/2017. (Butolph, J)
March 31, 2017
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STIPULATION AND ORDER signed by District Judge Morrison C. England, Jr. on 3/31/2017 MODIFYING the 145 Supplemental Pretrial Scheduling Order; ORDERING that the joint final pretrial conference statement, trial briefs, and motions in limine be filed by 5/11/2017; ORDERING that oppositions to said motions be filed by 5/25/2017 and that any replies be filed by 6/1/2017; CONTINUING the Final Pretrial Conference to 6/15/2017 at 02:00 PM in Courtroom 7 (MCE) before District Judge Morrison C. England, Jr.; CONTINUING the Jury Trial to 7/24/2017 at 09:00 AM in Courtroom 7 (MCE) before District Judge Morrison C. England, Jr. (Michel, G.)
May 15, 2017
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MEMORANDUM AND ORDER signed by District Judge Morrison C. England, Jr. on 5/12/2017 ORDERING while the CDE's Motion for Reconsideration as to the availability of injunctive relief (ECF No. 150) is DENIED, the Court GRANTS Plaintiffs' Request for Reconsideration (ECF No. 161) as to the availability of compensatory damages for Plaintiffs' allegations of intentional discrimination and retaliation under Title II of the ADA and Section 504 of the Rehabilitation Act, including under a "deliberate indifference" standard. The Court accordingly strikes lines 14-23 from page 25 of its Memorandum and Order filed 9/30/2016 (ECF No. 138). (Reader, L) Modified on 5/15/2017 (Reader, L).
May 15, 2017
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MEMORANDUM AND ORDER signed by District Judge Morrison C. England, Jr. on 5/12/2017 DENYING 143 the CDE's Motion to Strike Plaintiff's Jury Trial Demand. (Reader, L)
June 1, 2017
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ORDER signed by District Judge Morrison C. England, Jr. on 5/31/2017 ORDERING that the pleadings and exhibits contained at Docket numbers 116-1,116-2, 116-3, 116-6, 127-2, 127-8, and 128-1 are SEALED until further order of the Court, and access will be limited to the court, court personnel and counsel for the parties. (Reader, L)
June 29, 2017
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ORDER signed by District Judge Morrison C. England, Jr. on 6/29/2017 GRANTING 198 CA Department of Education's Request for computer assisted real time reporting for a witness at trial. (Reader, L)
July 14, 2017
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ORDER signed by District Judge Morrison C. England, Jr. on 7/13/2017 ORDERING that Defendant CA Department of Education to seal the Exhibits in Dkt. # 203-2 through Dkt. # 203-22 having been considered by the court, and good cause having been shown, said documents shall be SEALED until further order of the court, and access shall be limited to the court, court staff and counsel for the parties. (Reader, L) Modified on 8/2/2017 (Reader, L).
August 7, 2017
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ORDER signed by District Judge Morrison C. England, Jr on 8/7/17 ORDERING that Chris Vaterlause is Appointed as Guardian Ad Litem for Everett H. related to the disposition of this action. (Becknal, R)
August 15, 2017
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ORDER TO SHOW CAUSE signed by District Judge Morrison C. England, Jr. on 8/15/2017 ORDERING Sierra Nevada Memorial Hospital--Dignity Health to show cause why the hospital, Jessica Enos and/or Apryl Lucas or anyone else associated with the decisions concerning the employment of Juror Erin Berquist should not be required to pay $10,000.00 in statutory penalties for twice violating 28 U.S.C. ยง 1875, as authorized by subdivision (b)(3) of the statute; why the hospital should not be ordered to pay Ms. Berquist the appropriate shift differential for the fifth day she worked on July 28, 2017; and why this Court should not appoint counsel to represent Ms. Berquist both in these proceedings and in any future proceedings to ensure that no further punitive action of any kind is taken now, or in the future, against her in retaliation for her public service to this country; ORDERING Jessica Enos, Apryl Lucas and a representative of the hospital and/or Dignity Health to personally appear and provide testimony, as necessary, at the Show Cause Hearing SET for 8/28/2017 at 10:00 AM in Courtroom 7 (MCE) before District Judge Morrison C. England, Jr. (Michel, G.)