Yoram Gold et al v. Las Virgenes Unified School District et al
| Elena Gold and Yoram Gold |
| Lesli Stein, Angela Falk, Las Virgenes Unified School District, Kristin Stein and Daniel Stepenosky |
| 2:2020cv04053 |
| May 1, 2020 |
| US District Court for the Central District of California |
| Consuelo B Marshall |
| Alicia G Rosenberg |
| Civil Rights: Other |
| 20 U.S.C. § 1401 Education: Handicapped Child Act |
| Defendant |
Docket Report
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This docket was last retrieved on December 22, 2020. A more recent docket listing may be available from PACER.
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Filing 33
ORDER GRANTING REQUEST FOR DISMISSAL OF ACTION WITH PREJUDICE, #31 by Judge Consuelo B. Marshall: In accordance with a December 17, 2020 request made by Plaintiffs YORAM and ELENA GOLD, this action is DISMISSED with PREJUDICE. All pending motions and hearing dates are taken off-calendar as MOOT. IT IS SO ORDERED. (MD JS-6. Case Terminated) (shb)
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| Filing 32 NOTICE of Voluntary Dismissal filed by Defendants Angela Falk, Las Virgenes Unified School District, Kristin Stein, Lesli Stein, Daniel Stepenosky. Dismissal is With prejudice. (Attachments: #1 Proposed Order Proposed Order Granting Request for Dismissal of action with Prejudice)(Schuck, Brianne) |
| Filing 31 NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's action in its entirety pursuant to Federal Rules of Civil Procedure, Rule 41(b),. filed by Defendants Angela Falk, Las Virgenes Unified School District, Kristin Stein, Lesli Stein, Daniel Stepenosky. Motion set for hearing on 2/16/2021 at 10:00 AM before Judge Consuelo B. Marshall. (Attachments: #1 Declaration Dec of B. Schuck ISO Rule 41 MTD LVUSD E. Gold, #2 Declaration Dec of Angela Falk ISO Rule 41 MTD LVUSD E. Gold, #3 Proposed Order Proposed Order ISO Rule 41 MTD E.Gold) (Schuck, Brianne) |
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Filing 30
ORDER RE: MOTION TO DISMISS PLAINTIFFS FIRST AMENDED COMPLAINT (DKT. NO. 15) by Judge Consuelo B. Marshall: The Court GRANTS the motion to dismiss the Individual Defendants. The Court does not reach Defendants argument that individual government employees are not liable for violations of the IDEA. Therefore, the Court DISMISSES WITHOUT PREJUDICE the First Claim for Relief and Third Claim for Relief to permit Plaintiffs to allege a violation of the IDEA regarding the denial of their October 10, 2019 complaint. The Court GRANTS the motion to dismiss the Second Claim for Relief. The Fourth Claim for Relief isDISMISSED WITHOUT PREJUDICE. The Fifth Claim for Relief is DISMISSED WITHOUTPREJUDICE. The Sixth Claim for Relief is DISMISSED WITHOUT PREJUDICE. The Court GRANTS the motion to dismiss without prejudice, to permit Plaintiffs to file an amended complaint which seeks judicial review of the October 10, 2019 administrative claim and subsequent OAH hearing, alleges claims under 42 U.S.C. 1983, and remedies the deficiencies of the FAC that the Court identified in this order. Plaintiffs are ordered to file the amended complaint on or before November 13, 2020. IT IS SO ORDERED. (shb)
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Filing 29
MINUTE IN CHAMBERS-ORDER AND NOTICE TO ALL PARTIES by Judge Consuelo B. Marshall:The Court finds that the Scheduling Conference currently set for hearing on October 13, 2020, is hereby taken off calendar. No appearances are necessary on October 13, 2020. A written order will issue. IT IS SO ORDERED. (shb)
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Filing 28
MINUTE IN CHAMBERS - NOTICE TO ALL PARTIES OF COURT ORDER by Judge Consuelo B. Marshall: On the Courts own motion, the Scheduling Conference, currently scheduled for October 6, 2020, is hereby ordered continued to October 13, 2020 at 10:00 a.m. IT IS SO ORDERED. (shb)
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| Filing 27 STATUS REPORT filed by Defendants Angela Falk, Las Virgenes Unified School District, Kristin Stein, Lesli Stein, Daniel Stepenosky. (Schuck, Brianne) |
| Filing 26 JOINT RULE 26(f) REPORT filed by Defendants Angela Falk, Las Virgenes Unified School District, Kristin Stein, Lesli Stein, Daniel Stepenosky. (Schuck, Brianne) |
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Filing 25
MINUTES IN CHAMBERS-ORDER AND NOTICE TO ALL PARTIES by Judge Consuelo B. Marshall: The Court finds that defendant's motion to dismiss plaintiff's first amended complaint #15 , currently set for hearing on September 22, 2020, is appropriate for decision without oral argument. Accordingly, this motion is taken UNDER SUBMISSION and the hearing is vacated. No appearances are necessary on September 22, 2020. A written order will issue. IT IS SO ORDERED. (shb)
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| Filing 24 REPLY IN SUPPORT OF NOTICE OF MOTION AND MOTION to Dismiss PLAINTIFFS' FIRST AMENDED COMPLAINT #15 filed by Defendants Angela Falk, Las Virgenes Unified School District, Kristin Stein, Lesli Stein, Daniel Stepenosky. (Schuck, Brianne) |
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Filing 23
ORDER GRANTING PARTIES' STIPULATION AND REQUEST FOR ORDER Extending Teh Deadline to file Federal Rules of Civil Procedure, Rule 26(f) Discovery Plaint #21 by Judge Consuelo B. Marshall. The Scheduling Conference in this matter is set on October 6, 2020 6 at 10:00 a.m. with a joint status report due no later than September 29, 2020. The parties' deadline to serve initial disclosures is continued until 10/13/20. IT IS SO ORDERED. (yl)
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| Filing 22 JOINT REPORT Rule 26(f) Discovery Plan (Defendants' Only) ; estimated length of trial 5 Days, filed by Defendants Angela Falk, Las Virgenes Unified School District, Kristin Stein, Lesli Stein, Daniel Stepenosky.. (Attachments: #1 Exhibit A: Due Process Decision)(Schuck, Brianne) |
| Filing 21 STIPULATION for Extension of Time to File FEDERAL RULES OF CIVIL PROCEDURE, RULE 26(f) DISCOVERY PLAN filed by Defendants Angela Falk, Las Virgenes Unified School District, Kristin Stein, Lesli Stein, Daniel Stepenosky. (Attachments: #1 Proposed Order GRANTING PARTIES STIPULATION AND REQUEST FOR ORDER EXTENDING THE DEADLINE TO FILE FEDERAL RULES OF CIVIL PROCEDURE, RULE 26(f) DISCOVERY PLAN)(Schuck, Brianne) |
| Filing 20 Opposition Motion to Dismiss that was filed by Defendants re: NOTICE OF MOTION AND MOTION to Dismiss PLAINTIFFS' FIRST AMENDED COMPLAINT #15 Opposition filed by Plaintiff Yoram Gold. (Gold, Yoram) |
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Filing 19
MINUTE IN CHAMBERS ORDER CONTINUING AUGUST 18, 2020 HEARING by Judge Consuelo B. Marshall: The Court continues the hearing on the Motion to September 22, 2020 at 10:00 a.m. Plaintiff shall file an opposition or notice of non-opposition to the Motion no later than September 1, 2020. Defendants may file a reply no later than September 8, 2020. If plaintiffs fail to file an opposition by September 1, 2020, the Court will dismiss this action pursuant to Local Rule 7-12. IT IS SO ORDERED. See order for further details. (shb)
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| Filing 18 Defendants' Notice of Plaintiff's Failure to File Opposition re NOTICE OF MOTION AND MOTION to Dismiss PLAINTIFFS' FIRST AMENDED COMPLAINT #15 filed by Defendants Angela Falk, Las Virgenes Unified School District, Kristin Stein, Lesli Stein, Daniel Stepenosky. (Attachments: #1 Declaration B.Schuck's Decl. re Ntc Pltff's Failure to Oppose to MTD FAC)(Schuck, Brianne) |
| Filing 17 DEMAND for Jury Trial filed by Defendants Angela Falk, Las Virgenes Unified School District, Kristin Stein, Lesli Stein, Daniel Stepenosky.. (Schuck, Brianne) |
| Filing 16 CERTIFICATE of Interested Parties filed by Defendants Angela Falk, Las Virgenes Unified School District, Kristin Stein, Lesli Stein, Daniel Stepenosky, identifying Las Virgenes Unified School District, Daniel Stepenosky, Lesli Stein, Angela Falk, Kristin Stein. (Gardner, Brianne) |
| Filing 15 NOTICE OF MOTION AND MOTION to Dismiss PLAINTIFFS' FIRST AMENDED COMPLAINT filed by DEFENDANTS Angela Falk, Las Virgenes Unified School District, Kristin Stein, Lesli Stein, Daniel Stepenosky. Motion set for hearing on 8/18/2020 at 10:00 AM before Judge Consuelo B. Marshall. (Attachments: #1 Declaration of Brianne R. Schuck, #2 Proposed Order Granting Defendants' Motion to Dismiss Plaintiffs' First Amended Complaint) (Attorney Brianne R Gardner added to party Angela Falk(pty:dft), Attorney Brianne R Gardner added to party Las Virgenes Unified School District(pty:dft), Attorney Brianne R Gardner added to party Kristin Stein(pty:dft), Attorney Brianne R Gardner added to party Lesli Stein(pty:dft), Attorney Brianne R Gardner added to party Daniel Stepenosky(pty:dft)) (Gardner, Brianne) |
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Filing 14
ORDER by Magistrate Judge Alicia G. Rosenberg: granting #2 APPLICATION for Leave to Proceed in Forma Pauperis. (hr)
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| Filing 13 PROOF OF SERVICE Executed by Plaintiff Yoram Gold, Elena Gold, upon Defendant Angela Falk served on 6/19/2020, answer due 7/10/2020; Las Virgenes Unified School District served on 6/19/2020, answer due 7/10/2020; Kristin Stein served on 6/19/2020, answer due 7/10/2020; Lesli Stein served on 6/19/2020, answer due 7/10/2020; Daniel Stepenosky served on 6/19/2020, answer due 7/10/2020. Service of the Summons and Complaint were executed upon Maria Bergstrom, LVUSD Edecutive Assistant in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (shb) |
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Filing 12
ORDER by Judge Consuelo B. Marshall: GRANTING #7 APPLICATION for Pro Se Electronic Filing. The applicant must register to use the Courts CM/ECF System within five (5) days of being served with this order. Registration information is available at the Pro Se Litigant E-Filing web page located on the Courts website. Upon registering, the applicant will receive a CM/ECF login and password that will allow him/her to file non-sealed documents electronically in this case only. Any documents being submitted under seal must be manually filed with the Clerk. (shb)
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| Filing 11 21 DAY Summons Issued on First Amended Complaint #10 as to Defendants Angela Falk, Las Virgenes Unified School District, Kristin Stein, Lesli Stein, Daniel Stepenosky. (shb) |
| Filing 10 FIRST AMENDED COMPLAINT against Defendants Angela Falk, Las Virgenes Unified School District, Kristin Stein, Lesli Stein, Daniel Stepenosky amending Complaint - (Discovery), #1 , filed by Plainfiffs Yoram Gold, Elena Gold(shb) |
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Filing 9
MINUTES: IN CHAMBERS-ORDER RE DKT NO. #5 , #8 by Judge Consuelo B. Marshall: The Court vacates the order to show cause #5 . Because the complaint has been served on defendants, Yoram Gold and Elena Gold may file an amended complaint naming themselves as the plaintiffs. Yoram Gold and Elena Gold are ordered to file an amended compliant on or before June 1, 2020, consistent with this order. IT IS SO ORDERED. (See minutes for further details) (yl)
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| Filing 8 DECLARATION PER COURT ORDER THAT WAS ISSUED BY THE HONORABLE CONSUELO B MARSHAL, U.S. DISTRICT JUDGE ON MAY 6, 2020 filed by Plaintiffs Elena Gold, Yoram Gold. (shb) |
| Filing 7 APPLICATION for Pro Se Litigant to electronically file documents in a specific case filed by Plainfiffs Elena Gold, Yoram Gold. (shb) |
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Filing 6
MINUTE IN CHAMBERS-ORDER AND NOTICE TO ALL PARTIES by Judge Consuelo B. Marshall: Counsel are hereby notified that pursuant to the Judge's directive, the complaint is hereby ordered sealed, as it contains the full name of the minors. (shb)
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Filing 5
MINUTE ORDER IN CHAMBERS by Judge Consuelo B. Marshall:, IN CHAMBERS - ORDER TO SHOW CAUSE WHY COMPLAINT SHOULD NOT BE DISMISSED by Judge Consuelo B. Marshall. The Court orders Yoram Gold and/or Elena Gold to file a declaration by or before May 19, 2020, signed under penalty of perjury, explaining why the Complaint should not be stricken for violating the rules prohibiting non-attorney parents from representing their minor child in court. Failure to respond to this order may result in the dismissal of this action without prejudice. A Pro Se Clinic is now available for litigants representing themselves. It offers information and guidance. The Los Angeles Clinic operates by appointment only. You may schedule an appointment either by calling the clinic or by using a internet portal. For more information call the Clinic in Los Angeles at 213-385-2977 ext 270 or you can submit an internet request at the following site: http://prose.cacd.uscourts.gov/los-angeles. (shb)
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Filing 4
STANDING ORDER upon filing of the complaint by Judge Consuelo B. Marshall. READ THIS ORDER CAREFULLY. It controls this case and may differ in some respects from the Local Rules. (ys)
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| Filing 3 NOTICE OF ASSIGNMENT to District Judge Consuelo B. Marshall and Magistrate Judge Alicia G. Rosenberg. (ghap) |
| Filing 2 APPLICATION to Proceed In District Court Without Prepaying Fees or Costs filed by plaintiff Yoram Gold. (ghap) |
| Filing 1 COMPLAINT against Defendants Angela Falk, Las Virgenes Unified School District, Kristin Stein, Lesli Stein, Daniel Stepenosky.Case assigned to Judge Consuelo B. Marshall for all further proceedings. Discovery referred to Magistrate Judge Alicia G. Rosenberg., filed by plaintiffs Yoram Gold, Elena Gold. (ghap) (Additional attachment(s) added on 5/4/2020: #1 CV-71) (ghap). |
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