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15-1572 - Wormuth et al v. Lammersville Union School District et al


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15-1572 - Wormuth et al v. Lammersville Union School District et al
April 13, 2016
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STIPULATION AND ORDER signed by District Judge Kimberly J. Mueller on 4/12/2016 ORDERING Naresh Singh and Mrinal Singh to file a response to the 20 Third Party Complaint by 4/1/2016, nunc pro tunc; ORDERING Naresh Singh and Mrinal Singh to provide their Rule 26 disclosures by 4/15/2016. (Michel, G.)
September 8, 2016
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STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION signed by Magistrate Judge Edmund F. Brennan on 9/8/16. (Kastilahn, A)
January 3, 2017
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STIPULATION AND ORDER signed by District Judge Kimberly J. Mueller on 1/3/2017 ORDERING that fact discovery be completed by 6/23/2017; ORDERING that opening experts and reports be designated by 7/21/2017 and that rebuttal experts and reports be designated by 8/11/2017; ORDERING that expert discovery be completed by 9/1/2017; ORDERING that all other provisions of the 22 Status (Pretrial Scheduling) Order remain in effect. (Michel, G.)
April 11, 2017
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ORDER AFTER HEARING signed by Magistrate Judge Edmund F. Brennan on 4/11/2017 ORDERING that the 36 motion is GRANTED IN PART and DENIED IN PART. The motion is GRANTED as to plaintiffs' Request for Production of Documents Numbers 16-21, 23, and defendants shall produce documents responsive to these requests by 4/14/2017. The motion is GRANTED as to Special Interrogatories Numbers 1, 5, 6, and 9-14, and defendants shall serve further response to these interrogatories by 4/14/2017, as stated on the record. As for the remaining discovery requests, the parties are directed to further meet and confer in an attempt to resolve the dispute. Should further meet and confer efforts not resolve all disputes, the parties shall file a supplemental joint statement by 4/12/2017 addressing any remaining issues. If any remaining discovery dispute implicates the privacy concerns of thirdparties, the joint statement shall also provide the contact information for the third parties as well as a proposed briefing scheduling to allow all interested parties to be heard on matter. (Zignago, K.)
May 4, 2017
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ORDER AFTER HEARING signed by Magistrate Judge Edmund F. Brennan on 5/4/17: Plaintiffs' motion to compel is granted as to plaintiffs' Request for Production of Document Number 13. Plaintiffs' motion to compel is granted as to Request for Production of Documents Numbers 1 and 35. The court's prior order granting plaintiff's motion to compel further responses to Request for Production of Documents Number 21 is confirmed. (Kaminski, H)
May 18, 2017
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ORDER signed by Magistrate Judge Edmund F. Brennan on 5/18/17 ORDERING that the court will not consider the emails submitted by defense counsel and the third-party. Should either the non-party, or any defendant on behalf of a non- party, wish to file an objection(s) it must do so in a properly-filed pleading that has been served on all parties.(Becknal, R)
June 9, 2017
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ORDER signed by District Judge Kimberly J. Mueller on 6/8/17 ORDERING that LUSD's request to reconsider the magistrate judge's 5/4/2017 order is DENIED. The court also DENIES LUSD's alternative request to clarify the scope ofplaintiffs' production request and LUSD's privilege waiver, both of which the magistrate judge is better suited to decide to the extent still required. This order resolves ECF No. 67.(Kastilahn, A)
June 12, 2017
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STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 6/12/2017 ORDERING that all allegations against Haun regarding punitive damages, including the request for punitive damages on page 14, line 25 of the Amended Complaint for Damages filed on 12/22/2015, are DISMISSED with prejudice, and Plaintiffs shall not be permitted to seek punitive damages against Haun at any time in this action. (Zignago, K.)
June 20, 2017
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ORDER signed by Magistrate Judge Edmund F. Brennan on 6/19/17, ORDERING that the Court denies plaintiff's 72 motion to preclude the deposition of H.W. The Court orders that the deposition of plaintiff H.W. go forward on 6/21/2017. (Kastilahn, A)
June 29, 2017
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ORDER AFTER HEARING signed by Magistrate Judge Edmund F. Brennan on 6/29/17 ORDERING for the reasons stated on the record, plaintiffs' motion for sanctions is GRANTED in part; the District is ordered to produce all documents responsive to plaintiffs' Request for Production of Documents Number 21 immediately. Further, the District shall reimburse plaintiffs the reasonable expenses they incurred in litigating their motion for sanctions in the amount of $4,029.00. (cc Financial)(Becknal, R)
August 2, 2017
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STIPULATION AND ORDER signed by District Judge Kimberly J. Mueller on 8/2/2017 DISMISSING the claims against Defendant Dawn Ibbs with prejudice; DISMISSING the individual claims of Plaintiffs Adrianna Wormuth, Scott Wormuth, against all parties, with prejudice; ORDERING that each party bear its own costs, attorneys' fees and other expenses of litigation. (Michel, G.)
August 2, 2017
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STIPULATION AND ORDER signed by District Judge Kimberly J. Mueller on 8/2/2017 ORDERING Third Party Plaintiffs Naresh Singh, Mrinal Singh, A. S. to disclose expert witnesses within fourteen (14) days after the Court issues an order ruling on the 87 Motion for Determination of Good Faith Settlement. (Michel, G.)
August 15, 2017
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STIPULATION AND ORDER DISMISSING CERTAIN CLAIMS signed by District Judge Kimberly J. Mueller on 8/14/17 ORDERING that Plaintiffs' sixth claim for intentional infliction of emotional distress against all Defendants is dismissed with prejudice, with said parties to bear their own costs, attorneys' fees, and other expenses of litigation; Plaintiff H.W.'s first claim under 42 U.S.C. § 1983 against Defendants Gill, Nicholas, and Ibbs is dismissed with prejudice, with said parties to bear their own costs, attorneys'fees, and other expenses of litigation, Plaintiff H.W.'s fifth claim under the Unruh Act against Defendants Gill, Nicholas, and Ibbs is dismissed with prejudice, with said parties to bear their own costs, attorneys fees, andother expenses of litigation; Plaintiff H.W.'s seventh claim under Education Code § 220 against Defendants Nicholas, Gill, Yeager, and Ibbs is dismissed with prejudice, with said parties to bear their own costs, attorneys fees, and other expenses of litigation, and Plaintiffs' claim for punitive damages against all Defendants is dismissed with prejudice, with said parties to bear their own costs, attorneys' fees, and other expenses oflitigation.(Becknal, R)
August 15, 2017
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STIPULATION AND ORDER signed by District Judge Kimberly J. Mueller on 8/14/17 ORDERING the Declaration of Kirk Nicholas [Doc. 102-4], filed by Defendants, shall be removed from the docket and replaced with the redacted document attached as Exhibit A. (Becknal, R)
August 17, 2017
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ORDER signed by Magistrate Judge Edmund F. Brennan on 8/17/2017 DENYING 95 Motion to Compel Plaintiff H.W. to submit to an independent medical examination. (Michel, G.)
August 23, 2017
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ORDER signed by District Judge Kimberly J. Mueller on 8/22/2017 GRANTING the defendants' Request to Seal Documents; SEALING Exhibits A and B re 125 Supplemental Expert Witness Disclosure; ORDERING the defendants to file a redacted version of said exhibits on the public docket within seven (7) days. (Michel, G.)
October 11, 2017
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ORDER granting 87 Motion for determination of good faith settlement signed by District Judge Kimberly J. Mueller on 10/11/17. (Kaminski, H)
November 1, 2017
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ORDER signed by District Judge Kimberly J. Mueller on 11/1/2017 ORDERING Scott Wormuth and Adrianna Wormuth are APPOINTED Guardians Ad Litem for the minor Plaintiff H.W. (Zignago, K.)
December 12, 2017
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[VACATED per order of 1/22/18] ORDER signed by District Judge Kimberly J. Mueller on 12/12/2017 GRANTING In Part and DENYING In Part 102 Motion for Summary Judgment. (Andrews, P) Modified on 1/22/2018 (Kaminski, H).
December 13, 2017
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ehabilitation Act disability discrimination claims against the District (claims 2 and 3) are DENIED as to the reasonable accommodation theory, but GRANTED as to all other theories; Negligence claim against all defendants (claim 4) is GRANTED as to Gill, Nicholas and Principal Yeager, but DENIED as to the District; Unruh Act disability discrimination claim against Principal Yeager and the District (claim 5) is DENIED in full; and Education Code section 220 claim against the District (claim 6) is GRANTED in full. The District and Principal Yeager are the only remaining defendants. Plaintiff is DIRECTED to file on the public docket within 7 days the Exhibit C, referenced in paragraph 18 of 114 Declaration. Plaintiff shall redact the full name of A.S. from any pages of Exhibit C on which it appears, leaving only the first initials. The Final Pretrial Conference recently reset to 1/12/2018 is CONFIRMED.(Washington, S) Modified on 12/15/2017 (Donati, J).[DUPLICATE of 170 Order] ORDER signed by District Judge Kimberly J. Mueller on 12/12/2017 ORDERING that 102 Motion for Summary Judgment is adjudicated as follows: Section 1983 claim against Principal Yeager (claim 1) is GRANTED in full; ADA and R
January 19, 2018
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ORDER signed by District Judge Kimberly J. Mueller on 01/18/18 AMENDING 170 Order on Motion for Summary Judgment at 24, as follows: Plaintiff's Unruh Act claim is derivative of his ADA disability discrimination claim. Cohen v. City of Culver City, 754 F.3d 690, 701 (9th Cir. 2014) (explaining Unruh Act disability discrimination claims under California Civil Code § 51(f) are derivative of ADA disability discrimination claims); Munson v. Del Taco, Inc., 46 Cal. 4th 661, 670 (2009) (same); see also Opp'n at 24 ("The legal theories behind th[is] claim[] mirror the Federal claims discussed above."). Accordingly, analysis of the Unruh Act claim mirrors that of the ADA claim: Summary judgment is GRANTED to the extent the Unruh Act claim derives from a disability based discrimination theory, but summary judgment is DENIED to the extent the Unruh Act claim derives from a reasonable accommodation theory. Further, insofar as the order, MSJ Order at 31, currently reads, "Unruh Act disability discrimination claim against Principal Yeager and the District (claim five) is DENIED in full[,]" the order will be AMENDED to read as follows: "Unruh Act disability discrimination claim against Principal Yeager and the District (claim five) is DENIED as to the reasonable accommodation theory, but GRANTED as to all other theories." (Benson, A.)
January 22, 2018
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AMENDED ORDER signed by District Judge Kimberly J. Mueller on 1/22/18 GRANTING In Part and DENYING In Part 102 Motion for Summary Judgment. This order supersedes ECF No. 170, which is hereby VACATED. (Kaminski, H)
April 3, 2018
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STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 4/3/2018 ORDERING that the deadline for Plaintiff to file a Motion to Approve Minor H.W.'s Settlement is EXTENDED to 4/16/2018. (Zignago, K.)