Virgil Stanley et al v. Bellflower Unified School District et al
| Deserie Stanley, V. S. and Virgil Stanley |
| DOES 1 through 10, Bellflower Unified School District and Does 1-10 |
| Hon Victor E Bianchini |
| 2:2021cv05054 |
| June 22, 2021 |
| US District Court for the Central District of California |
| Virginia A Phillips |
| Alicia G Rosenberg |
| Civil Rights: Education |
| 42 U.S.C. § 12101 Americans With Disabilities Act |
| Plaintiff |
Docket Report
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Filing 41
ORDER GRANTING THE PARTIES' JOINT MOTION AND STIPULATION TO DISMISS ENTIRE CASE WITH PREJUDICE, AND FOR THE COURT TO RETAIN JURISDICTION TO ENFORCE THE TERMS OF THE PARTIES' SETTLEMENT AGREEMENT #40 by Judge Virginia A. Phillips. ( MD JS-6. Case Terminated ) (lc)
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| Filing 40 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Plaintiffs V. S., Deserie Stanley, Virgil Stanley. (Attachments: #1 Proposed Order) (Naime, Omar) |
| Filing 39 MINUTES (IN CHAMBERS) by Judge Virginia A. Phillips: ORDER GRANTING GUARDIAN AD LITEM VIRGIL STANLEY'S PETITION FOR MINOR'S COMPROMISE #38 . The total gross settlement of $30,000 for minor Plaintiff is reasonable. Defendant Bellflower Unified School District shall deliver one check for the settlement proceeds in the amount of $30,000.00, made payable to the Law Offices of Liu & Naime Trust Account no later than forty-five (45) days from the date of this Order. Plaintiff's counsel is awarded reasonable attorney's fees of 25 percent of the net settlement amount and costs, i.e., no more than $7,754.25. Plaintiff's counsel shall draft a check in the amount of $15,000.00 to fund a CalABLE account for the benefit of minor Plaintiff V.S. Plaintiff's counsel shall draft a check in the amount of $7,245.75 payable to Virgil Stanley who shall put the $7,245.75 into a bank account for the benefit of minor Plaintiff V.S., with Virgil Stanley as the custodian. By January 10, 2023, Virgil Stanley shall write a check from the bank account in the amount of $7,245.75 payable to "CalABLE" and shall include V.S.'s name and the account number in the memo section. (lc) |
| Filing 38 NOTICE OF MOTION AND MOTION for Settlement Approval of Minor's Compromise filed by Plaintiffs V. S., Deserie Stanley, Virgil Stanley. Motion set for hearing on 7/11/2022 at 02:00 PM before Judge Virginia A. Phillips. (Attachments: #1 Petition for Minor's Compromise, #2 Declaration, #3 Proposed Order) (Naime, Omar) |
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Filing 37
ORDER APPROVING JOINT REQUEST TO FILE MINORS COMPROMISE ON THE PUBLIC RECORD by Judge Virginia A. Phillips: This Court, having considered the parties Joint Request to File Minors Compromise on the Public Record, and GOOD CAUSE appearing therefore, hereby GRANTS the Joint Request and makes the following orders: Upon receipt of this Order, counsel shall refile the following documents which were provisionally filed as publicly filed documents without redacting:1. Declaration of Omar M. Naime in Support of Unopposed Petition for Approval of Compromise of the Claims of V.S; 2. Notice of Motion for Approval of Compromise of the Claims of V.S.; 3. Unopposed Petition for Approval of Compromise of the Claims of V. S.; 4. [Proposed] Order Approving Unopposed Petition for Approval of Compromise of the Claims of V.S. IT IS SO ORDERED. (shb)
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| Filing 36 STIPULATION to Clarify Public Filing, Re: APPLICATION to file document Petition for Approval of Compromise under seal #34 , filed by Plaintiffs V. S., Deserie Stanley, Virgil Stanley. (Attachments: #1 Proposed Order)(Naime, Omar) |
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Filing 35
MINUTE ORDER DENYING APPLICATION TO FILE DOCUMENTS UNDER SEAL [DOC. NO. 34] (IN CHAMBERS) by Judge Virginia A. Phillips: The Court thus denies Plaintiffs Application to File Documents Under Seal. (Doc. No. 34.) The parties shall indicate whether the documents should be stricken or filed on the public record by June 21, 2022. IT IS SO ORDERED. See order for more information. (shb)
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| Filing 34 APPLICATION to file document Petition for Approval of Compromise under seal filed by Plaintiffs V. S., Deserie Stanley, Virgil Stanley. (Attachments: #1 Declaration, #2 Proposed Order, #3 Unredacted Document, #4 Redacted Document, #5 Unredacted Document, #6 Unredacted Document, #7 Redacted Document, #8 Unredacted Document, #9 Redacted Document)(Naime, Omar) |
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Filing 33
MINUTE ORDER IN CHAMBERS by Judge Virginia A. Phillips: Case previously closed in error. Make JS-5. Order of Dismissal entered on 05/05/22 (Dkt. 31) is hereby vacated. (Made JS-5, Case reopened) (shb)
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| Filing 32 STIPULATION to Vacate Vacate Order Order Dismissing Case, #31 filed by Plaintiffs V. S., Deserie Stanley, Virgil Stanley. (Attachments: #1 Proposed Order)(Naime, Omar) |
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Filing 31
ORDER OF DISMISSAL by Judge Virginia A. Phillips: The Court having been advised by counsel for the parties that the above-entitled action has settled, IT IS ORDERED that this action be, and hereby is, dismissed in its entirety without prejudice. THE COURT will retain jurisdiction for a period of ninety (90) days to enforce the terms of the settlement. All pending dates are hereby vacated. Case Terminated. Made JS-6. (shb)
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| Filing 30 NOTICE of Settlement filed by Plaintiffs V. S., Deserie Stanley, Virgil Stanley. (Naime, Omar) |
| Filing 29 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Victor E Bianchini has been assigned to serve as Panel Mediator. (lst) |
| Filing 28 STIPULATION REGARDING SELECTION of Panel Mediator filed. Parties stipulate that Judge Bianchini may serve as Panel Mediator. Plaintiff obtained the Panel Mediators consent to serve. All parties and the Panel Mediator have agreed that the mediation will be held on 4/21/2022 and counsel will submit mediation statements seven (7) calendar days before the session. Filed by Plaintiffs V. S., Deserie Stanley, Virgil Stanley(Naime, Omar) |
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Filing 27
MINUTE ORDER SETTING DATES (IN CHAMBERS) by Judge Virginia A. Phillips: The Court has reviewed the parties Joint Rule 26(f) Report. (Dkt. No. 22.) TheCourt adopts the following schedule (note changes from the parties requested dates): Last date for hearing motions to amend pleadings or add parties: 4/4/2022. Last date to conduct settlement conference (ADR No. 2): 4/25/2022. Initial Expert Disclosures: 6/6/2022. Rebuttal Expert Disclosures: 6/20/2022. All Discovery cutoff: 8/1/2022. Last date for hearing non-discovery motions: 9/12/2022. Pre-trial conference (hearing on motions in limine): 10/3/2022 at 2:30 p.m. Trial date (jury trial, 4 days): 10/18/2022 at 8:30 a.m. IT IS SO ORDERED. See order for more information. (shb)
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Filing 26
CIVIL TRIAL SCHEDULING ORDER by Judge Virginia A. Phillips. Initial Designation of Expert Witnesses due by: June 6, 2022, Designation of Rebuttal Expert Witnesses due by: June 20, 2022, Summary Judgment Motion hearing cut-off by September 12, 2022 at 2:00 p.m., Last day to conduct mediation: April 25, 2022, Amended Pleadings due by 4/4/2022. Discovery cut-off 8/1/2022. Pretrial Conference set for 10/3/2022 at 02:30 PM. Jury Trial set for 10/18/2022 at 08:30 AM before Judge Virginia A. Phillips. Trial Estimate: 4 days. (cch)
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Filing 25
ORDER/REFERRAL to ADR Procedure No 2 by Judge Virginia A. Phillips. Case ordered to Court Mediation Panel for mediation. ADR Proceeding to be held no later than April 25, 2022. (cch)
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Filing 24
SCHEDULING NOTICE AND ORDER (IN CHAMBERS) by Judge Virginia A. Phillips. COUNSEL OF RECORD ARE HEREBY NOTIFIED, on the Court's own motion, the Scheduling Conference set on February 28, 2022 is TAKEN OFF CALENDAR. No appearance by counsel will be necessary. The Court will issue such further orders as deemed appropriate. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cch) TEXT ONLY ENTRY
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| Filing 23 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Joint Report Rule 26(f) Discovery Plan #22 . The following error(s) was/were found: The Request: ADR Procedure Selection - ADR Selection Procedure No. 2 should be submitted as a separate document with the proposed order In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (shb) |
| Filing 22 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5 days, filed by Plaintiffs V. S., Deserie Stanley, Virgil Stanley.. (Naime, Omar) |
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Filing 21
ORDER SETTING SCHEDULING CONFERENCE by Judge Virginia A. Phillips. Scheduling Conference set for 2/28/2022 at 01:30 PM before Judge Virginia A. Phillips. (cch)
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| Filing 20 CERTIFICATE of Interested Parties filed by Defendant Bellflower Unified School District, (Brady, Richard) |
| Filing 19 ANSWER to Complaint (Attorney Civil Case Opening), #1 .(Attorney Richard Dale Brady added to party Bellflower Unified School District(pty:dft))(Brady, Richard) |
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Filing 18
ORDER VACATING CLERK'S DEFAULT AND SETTING DATEFOR RESPONSIVE PLEADING by Judge Virginia A. Phillips #17 . IT IS HEREBY ORDERED that the clerks default entered herein on November 17, 2021 (Docket Item 15) shall be, and hereby is, vacated; that upon the vacating of the default, Defendant shall not contest or challenge service of process; and that the deadline for BELLFLOWER UNIFIED SCHOOL DISTRICT to file a responsive pleading shall be, and hereby is, December 27, 2021. (yl)
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| Filing 17 STIPULATION to Set Aside Default as to Defendant Bellflower Unified School District filed by Plaintiffs V. S., Deserie Stanley, Virgil Stanley. (Attachments: #1 Proposed Order)(Naime, Omar) |
| Filing 16 SCHEDULING NOTICE: Default was entered by the Clerk as to defendant(s) Bellflower Unified School District #15 . Plaintiff (s) shall file a motion for default judgment on or before December 17, 2021. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cch) TEXT ONLY ENTRY |
| Filing 15 [SET ASIDE AS OF 12-15-21 RE #18 ]DEFAULT BY CLERK F.R.Civ.P.55(a) as to Bellflower Unified School District. (yl) Modified on 12/16/2021 (yl). |
| Filing 14 REQUEST for Clerk to Enter Default against Defendant Bellflower Unified School District filed by Plaintiffs Virgil Stanley, V. S., Deserie Stanley. (Attachments: #1 Declaration Declaration of Andrew Greer, #2 Proposed Order Proposed Order, #3 Proof of Service) (Naime, Omar) |
| Filing 13 PROOF OF SERVICE Executed by Plaintiff Virgil Stanley, V. S., Deserie Stanley, upon Defendant Bellflower Unified School District served on 9/15/2021, answer due 10/6/2021. Service of the Summons and Complaint were executed upon Carey Garcia in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (Naime, Omar) |
| Filing 12 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant Bellflower Unified School District. (yl) |
| Filing 11 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiffs V. S., Deserie Stanley, Virgil Stanley. (Naime, Omar) |
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Filing 10
ORDER GRANTING PETITION FOR EX PARTE APPOINTMENT OF GUARDIAN AD LITEM FOR PLAINTIFF V.S. #7 , #8 by Magistrate Judge Alicia G. Rosenberg. It is ORDERED that Virgil Stanley shall be appointed as guardian ad litem for V.S. in the above captioned action. (hr)
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Filing 9
STANDING ORDER upon filing of the complaint by Judge Virginia A. Phillips. (cch)
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| Filing 8 PETITION for Appointment of Virgil Stanley as Guardian ad Litem for V.S. filed by Plaintiffs V. S., Virgil Stanley. (Naime, Omar) |
| Filing 7 PETITION for Appointment of Virgil Stanley as Guardian ad Litem for V.S. filed by Plaintiffs V. S., Virgil Stanley. (Attachments: #1 Declaration Declaration in Support of GAL) (Naime, Omar) |
| Filing 6 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Complaint (Attorney Civil Case Opening), #1 . The following error(s) was found: It appears a guardian ad litem is named in this case but no Petition seeking such appointment has been filed. A Petition for the Appointment of a Guardian Ad Litem must be filed when the appointment of a guardian ad litem is required by Fed. R. Civ. P. 17(c)(2). See Local Rule 17-1. Counsel must file a Petition for the Appointment of a Guardian Ad Litem immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. (ghap) |
| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge Virginia A. Phillips and Magistrate Judge Alicia G. Rosenberg. (ghap) |
| Filing 3 NOTICE of Interested Parties filed by Plaintiffs V. S., Deserie Stanley, Virgil Stanley, (Naime, Omar) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiffs V. S., Deserie Stanley, Virgil Stanley. (Naime, Omar) |
| Filing 1 COMPLAINT Receipt No: ACACDC-31502792 - Fee: $402, filed by Plaintiffs Virgil Stanley, V. S., Deserie Stanley. (Attorney Omar M Naime added to party V. S.(pty:pla), Attorney Omar M Naime added to party Deserie Stanley(pty:pla), Attorney Omar M Naime added to party Virgil Stanley(pty:pla))(Naime, Omar) |
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