Janine Angel et al v. Cindy Marten et al
Plaintiff: Janine Angel, Tamara Lowder, Michael Martin, Shushanik Khachaturian, Erin Bebereia, Leanna Wasco, Jessica Granados, Dana West, Hannah Bell, Jesse McFaddin, Michele Florentz, Kerry Sarner, Yvonne Chavez Lombardi, Michelle Radich, Miranda Keck, Tina Gunn and Megan Meier
Defendant: Cindy Marten, Gavin Newsom, Tony Thurmond, Chris Essman, Andre G. Alvarado, Mark W. McLaughlin, Austin Buetner, Robert Haley, Dr. Marian Kim-Phelps, David Olney, Dr. Roxanne Fuentes, Kirsten M. Vital Brulte, Kent Kern, Matt Hill, Matthew Gulbrandsen, Kelly Dextraze, Troy A. Brown, Lamont Jackson, Patrick Kelly, Brian McDonald, Norm Enfield, Doug Kimberly, California Department of Education, Fresno Central Unified School District, Conejo Valley Unified School District, Los Angeles Unified School District, San Dieguito Union High School District, Poway Unified School District, Hesperia Unified School District, Berryessa Union School District, Capistrano School District, San Juan Unified School District, Burbank Unified School District, Live Oak Unified School District, Lincoln Unified School District, San Joaquin County Office of Education, San Diego Unified School District, Murrietta Valley Unified School District, Pasedena Unified School District, Lake Elsinore Unified School District, Pasadena Unified School District, Chino Unified School District and Lucille Lynch
Case Number: 2:2021cv07333
Filed: September 14, 2021
Court: US District Court for the Central District of California
Presiding Judge: Pedro V Castillo
Referring Judge: Otis D Wright
Nature of Suit: Civil Rights: Education
Cause of Action: 20 U.S.C. § 1401 Education: Handicapped Child Act
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on June 16, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 14, 2022 Opinion or Order Filing 257 MINUTES (IN CHAMBERS) ORDER CONTINUING DEADLINE TO FILE AMENDED COMPLAINT #256 by Judge Otis D. Wright, II. Plaintiffs now have the benefit of this Minute Order clarifying that the scope of leave to amend is significantly broader, and the scope of possible sanctions significantly narrower, than Plaintiffs previously appeared to fear. Moreover, Plaintiffs have demonstrated by their own OSC Response that they are capable of stating the legal theory of their case clearly and succinctly. With all this in mind, the Court CONTINUES the deadline for Plaintiffs to file an amended Complaint to December 5, 2022. IT IS SO ORDERED. (SEE DOCUMENT FOR FURTHER DETAILS.) (rolm)
November 9, 2022 Opinion or Order Filing 256 First APPLICATION for Order for To show cause Regarding Standing on the Complaint filed by Plaintiff Janine Angel. (Sherry, Meghan)
November 1, 2022 Opinion or Order Filing 255 MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: ORDER TO SHOW CAUSE RE LACK OF PROSECUTION. The Court provided Plaintiffs leave to amend and set a deadline of October 31, 2022. As of todays date, the Court is not in possession of a newly amended complaint. Accordingly, the Court ORDERS Plaintiffs TO SHOW CAUSE, in writing only, to be received by the Court no later than November 8, 2022, why this case should not be dismissed without prejudice for failure to prosecute. Plaintiffs may submit declarations, evidence, or judicially noticeable materials in support of their OSC Response, as appropriate. Alternatively, Plaintiffs may discharge this Order to Show Cause on or before the above deadline by filing a Second Amended Complaint in accordance with the Courts September 16, 2022, and October 17, 2022 Minute Orders. Failure to timely and adequately respond to this Order to Show Cause may result in dismissal of the case. (lc)
October 17, 2022 Opinion or Order Filing 254 MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: re: ORDER STRIKING FIRST AMENDED COMPLAINT #62 AND GRANTING LEAVE TO AMEND. The Second Amended Complaint must be filed no later than October 31, 2022. Failure to timely file a Second Amended Complaint in accordance with the directives herein may result indismissal of the case without or with prejudice, as appropriate. (lc)
October 17, 2022 Opinion or Order Filing 253 Notice Standing on the Pleading filed by Plaintiff Janine Angel. (Sherry, Meghan)
September 16, 2022 Opinion or Order Filing 252 MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: ORDER LIFTING Stay and Returning Case to Active Status Following Martinez v. Newsom; ORDER CONTINUING Deadline to Answer and GRANTING Leave to Amend.The Court received and reviewed the parties' Joint Status Report, filed pursuant to the Courts September 1, 2022 Order to Show Cause #251 . Given that Martinez v. Newsom has issued, the stay on this case is LIFTED for all purposes, and the case is returned to active status. The deadline for all Defendants to answer or otherwise respond to the Complaint is CONTINUED to November 7, 2022. Plaintiffs are GRANTED leave to amend the Complaint in accordance with the discussion herein; Plaintiffs' amended pleading, if any, is due no later than October 17, 2022. If Plaintiffs do not file an amended pleading, then as of October 17, 2022, the Court will deem Plaintiffs to have elected to stand on their FAC. No party may file any Motion to Dismiss or other pleading attack pleading before October 18, 2022. On or after this date, the parties are free to file motions to dismiss or other pleading attacks. The hearing and briefing schedules for any such motions are to be governed by applicable federal and local rules. Moreover, the parties shallcontinue to file motion-related papers in accordance with the letter and spirit of the Court's prior orders on coordinated briefing. In particular, the parties suggestion that the court "allow Defendants to file a Joint Motion to Dismiss ('Motion') this action which will be filed by Defendant California Department of Education with Defendant School Districts allowed to file a Supplemental Brief of no more than 10 pages regarding any issues unique to the DefendantSchool Districts is well taken, and the parties should file in accordance with this procedure. (Status Rpt. 5.) (lc)
September 15, 2022 Opinion or Order Filing 251 JOINT STATUS REPORT of Pursuant to the Court's September 1, 2022 Order filed by Defendants Berryessa Union School District, Capistrano School District, Roxanne Fuentes, Kirsten M. Vital Brulte. (Wadlington, Marlon)
September 1, 2022 Opinion or Order Filing 250 MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: ORDER TO SHOW CAUSE re: Effect of Martinez v. Newsom on Proceedings. The Court received and reviewed the parties Status Report informing the Court that the Ninth Circuit has issued its decision in Martinez v. Newsom #249 . The parties are ORDERED to file, no later than September 15, 2022, a Joint Status Report containing a summary description (or competing descriptions) of the effect of Martinez v. Newsom on these proceedings and a joint proposal for whether and how the Court should reopen and reinstate these proceedings. In the alternative, either side may discharge its obligation under this Order to Show Cause by filing a motion or request to lift the stay and dismiss the case. (lc)
August 31, 2022 Opinion or Order Filing 249 STATUS REPORT Pursuant to Court Order, Docket No. 245 filed by Defendants Berryessa Union School District, Capistrano School District, Roxanne Fuentes, Kirsten M. Vital Brulte. (Attachments: #1 Exhibit A)(Wadlington, Marlon)
August 22, 2022 Opinion or Order Filing 248 MINUTES (IN CHAMBERS) by Judge Otis D. Wright, II: ORDER STRIKING plaintiffs' Request for Reconsideration of Class Discovery and Certification #246 . TheCourt hereby STRIKES the Request, for two reasons. First, the Request is unilateral, not joint, and it therefore cannot be filed as a mere request without a hearing date or other appropriate procedural safeguards. Second, this case has been stayed for all purposes. (See Mins., ECF No. 245.) When a case is stayed for all purposes, no further orders may issue unlessand until the stay is lifted. Therefore, any motions or requests for Court orders other than to lift the stay are moot. (lc)
August 22, 2022 Opinion or Order Filing 247 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Proposed Order ONLY to the First REQUEST for Reconsideration of Class Discovery and Certification #246 . The following error(s) was/were found: Title page is missing. FORMAL TITLE Missing; MISSING LR-11-3.8 required filer, attorney, court and case information. 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. (lc)
August 19, 2022 Opinion or Order Filing 246 (STRICKEN PER 8/22/2022 MINUTES DOCKET NO. 248).First REQUEST for Reconsideration of Class Discovery and Certification filed by Plaintiffs Janine Angel. (Attachments: #1 Memorandum Memorandum of Law, #2 Exhibit Exhibit 1-8, #3 Proposed Order Proposed Order) (Sherry, Meghan) Modified on 8/23/2022 (lc).
August 5, 2022 Opinion or Order Filing 245 MINUTES (In Chambers): Order STAYING Case for All Purposes and DENYING AS MOOT Pending Motions #231 #232 by Judge Otis D. Wright, II. The Court ORDERS this case STAYED for all purposes pending the decision in Martinez v. Newsom, No. 20-56404 (Ninth Cir. filed Dec. 28, 2020). On or shortly before November 1, 2022, and by the first of the month every three (3) months thereafter, the parties shall file a Status Report informing the Court of the status of Martinez v. Newsom. Moreover, the parties shall file a Final Status Report no later than ten (10) days after the Ninth Circuit issues its final disposition in Martinez. In light of the stay, the two pending Motions to Dismiss are DENIED AS MOOT. (ECF Nos. 231, 232.) (lom)
August 4, 2022 Opinion or Order Filing 244 MEMORANDUM in Opposition Regarding stay of entire case and response to plaintiffs' request for class certification discovery filed by Defendants Doug Kimberly, Lake Elsinore Unified School District. (Attachments: #1 Memorandum Notice of Df Joint Response Brief Regarding Stay of Entire Case and response to Plaintiffs' request for class certification discovery, #2 Affidavit Affidavit of Anthony N. DeMaria in Support of Df Joint Response Brief Regarding Stay of Entire Case and response to Plaintiffs' request for class certification discovery)(DeMaria, Anthony)
August 4, 2022 Opinion or Order Filing 243 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Second NOTICE OF MOTION AND MOTION for Order for Stay pending Martinez v. Nesom #242 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. Incorrect event selected. Correct event to be used is: Memorandum. It is not clear as to the attorney's filings. Attached document is a memorandum. Attorney's "text entry" description of the attached document and attached document "caption" should be the same. Motion documents requires a hearing set before the judge, [Prop] Order, etc 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. (lom)
August 1, 2022 Opinion or Order Filing 242 Second NOTICE OF MOTION AND MOTION for Order for Stay pending Martinez v. Nesom filed by Plaintiff Janine Angel. (Attachments: #1 Memorandum) (Sherry, Meghan)
July 29, 2022 Opinion or Order Filing 241 ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENT(S) by Judge Otis D. Wright, II: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: First NOTICE OF MOTION AND MOTION for Order to Show Cause #240 , for the following reasons: Incorrect document is attached to the docket entry; Incorrect event selected; Hearing information is missing, incorrect, or not timely; Proposed Document was not submitted as separate attachment. Other: Incorrect document attached. Review local rules for filing a motion-6.1; 7-3, etc. (lom)
July 28, 2022 Opinion or Order Filing 240 STRICKEN, see docket entry no. 241 - First NOTICE OF MOTION AND MOTION for Order to Show Cause re: Stay Pending Martinez v. Newsom filed by Plaintiff Janine Angel. (Sherry, Meghan) Modified on 7/29/2022 (lom).
July 21, 2022 Opinion or Order Filing 239 MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: ORDER TO SHOW CAUSE re: Stay of Case Pending Martinez v. Newsom; Order CONTINUING Hearing on Motions to Dismiss.The parties have fully briefed Defendants' Motions to Dismiss. Before the Court rules on the Motions, the Court requests briefing on whether this case should be stayed pending the Ninth Circuit's disposition of Martinez v. Newsom. Specifically, and without limitation, the parties should discuss whether disposition of any of the issues in Martinez will dispose of any issues raised in Defendants' Motions to Dismiss or significantly change the analysis in any partys brief. Plaintiffs are ORDERED to SHOW CAUSE, in a written brief of no more than fifteen (15) pages, to be received by the Court no later than July 28, 2022, why this action should not be stayed pending the outcome in Martinez v. Newsom. Defendants may file a single combined response of no more than fifteen (15) pages, to be received by the Court no later than August 4, 2022. The parties are encouraged to submit declarations, evidence, and judiciallynoticeable materials in support of their contentions. Plaintiffs failure to respond will be deemed a concession that the case should be stayed and will result in a stay of the case until Martinez is decided.Finally, the Court CONTINUES the hearing on both Motions to Dismiss to September 12, 2022 at 1:30 PM #231 . (lc)
July 20, 2022 Opinion or Order Filing 238 REPLY in Support (School District Defendants' Supplemental Reply) in Support of Defendants' Motion to Dismiss filed by Defendants Berryessa Union School District, Capistrano School District, Roxanne Fuentes, Kirsten M. Vital Brulte. (Wadlington, Marlon)
July 20, 2022 Opinion or Order Filing 237 REPLY In Support of Defendants' Motion to Dismiss filed by Defendants California Department of Education, Chris Essman, Tony Thurmond. (Attachments: #1 Request for Judicial Notice In Support of Reply Re: Defendants' Motion to Dismiss, #2 Declaration of Len Garfinkel in Support of Reply re: Defendants' Motion to Dismiss)(Garfinkel, Leonard)
July 13, 2022 Opinion or Order Filing 236 MEMORANDUM of Points and Authorities in Opposition of Motion to Dismiss (Attachments: #1 Memorandum, #2 Appendix, #3 Declaration, #4 Declaration, #5 Exhibit, #6 Supplement)(Sherry, Meghan)
July 12, 2022 Opinion or Order Filing 235 MINUTES (IN CHAMBERS) by Judge Otis D. Wright, II: Order DENYING Request to Continue Hearing date on defendants' motions to dismiss (SEE DOCUMENT FOR SPECIFIC GROUNDS AS ENUMERATED HEREIN) #234 ; Order MODIFYING Briefing Schedule. Solely as an accommodation of counsel, the deadline for filing opposition briefsis hereby CONTINUED to July 13, 2022. Should Plaintiffs fail to file opposition briefs by this date, the Court will deem the motions unopposed and proceed accordingly. The deadline for filing reply briefs is correspondingly CONTINUED to July 20, 2022. (lc)
July 11, 2022 Opinion or Order Filing 234 First REQUEST to Withdraw Continue Hearing Date filed by Plaintiff Janine Angel. (Attachments: #1 Declaration, #2 Proposed Order) (Sherry, Meghan)
July 1, 2022 Opinion or Order Filing 233 MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: Order DISCHARGING and STRIKING Prior Minute Order #230 ; Amended Order GRANTING School District Defendants' Request to File Additional Briefing to Support their Motion to Dismiss Plaintiffs' First Amended Complaint #228 . The School District Defendants may file (and in this case, have already properly filed) their separate Motion. (School District Mot., ECF No. 232.) The Motion shall proceed as a regularly noticed Motion, with Plaintiffs filing a single Opposition and School District Defendants filing a single Reply. Page limits and deadlines shall be governed by the Local Rules. (lc)
June 30, 2022 Opinion or Order Filing 232 NOTICE OF MOTION re NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint #231 filed by Defendant Capistrano School District. Motion set for hearing on 8/1/2022 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Memorandum Memorandum of Points and Authorities and Declaration of Marlon C. Wadlington in Support of Supplemental Motion to Dismiss, #2 Proposed Order [Proposed] Order Granting Supplemental Motion to Dismiss)(Wadlington, Marlon)
June 30, 2022 Opinion or Order Filing 231 NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint filed by Defendant California Department of Education, Chris Essman, Tony Thurmond. Motion set for hearing on 8/1/2022 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Memorandum of Points and Authorities in Support of Defendants Motion to Dismiss, #2 Request for Judicial Notice in Support of Defendants Motion to Dismiss, #3 Declaration Declaration of Len Garfinkel in Support of Motion to Dismiss of Defendants, #4 Proposed Order Proposed Order Granting Motion to Dismiss of Defendants) (Garfinkel, Leonard)
June 27, 2022 Opinion or Order Filing 230 (DISCHARGED AND STRICKEN PER 7/1/2022 MINUTE DOCKET NO. 233) MINUTES (IN CHAMBERS) by Judge Otis D. Wright, II: Order GRANTING School District Defendants Request to File Additional Briefing to Support their Motion to Dismiss Plaintiffs First Amended Complaint #228 . The School District Defendants may file an additional separate Opposition of up to six (6) pages. Plaintiffs may file a Reply to this separate Opposition of no more than four (4) pages. Briefing deadlines shall be in relation to the hearing dates selected by the parties and shall be governed by the Local Rules. (lc) Modified on 6/28/2022 (lc). Modified on 7/1/2022 (lc).
June 24, 2022 Opinion or Order Filing 229 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Miscellaneous Document #228 Defendants Berryessa Union School District, Capistrano School District, Roxanne Fuentes, Kirsten M. Vital Brulte. The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Request: Order. RE proposed order...L.R. 58-10 at least 2 lines of text must accompany the Signature Line for Signature of Judge on a last page of proposed order The Incorrect event does not seek the relief " to file additional briefing". Other error(s) with document(s): Note: To assist in a search for correct events, please use the "SEARCH" option for a "key word" to narrow the selection process. 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. (lc)
June 23, 2022 Opinion or Order Filing 228 Request to File Additional Briefing Supporting School District Defendants Motion to Dismiss Plaintiffs' FAC filed by Defendants Berryessa Union School District, Capistrano School District, Roxanne Fuentes, Kirsten M. Vital Brulte (Attachments: #1 Declaration of Marlon C. Wadlington, #2 Proposed Order)(Wadlington, Marlon) Modified on 6/28/2022 (lc).
June 9, 2022 Opinion or Order Filing 227 ORDER GRANTING REQUEST #225 AND LIFTING STAY #207 by Judge Otis D. Wright, II: The stay of this matter, which issued on March 21, 2022, (Order Staying Case, is hereby LIFTED. Defendants shall answer or otherwise respond to the Complaint within twenty-one (21) days of the date of this Order. If engaging in motion practice, the parties are ORDERED to follow both the letter and the spirit of the Court's prior orders regarding combined briefing, page limits, and related matters. (lc)
June 9, 2022 Opinion or Order Filing 226 NOTICE of Defendants' Intent to File an Opposition to Plaintiffs' Motion to Lift Stay filed by Defendants Berryessa Union School District, Capistrano School District, Roxanne Fuentes, Kirsten M. Vital Brulte. (Attachments: #1 Exhibit A-B)(Wadlington, Marlon)
June 7, 2022 Opinion or Order Filing 225 Fourth REQUEST to Lift Stay re Matter filed by Plaintiff Janine Angel. (Attachments: #1 Proposed Order) (Sherry, Meghan)
June 6, 2022 Opinion or Order Filing 224 MINUTES (IN CHAMBERS) by Judge Otis D. Wright, II: ORDER DENYING AS MOOT Plaintiffs' Second Request to Lift Stay #220 and STRIKING Plaintiffs' Third Request to Lift Stay #222 . As a preliminary matter, the Third Request moots the Second Request, and accordingly, the Second Request to Lift Stay is DENIED AS MOOT. (ECF No. 220.) Regarding the Third Request to Lift Stay, as provided in the Notice of Deficiencies, (ECF No. 223), the Proposed Order is missing a caption page and is accordingly incomplete. (See ECf No. 222-1.) The Third Request to Lift Stay is accordingly STRICKEN. (ECF No. 222.) All requests, stipulations, motions, and similar filings must comply with the Federal Rules, the Local Rules, and this Courtroom's Rules. Noncompliant documents will be stricken without further notice. (lc)
June 6, 2022 Opinion or Order Filing 223 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Third REQUEST to Lift Stay re MATTER #222 . The following error(s) was/were found: Title page is missing. Filer resubmitted proposed order, however proposed order Missing the Formal title page and the LR-11-3.8 required filer, attorney, court and case information. 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. (lc)
June 6, 2022 Opinion or Order Filing 222 (STRICKEN PER 6/6/2022 MINUTES DOCKET NO. 224).Third REQUEST to Lift Stay re MATTER filed by Plaintiff Janine Angel. (Attachments: #1 Proposed Order) (Sherry, Meghan) Modified on 6/7/2022 (lc).
June 6, 2022 Opinion or Order Filing 221 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Second REQUEST to Lift Stay re Matter #220 . The following error(s) was/were found: Last page has Only " It is so Ordered" for Judge's signature. L.R. 58-10 at least 2 lines of text must accompany the Signature Line for Signature of Judge on a last page of 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. (lc)
June 3, 2022 Opinion or Order Filing 220 Second REQUEST to Lift Stay re Matter filed by PLAINTIFF Janine Angel. (Attachments: #1 Proposed Order) (Sherry, Meghan)
June 3, 2022 Opinion or Order Filing 219 ORDER by Judge Otis D. Wright, II: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: First REQUEST to Lift Stay re Civil Action #217 , for the following reasons: Proposed Document was not submitted as separate attachment; Comply with instructions on discrepancy docket no. #218 and refile document correctly. (lc)
May 31, 2022 Opinion or Order Filing 218 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: First REQUEST to Lift Stay re Civil Action #217 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. Missing proposed order Other error(s) with document(s): As an alternative, prepare and e-file a formal Notice of Lodging, to be docketed only under its specific event: Notice of Lodging, to which the formal proposed order is submitted as a Separate Attachment thereto.. 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. (lc)
May 27, 2022 Opinion or Order Filing 217 (STRICKEN PER 6/3/2022 ORDER DOCKET NO. 219). First REQUEST to Lift Stay re Civil Action filed by Plaintiff Janine Angel. (Sherry, Meghan) Modified on 6/3/2022 (lc).
May 18, 2022 Opinion or Order Filing 216 ORDER by Magistrate Judge Pedro V. Castillo: granting #208 , #209 PETITION to Appoint Guardian ad Litem, appointing Dr. Ronald Savage as Guardian ad Litem for the minor Plaintiffs. (hr)
May 6, 2022 Opinion or Order Filing 215 REPLY SUPPORT OF SUPPLEMENTAL PETITION FOR APPOINTMENT OF RONALD SAVAGE AS GUARDIAN AD LITEM FOR MINOR PLAINTIFFS filed by Plaintiff Janine Angel. (Sherry, Meghan)
April 29, 2022 Opinion or Order Filing 214 MINUTE (IN CHAMBERS) ORDER: (1) SUA SPONTE AMENDING BRIEFING SCHEDULE ON PLAINTIFFS' PETITION FOR RECONSIDERATION OF THE APPOINTMENT OF DR. RONALD SAVAGE AS GUARDIAN AD LITEM FOR MINOR PLAINTIFFS; AND (2) SETTING DATE FOR A HEARING ON THE PETITION VIA ZOOM by Magistrate Judge Pedro V. Castillo, re: Supplemental PETITION for Appointment of Ronald Savage as Guardian ad Litem #209 , Renewed PETITION for Appointment of Ronald Savage as Guardian ad Litem #208 . The Court ORDERS as follows. Plaintiffs shall file a reply in support of the Petition responding to the arguments raised in Defendants' opposition by May 62 2022. The Court will hold a virtual hearing on the Petition via Zoom on Friday, May May 13, 2022, at 10:00 a.m. (see document for further details) (hr)
April 28, 2022 Opinion or Order Filing 213 Defendants' Joint Opposition Opposition re: Supplemental PETITION for Appointment of Ronald Savage as Guardian ad Litem for Minor Plaintiffs et al #209 filed by Defendants Andre G. Alvarado, Berryessa Union School District, Troy A. Brown, Austin Buetner, Burbank Unified School District, California Department of Education, Capistrano School District, Chino Unified School District, Conejo Valley Unified School District, Kelly Dextraze, Norm Enfield, Chris Essman, Fresno Central Unified School District, Roxanne Fuentes, Matthew Gulbrandsen, Robert Haley, Hesperia Unified School District, Matt Hill, Lamont Jackson, Patrick Kelly, Kent Kern, Marian Kim-Phelps, Doug Kimberly, Lake Elsinore Unified School District, Lincoln Unified School District, Live Oak Unified School District, Los Angeles Unified School District, Lucille Lynch, Cindy Marten, Brian McDonald, Mark W. McLaughlin, Murrietta Valley Unified School District, Gavin Newsom, David Olney, Pasadena Unified School District, Poway Unified School District, San Diego Unified School District, San Dieguito Union High School District, San Joaquin County Office of Education, San Juan Unified School District, Tony Thurmond, Kirsten M. Vital Brulte. (Johnson, Jimmie)
April 28, 2022 Opinion or Order Filing 212 Defendants' Joint Opposition Opposition re: Renewed PETITION for Appointment of Ronald Savage as Guardian ad Litem for Minor Plaintiff's et al #208 filed by Defendants Andre G. Alvarado, Berryessa Union School District, Troy A. Brown, Austin Buetner, Burbank Unified School District, California Department of Education, Capistrano School District, Chino Unified School District, Conejo Valley Unified School District, Kelly Dextraze, Norm Enfield, Chris Essman, Fresno Central Unified School District, Roxanne Fuentes, Matthew Gulbrandsen, Robert Haley, Hesperia Unified School District, Matt Hill, Lamont Jackson, Patrick Kelly, Kent Kern, Marian Kim-Phelps, Doug Kimberly, Lake Elsinore Unified School District, Lincoln Unified School District, Live Oak Unified School District, Los Angeles Unified School District, Lucille Lynch, Cindy Marten, Brian McDonald, Mark W. McLaughlin, Murrietta Valley Unified School District, Gavin Newsom, David Olney, Pasadena Unified School District, Poway Unified School District, San Diego Unified School District, San Dieguito Union High School District, San Joaquin County Office of Education, San Juan Unified School District, Tony Thurmond, Kirsten M. Vital Brulte. (Johnson, Jimmie)
April 21, 2022 Opinion or Order Filing 211 MINUTE (IN CHAMBERS) ORDER SETTING BRIEFING SCHEDULE ON PLAINTIFFS' PETITION FOR RECONSIDERATION OF THE APPOINTMENT OF DR. RONALD SAVAGE AS GUARDIAN AD LITEM FOR MINOR PLAINTIFFS by Magistrate Judge Pedro V. Castillo, re: Supplemental PETITION for Appointment of Ronald Savage as Guardian ad Litem #209 , Renewed PETITION for Appointment of Ronald Savage as Guardian ad Litem #208 . Defendants' Opposition, if any, is due within fourteen days of the date of this Order. Thereafter, the Court will take the matter under submission without further briefing or argument, unless otherwise ordered by the Court. (see document for further details) (hr)
April 21, 2022 Opinion or Order Filing 210 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Supplemental PETITION for Appointment of Ronald Savage as Guardian ad Litem for Minor Plaintiffs et al #209 , Renewed PETITION for Appointment of Ronald Savage as Guardian ad Litem for Minor Plaintiff's et al #208 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. Both filings appear to be identical, no indication why no. 209 was texted in as "supplemental". Upon review of both filings, it appears there is a difference in the number of pages in Declaration of Ronald Savage and that the one attached in no. 209 has his signature whereas the one in no. 208 had a blank signature line. Nevertheless neither filing had a proposed order submitted as a separate attachment. Other error(s) with document(s): Re Missing proposed order....As an alternative, prepare and e-file a formal Notice of Lodging, to be docketed only under its specific event: Notice of Lodging, to which the formal proposed order and or proposed judgment are submitted as their respectve Separate Attachment thereto.. 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. (lc)
April 20, 2022 Opinion or Order Filing 209 Supplemental PETITION for Appointment of Ronald Savage as Guardian ad Litem for Minor Plaintiffs et al filed by Plaintiff Janine Angel. (Attachments: #1 Declaration, #2 Exhibit) (Sherry, Meghan)
April 20, 2022 Opinion or Order Filing 208 Renewed PETITION for Appointment of Ronald Savage as Guardian ad Litem for Minor Plaintiff's et al filed by Plaintiff Janine Angel. (Attachments: #1 Exhibit, #2 Declaration) (Sherry, Meghan)
March 21, 2022 Opinion or Order Filing 207 MINUTES (IN CHAMBERS) by Judge Otis D. Wright, II: Order DENYING Stipulation to Continue Deadline to Move for Class Certification #206 ; Order STAYING Case Pending Appointment of Guardian Ad Litem, DENYING AS MOOT Pending Motions #130 , #171 , and SETTING Renewed Application Deadline. Plaintiffs are ORDERED to file, within thirty (30) days of the date of this Order, a renewed Application for Appointment of Guardian ad Litem. The applicable guardian ad litem requirements are already in the case record. Failure to timely file a renewed Application will result in dismissal of the case without prejudice and without further warning. Moreover, failure to file a renewed guardian ad litem Application that is sufficient and compliant in all respects will result in denial of the Application and dismissal of the case without prejudice and without further warning for failure to prosecute and to comply with Court orders. (lc)
March 14, 2022 Opinion or Order Filing 206 Second STIPULATION to Continue Plaintiffs' Due Date to File Motion to Certify the Class from April 15, 2022 to June 17, 2022 filed by Defendants Berryessa Union School District, Capistrano School District, Roxanne Fuentes, Kirsten M. Vital Brulte. (Attachments: #1 Proposed Order)(Wadlington, Marlon)
February 16, 2022 Opinion or Order Filing 205 NOTICE of Appearance filed by attorney Rory J. Bellantoni on behalf of Plaintiffs Janine Angel, Erin Bebereia, Hannah Bell, Michele Florentz, Jessica Granados, Tina Gunn, Miranda Keck, Shushanik Khachaturian, Yvonne Chavez Lombardi, Tamara Lowder, Michael Martin, Jesse McFaddin, Megan Meier, Michelle Radich, Kerry Sarner, Leanna Wasco, Dana West (Bellantoni, Rory)
February 4, 2022 Opinion or Order Filing 204 MINUTES (IN CHAMBERS) by Judge Otis D. Wright, II: Order STRIKING Notice of Withdrawal of Counsel #200 and GRANTING Attorney Bellantoni's Pro Hac Vice Application #195 , #203 . Attorney Charlotte Carne filed a Notice of Appearance or Withdrawal of Counsel using Form G-123. #200 . In the space on the form where counsel is directed to list the party or parties as to whom counsel is withdrawing, Attorney Carne lists a fellow attorney, not a party or list of parties. Given that this case involves many Plaintiffs, Attorney Carne's Notice of Withdrawal is impermissibly ambiguous. The Notice of Withdrawal of Counsel is STRICKEN without prejudice to refiling. Attorney Carne remains an attorney of record until a proper Notice is on file.Separately, having reviewed Attorney Bellantoni's supplemental materials for his Application to appear pro hac vice on Plaintiffs' behalf, (lc) Modified on 2/4/2022 (lc).
February 3, 2022 Opinion or Order Filing 203 Supplemental APPLICATION of Non-Resident Attorney Rory Bellantoni to Appear Pro Hac Vice on behalf of Plaintiff Janine Angel (Pro Hac Vice Fee - $500.00 Previously Paid on 1/24/2022, Receipt No. 32666504) filed by Plaintiff Janine Angel. (Attachments: #1 Declaration Rory J Bellantoni Declaration, #2 Exhibit Exhibit 1) (Sherry, Meghan)
February 2, 2022 Opinion or Order Filing 202 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance or Withdrawal of Counsel (G-123), #200 . The following error(s) was/were found: Section I of Notice of Appearance or Withdrawal G123 conflicts with docket text; re name of party. 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. (ak)
February 1, 2022 Opinion or Order Filing 201 Notice of Appearance or Withdrawal of Counsel: for attorney Nancy Prapion Doumanian counsel for Defendant Pasadena Unified School District. NANCY PRAPION DOUMANIAN, ESQ. will no longer receive service of documents from the Clerks Office for the reason indicated in the G-123 Notice. Filed by Defendant PASADENA UNIFIED SCHOOL DISTRICT and BRIAN McDONALD. (Doumanian, Nancy)
February 1, 2022 Opinion or Order Filing 200 (STRICKEN PER 2/4/22 MINUTES DOCKET NO. 204).Notice of Appearance or Withdrawal of Counsel: for attorney Charlotte G Carne counsel for Plaintiff Janine Angel. Charlotte G. Carne is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiffs Angel. (Carne, Charlotte) Modified on 2/4/2022 (lc).
February 1, 2022 Opinion or Order Filing 199 MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II:Order STRIKING Erroneously Filed Notice #198 . Plaintiffs filed a document, which is captioned for and clearly meant for a different action in the Eastern District of Michigan. The Court assumes this document was filed in error and accordingly STRIKES it. (lc)
January 31, 2022 Opinion or Order Filing 198 (STRICKEN PER 2/1/2022 MINUTE ORDER DOCKET NO. 199).Notice of Appearance or Withdrawal of Counsel: for attorney Charlotte G Carne counsel for Plaintiff Janine Angel. Charlotte G. Carne is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiffs Angel. (Carne, Charlotte) Modified on 2/1/2022 (lc).
January 28, 2022 Opinion or Order Filing 197 MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: Order PARTIALLY DISCHARGING January 27, 2022 Order To Show Cause #196 Upon further review of the record, the Court notes that an up-to-date good standing certificate for Attorney Bellantoni is filed in this case at ECF No. 195-1. Accordingly, the Court PARTIALLY DISCHARGES its January 27, 2022 Order to Show Cause by clarifying that no additional good standing certificate is required at this time. The remainder of the January 27, 2022 Order to Show Cause stands. (lc)
January 27, 2022 Opinion or Order Filing 196 MINUTES (IN CHAMBERS) by Judge Otis D. Wright, II: Order DENYING AS MOOT Pro Hac Vice Application #191 ; ORDER TO SHOW CAUSE re: Local Counsel; ORDER to File Up-To-Date Certificate of Good Standing. As a preliminary matter, the Second Application mooted by the Third Application, and the Second Application is therefore DENIED AS MOOT. The Court has reviewed the Third Application and notes that the proposed local counsel, Meghan Sherry, holds herself out as a member of the Brain Injury Rights Group Ltd. law firm. (Third Appl. 2.) Attorney Sherry lists a local address in Oxnard, California. The discrepancies between the information in Attorney Bellantoni's Application, on one hand, and the above-discussed judicially noticeable facts, on the other hand, give the Court pause to consider whether Attorney Sherry indeed satisfies the local counsel requirement. Accordingly, counsel are ORDERED TO SHOW CAUSE, in writing only, no later than seven (7) days from the date of this Order, why Attorney Bellantoni's pro hac vice application should not be denied for lack of proper local counsel. Counsel are encouraged to support their assertions regarding Attorney Sherrys status as local counsel with declarations or other appropriate evidence. Failureto adequately and timely respond to this Order will result in the denial of Attorney Bellantoni's pro hac vice application. The Court also notes that Attorney Bellantoni has failed to file an up-to-date certificate of good standing for her licensure in the State of New York. Attorney Bellantoni is therefore ORDERED to either (1) file an amended pro hac vice application containing an up-to-date good standing certificate, or (2) separately file an up-to-date good standing certificate. The amended application or good standing certificate must be filed no later than seven (7) days from the date of this Order. Failure to do so will result in the denial of Attorney Bellantoni's pro hac vice application. (lc)
January 26, 2022 Opinion or Order Filing 195 Third APPLICATION of Non-Resident Attorney Rory Jude Bellantoni to Appear Pro Hac Vice on behalf of Plaintiff Janine Angel (Pro Hac Vice Fee - $500 Previously Paid on 1/24/2022, Receipt No. 6983021) filed by Plaintiff Janine Angel. (Attachments: #1 Signed Application) (Sherry, Meghan)
January 25, 2022 Opinion or Order Filing 194 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Rory J. Bellatoni to Appear Pro Hac Vice on behalf of Plaintiff Janine Angel (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32666504) #191 . The following error(s) was/were found: Local Rule 5-4.3.4 Application not hand-signed. Local Rule 83-2.1.3.3(d) Certificate of Good Standing not attached for every state court listed to which the applicant has been admitted. (lt)
January 25, 2022 Opinion or Order Filing 193 The hearing on the MOTION for Preliminary Injunction #130 ; and MOTION to Stay Case #171 , scheduled for January 31, 2022 at 1:30 P.M., are hereby VACATED and taken off calendar. No appearances are necessary. The matters stands submitted, and will be decided upon without oral argument. An order will issue.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sce) TEXT ONLY ENTRY
January 25, 2022 Opinion or Order Filing 192 MINUTE (IN CHAMBERS) ORDER DENYING WITH PREJUDICE PLAINTIFFS' SECOND PETITION TO APPOINT DR. RONALD C. SAVAGE, Ed.D., AS GUARDIAN AD LITEM, CONSTRUED AS A MOTION FOR RECONSIDERATION by Magistrate Judge Pedro V. Castillo: denying #180 PETITION to Appoint Guardian ad Litem. IT IS ORDERED that Plaintiffs' Second Petition to Appoint Dr. Ronald C. Savage, Ed.D. as Guardian ad Litem is DENIED with prejudice. If Plaintiffs wish to challenge this Order, Local Rule 72-2.1 sets forth the procedures for objecting to a Magistrate Judge's non-dispositive ruling. (see document for further details) (hr)
January 24, 2022 Opinion or Order Filing 191 APPLICATION of Non-Resident Attorney Rory J. Bellatoni to Appear Pro Hac Vice on behalf of Plaintiff Janine Angel (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32666504) filed by Plaintiff Janine Angel. (Attachments: #1 Proposed Order) (Sherry, Meghan)
January 21, 2022 Opinion or Order Filing 190 REPLY Joint Reply to Plaintiff's Opposition to Joint Motion to Stay Entire Case NOTICE OF MOTION AND MOTION to Stay Case pending Resolution of Martinez v. Newsom #171 filed by Defendants Doug Kimberly, Lake Elsinore Unified School District. (DeMaria, Anthony)
January 14, 2022 Opinion or Order Filing 189 REPLY in Support of NOTICE OF MOTION AND MOTION for Preliminary Injunction re In-person Learning #130 filed by Plaintiff Janine Angel. (Attachments: #1 Declaration, #2 Exhibit)(Carne, Charlotte)
January 14, 2022 Opinion or Order Filing 188 REPLY in Support of NOTICE OF MOTION AND MOTION for Preliminary Injunction re In-person Learning #130 filed by Plaintiff Janine Angel. (Attachments: #1 Declaration Request for Judicial Notice, #2 Exhibit, #3 Exhibit)(Carne, Charlotte)
January 12, 2022 Opinion or Order Filing 187 Defendants' Joint Opposition to Second Petition for Guardian Ad Litem Yes re: Second PETITION for Appointment of Dr. Ronald C. Savage, Ed., D #180 filed by Defendants Troy A. Brown, Kelly Dextraze, Matthew Gulbrandsen, Lincoln Unified School District, Live Oak Unified School District, San Joaquin County Office of Education. (Johnson, Jimmie)
January 11, 2022 Opinion or Order Filing 186 MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: Order DENYING Stipulation to Dismiss San Diego District Parties #185 . Unless and until the parties address the foregoing, the Court cannot conclude that the terms of dismissal are "proper." Fed. R. Civ. P. 41(a)(2). Therefore, the parties Stipulation isDENIED WITHOUT PREJUDICE to filing an amended stipulation that addresses theforegoing. (SEE DOCUMENT FOR SPECIFICS). (lc)
January 10, 2022 Opinion or Order Filing 185 Joint STIPULATION to Dismiss Cindy Marten, Lamont Jackson, San Diego Unified School District Cindy Marten, Lamont Jackson, San Diego Unified School District. (Attachments: #1 Proposed Order)(Sutherland, Sarah)
January 10, 2022 Opinion or Order Filing 184 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Second PETITION for Appointment of Dr. Ronald C. Savage, Ed., D #180 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. Missing proposed order. Tile of document not on page 1 but on page 2. Other error(s) with document(s): As an alternative, prepare and e-file a formal Notice of Lodging, to be docketed only under its specific event: Notice of Lodging, to which the formal proposed order and or proposed judgment are submitted as their own s Separate Attachment thereto.. 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. (lc)
January 7, 2022 Opinion or Order Filing 183 REQUEST FOR JUDICIAL NOTICE in Support of Defendants' Additional Briefing in Opposition to Plaintiffs' Request for Preliminary Injunction filed by Defendants Berryessa Union School District, Capistrano School District, Roxanne Fuentes, Kirsten M. Vital Brulte. (Attachments: #1 Exhibit A-D)(Wadlington, Marlon)
January 7, 2022 Opinion or Order Filing 182 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Preliminary Injunction re In-person Learning #130 filed by Defendants Berryessa Union School District, Capistrano School District, Roxanne Fuentes, Kirsten M. Vital Brulte. (Wadlington, Marlon)
January 7, 2022 Opinion or Order Filing 181 Opposition to Plaintiffs' Motion for Injunction Opposition to re: NOTICE OF MOTION AND MOTION for Preliminary Injunction re In-person Learning #130 filed by Defendants California Department of Education, Chris Essman, Tony Thurmond. (Attachments: #1 Declaration Declaration of Len Garfinkel in Support of Opposition of Defendants to Motion for Automatic Injunction, #2 Request for Judicial Notice in Support of Opposition of Defendants to Motion for Automatic Injunction)(Garfinkel, Leonard)
January 7, 2022 Opinion or Order Filing 180 Second PETITION for Appointment of Dr. Ronald C. Savage, Ed., D filed by Plaintiffs Janine Angel. (Carne, Charlotte)
January 7, 2022 Opinion or Order Filing 179 OPPOSITION to NOTICE OF MOTION AND MOTION to Stay Case pending Resolution of Martinez v. Newsom #171 filed by Plaintiff Janine Angel. (Carne, Charlotte)
January 5, 2022 Opinion or Order Filing 178 ORDER ON STIPULATION SETTING CLASS DISCOVERY RESPONSE AND CLASS CERTIFICATION MOTION DEADLINES #177 by Judge Otis D. Wright, II: The deadline for Defendants to respond to the discovery referenced in the parties' Stipulation is now March 11, 2022; and Plaintiffs deadline to file their Motion for Class Certification is now April 15, 2022. (lc)
January 5, 2022 Opinion or Order Filing 177 Joint STIPULATION to Continue the Deadline for Plaintiffs to File their Motion for Class Certification and Defendants to Respond to Plaintiffs' Discovery Responses from February 18, 2022 and January 12, 2022 to April 15, 2022 and March 11, 2022 filed by Defendants Berryessa Union School District, Capistrano School District, Roxanne Fuentes, Kirsten M. Vital Brulte. (Attachments: #1 Proposed Order)(Wadlington, Marlon)
January 4, 2022 Opinion or Order Filing 176 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: First REQUEST for Leave of Meghan Sherry to Appear for Notice of Appearance First REQUEST for Appointment of Counsel #175 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Appearance of Withdrawal of Counsel G123.. 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. (ak)
January 3, 2022 Opinion or Order Filing 175 First REQUEST for Leave of Meghan Sherry to Appear for Notice of Appearance , First REQUEST for Appointment of Counsel filed by Attorney for Plaintiff Janine Angel. Request set for hearing on 1/31/2022 at 08:30 AM before Judge Otis D. Wright II. (Attorney Meghan C. Sherry added to party Janine Angel(pty:pla)) (Sherry, Meghan)
December 29, 2021 Opinion or Order Filing 174 MINUTES (IN CHAMBERS) ORDER DENYING WITHOUT PREJUDICE PLAINTIFF'S PETITION TO APPOINT DR. RONALD C.SAVAGE, Ed.D. AS GUARDIAN AD LITEM [Dkt. No. #169 ] by Magistrate Judge Pedro V. Castillo. IT IS ORDERED that Plaintiffs' Petition to Appoint Dr. Ronald C. Savage, Ed.D. as Guardian ad Litem is DENIED, without prejudice to re-filing the petition with a declaration evidencing Dr. Savage's communications with Plaintiffs and his suitability to meet the specific needs for a guardian ad litem presented by the lawsuit. (et)
December 23, 2021 Opinion or Order Filing 173 REPLY in Support of Petition for Guardian Ad Litem PETITION for Appointment of Dr. Ronald C. Savage, Ed., D as Guardian ad Litem for C.A. #169 filed by Plaintiff Janine Angel. (Carne, Charlotte)
December 20, 2021 Opinion or Order Filing 172 DEFENDANTS' JOINT OPPOSITION TO PETITION FOR GUARDIAN AD LITEM This document is in opposition to the Plaintiffs' Petition for Guardian ad Litem re: PETITION for Appointment of Dr. Ronald C. Savage, Ed., D as Guardian ad Litem for C.A. #169 filed by Defendants Troy A. Brown, Kelly Dextraze, Matthew Gulbrandsen, Lincoln Unified School District, Live Oak Unified School District, San Joaquin County Office of Education. (Johnson, Jimmie)
December 17, 2021 Opinion or Order Filing 171 NOTICE OF MOTION AND MOTION to Stay Case pending Resolution of Martinez v. Newsom filed by Defendants Doug Kimberly, Lake Elsinore Unified School District. Motion set for hearing on 1/31/2022 at 01:30 PM before Judge Otis D. Wright II. (DeMaria, Anthony)
December 15, 2021 Opinion or Order Filing 170 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: PETITION for Appointment of Dr. Ronald C. Savage, Ed., D as Guardian ad Litem for C.A. #169 . The following error(s) was/were found: Case number is incorrect or missing. Proposed order has erroneous signature date of Dec.13, 2021 prior to Judge signing order. Also Judge's signature line stands alone on last page. SEE: L.R. 58-10 at least 2 lines of text must accompany the Signature Line for Signature of Judge on a last page of proposed order. Other error(s) with document(s): Note: Complete and correct case number is to read as: 2:21-cv-07333-ODW-PVCx. 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. (lc)
December 15, 2021 Opinion or Order Filing 169 PETITION for Appointment of Dr. Ronald C. Savage, Ed., D as Guardian ad Litem for C.A. filed by Plaintiffs Janine Angel. (Attachments: #1 Exhibit, #2 Exhibit, #3 Proposed Order, #4 Exhibit) (Carne, Charlotte)
December 6, 2021 Opinion or Order Filing 168 MINUTES (IN CHAMBERS) by Judge Otis D. Wright, II: ORDER GRANTING REQUET TO FILE ADDITIONAL SEPARATE OPPOSITION #167 . This Minute Order should be read in conjunction with the Courts November 24, 2021 Minute Order (ECF No. 165) setting forth the motion and briefing schedule for the first phase of this case. This Minute Order supplements (but does not replace) the material in the November 24, 2021 Minute Order. Defendants Capistrano Unified School District, Supt. Kirsten K. Vital Brulte, Berryessa Union School District, and Supt. Dr. Roxane Fuentes (Requesting Defendants) make a request on behalf of many Defendants to file an additional separate Opposition to Plaintiffs Motion forPreliminary Injunction containing arguments unique to the School Districts. For good cause shown, Requesting Defendants are GRANTED permission to file an additional separate Opposition of up to ten (10) pages. Plaintiffs may file a Reply to Requesting Defendants Opposition of up to eight (8) pages. Deadlines are governed by the opposition and reply deadlines set forth in the November 24, 2021 Minute Order. (lc)
December 3, 2021 Opinion or Order Filing 167 Request to File Additional Separate Opposition to Plaintiffs' Request for Preliminary Injunction filed by Defendants Berryessa Union School District, Capistrano School District, Roxanne Fuentes, Kirsten M. Vital Brulte re: Minutes of In Chambers Order/Directive - no proceeding held,,,,,,,,,,, #165 (Attachments: #1 Declaration of Marlon C. Wadlington, #2 Proposed Order)(Wadlington, Marlon) Modified on 12/6/2021 (lc).
December 1, 2021 Opinion or Order Filing 166 MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: The Court's November 24, 2021 Minute Order (ECF No. 165) sets forth a schedule for the first phase of this litigation and obviates the need for the parties to prepare a Joint Status Report as provided in item seven of the Court's November 8, 2021 Minute Order (ECF No. 156). Accordingly, the Court DISCHARGES all obligations in item seven of the November 8, 2021 Minute Order. (ECF No. 156.) (lc)
November 24, 2021 Opinion or Order Filing 165 MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: Order ENFORCING Guardian Ad Litem Requirement and SETTING Early Motion and Briefing Schedule. The Court received and reviewed Plaintiffs' Response regarding the guardian ad litemrequirement #163 . In this case, the Court finds appointment of a single guardian ad litem to protect the interests of the minor Plaintiffs both individually and as a whole to be a prudent course of action. Moreover, the class nature of this action merits a guardian ad litem who can speak for the students as a class in terms of overall litigation direction, strategy, and goals. For these reasons, the Court denies Plaintiffs' request for waiver of the guardian ad litem requirement. Pursuant to Federal Rule of Civil Procedure 17(c)(2), the Court ORDERS Plaintiffs to obtain one non-parent guardian ad litem to represent the minor Plaintiffs' interests. Plaintiffs shall file a Petition for Appointment of Guardian Ad Litem within twenty-one (21) days. Having reviewed the Minutes following the parties' November 17, 2021 Status Conference, (ECF No. 162), and for good cause shown, the Court ORDERS as follows. 1. The stay on motion practice is LIFTED as to Plaintiffs' Motion for Preliminary Injunction. (ECF No. 130.) This motion need not be re-filed and will be deemed pending. Defendants may file a single Combined Opposition brief of up to twenty-five (25) pages; all Defendants will be deemed to have joined in all arguments in this Combined Opposition unless they otherwise specify. Plaintiffs may file a Reply to this Combined Opposition of up to fifteen (15) pages. Furthermore, if any Defendant or group of Defendants has additional opposition arguments pertaining only to them and wishes to present those arguments additionally and separately, such parties should file a Request to File 2. The stay on motion practice is LIFTED as to Defendants' expected Motion to Stay. Unlike the Motion for Preliminary Injunction, the Motion to Stay will involve a single, uniform legal issue, so a simple briefing plan will do. Defendants may file a single Combined Motion to Stay of up to twenty-five (25) pages. Plaintiffs shall file a single Opposition of up to twenty-five (25) pages. Defendants shall file a single Combined Reply of up to fifteen (15) pages. All Defendants will be deemed to have joined on all arguments in the Motion and Reply papers unless they otherwise specify. 3. The hearing for both motions is hereby SET for January 31, 2022 at 1:30 p.m. 4. Defendants must file their Motion to Stay by December 17, 2021. 5. Oppositions for both motions are due January 7, 2022. Replies for both motions are due January 21, 2022. 6. The deadline for filing class certification motions in this matter is hereby CONTINUED to February 18, 2022. 7. The deadline for Defendants to answer or otherwise respond to the Complaint remains TOLLED and SUSPENDED. All other motion practice remains STAYED. (lc)
November 24, 2021 Opinion or Order Filing 164 NOTICE OF DISMISSAL filed by Defendant Pasadena Unified School District pursuant to FRCP 41a(1) NOTICE OF ENTRY OF ORDER OF DISMISSAL AS TO DEFENDANT PASADENA UNIFIED SCHOOL DISTRICT AND DEFENDANT DR. BRIAN MCDONALD, SUPERINTENDENT OF SCHOOLS as to Pasadena Unified School District. (Doumanian, Nancy)
November 19, 2021 Opinion or Order Filing 163 NOTICE OF NON-OPPOSITION Response to Judge Wright's Nov. 8, 2021 Order to Show Cause filed by Plaintiff Janine Angel. (Carne, Charlotte)
November 18, 2021 Opinion or Order Filing 162 MINUTES RE NOVEMBER 17, 2021 STATUS CONFERENCE held before Magistrate Judge Pedro V. Castillo. Although the parties discussed their respective positions in good faith and with commendable professionalism, they were unable to reach an agreement on any topic and agreed that their resolution may best be achieved through future briefing. The Court encouraged the parties to continue to attempt to resolve their disputes informally. (see document for further details) Court Recorder: CS 11-17-21. (hr)
November 16, 2021 Opinion or Order Filing 161 Notice of Appearance or Withdrawal of Counsel: for attorney Kennett L Patrick counsel for Defendants Robert Haley, Lucille Lynch, San Dieguito Union High School District. Adding Kennett L. Patrick as counsel of record for San Dieguito High School District, Robert Haley and Lucile Lynch, incorrectly named as Lucille Lynch for the reason indicated in the G-123 Notice. Filed by Defendants San Diegquito Union High School District, Robert Haley and Lucile Lynch, incorrectly named as Lucille Lynch. (Attorney Kennett L Patrick added to party Robert Haley(pty:dft), Attorney Kennett L Patrick added to party Lucille Lynch(pty:dft), Attorney Kennett L Patrick added to party San Dieguito Union High School District(pty:dft))(Patrick, Kennett)
November 12, 2021 Opinion or Order Filing 160 MINUTE (IN CHAMBERS) ORDER SETTING STATUS CONFERENCE by Magistrate Judge Pedro V. Castillo. The parties have informed the Court of their availability. Accordingly, the Court ORDERS as follows: the status conference required by the District Judge shall be held via Zoom on Wednesday, November 17, 2021 at 9:30 a.m. The parties shall email a joint agenda to Judge Castillo's chambers email address at PVC_chambers@cacd.uscourts.gov by noon on Monday, November 15, 2021. (see document for further details) (hr)
November 10, 2021 Opinion or Order Filing 159 MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: Pursuant to the Stipulation by Plaintiff, Defendant Pasadena Unified School District, andDefendant Dr. Brian McDonald to Dismiss #158 and Federal Rule of Civil Procedure 41(a)(1)(A)(ii), IT IS HEREBY ORDERED that Defendants Pasadena Unified School District and Dr. Brian McDonald are DISMISSED from this action WITH PREJUDICE. (lc)
November 9, 2021 Opinion or Order Filing 158 First STIPULATION to Dismiss PASADENA UNIFIED SCHOOL DISTRICT, DR. BRIAN McDONALD, SUPERINTENDENT Pasadena Unified School District filed by Defendant Pasadena Unified School District. (Attachments: #1 (PROPOSED) ORDER ON STIPULATION TO DISMISS PASADENA UNIFIED SCHOOL DISTRICT AND DR. BRIAN McDONALD, Ed. FROM THIS ACTION AND ORDER OF DISMISSAL)(Doumanian, Nancy)
November 9, 2021 Opinion or Order Filing 157 CERTIFICATE of Interested Parties filed by Defendant Pasadena Unified School District, identifying PASADENA UNIFIED SCHOOL DISTRICT AND DR. BRIAN McDONALD, SUPERINTENDENT. (Attorney Nancy Prapion Doumanian added to party Pasadena Unified School District(pty:dft))(Doumanian, Nancy)
November 8, 2021 Opinion or Order Filing 156 MINUTES (IN CHAMBERS) by Judge Otis D. Wright, II: Earlier today, the Court held a Status Conference at which counsel for all parties appeared. Among other things, counsel reminded the court of a similar case pending in thisDistrict before Judge Wilson: Martinez v. Newsom, No. 5:20-cv-01796. Judge Wilson granted Defendants' motion to dismiss based on failure to exhaust administrative remedies, and Martinez appealed. Oral argument before the Ninth Circuit is set to be heard on December 6, 2021, as Appeal No. 20-56404. For good cause shown, the Court ORDERS the following. 1. The deadline for all Defendants to answer or otherwise respond to the Complaint is hereby SUSPENDED until further notice.2. Subject to the exception in #3, all motion practice is hereby STAYED. TheDecember 6, 2021 hearings on Plaintiffs' Motion for Preliminary Injunction and the Department of Education Defendants' Motion to Dismiss are both VACATED. Theassociated briefing deadlines for both motions are also VACATED. 3. Discovery, deadlines, and briefing for any motion for class certification is not stayed. Discovery may progress on the subject of class certification only. As discussed at the hearing, absent an additional showing, the deadline for moving for class certification is 120 days from the date the class complaint was filed.4. Plaintiffs are ORDERED TO SHOW CAUSE, in writing only, no later thanfourteen (14) days from the date of this Order, why the minor Plaintiffs in this case should be exempted from the guardian ad litem requirement. Plaintiffs' brief shall be no more than five (5) pages. Defendants may file a single, joint rebuttal of no more than five (5) pages, provided they do so no later than twenty-one (21) days from the date of this Order. 5. As discussed in further detail at the hearing, counsel for Defendants are ORDERED to meet and confer to discuss the selection of a committee of one or more liaisons torepresent Defendants when appearing at hearings, settlement conferences, and thelike. 6. Ms. Carne and Mr. Edelstein are ORDERED to contact Magistrate Judge Castillo as soon as possible to initiate discussions regarding the procedural and substantive matters in the case. The parties shall discuss with Judge Castillo, as soon as practicable, whether this case should be stayed pending the Ninth Circuits determination in Martinez v. Newsom on the issue of exhaustion of administrative remedies. The parties shall also endeavor to create a litigation timeline that provides for orderly litigation of the issues between now and the trial preparation phase. 7. No later than December 8, 2021, the parties shall file a Joint Status Report. The Report shall contain a draft proposed litigation plan indicating how the parties intend to order the litigation from now until the pre-trial phase. The Court expects the parties to have prepared a substantial draft plan by this date. The proposed plan shall also address whether the parties have stipulated to stay the case pending the Ninth Circuit's determination in Martinez v. Newsom. If the parties do not stipulate to a stay, the proposed plan should include a short statement by each side setting forth the reasonswhy the stay should or should not be placed. (lc)
November 8, 2021 Opinion or Order Filing 155 MINUTES OF Status Conference held before Judge Otis D. Wright, II: Case called, zoom appearances made. The Court confers with counsel re the case status. A detailed order will issue. Court Recorder: Court Smart. (lc)
November 4, 2021 Opinion or Order Filing 154 MINUTES (IN CHAMBERS) by Judge Otis D. Wright, II: Order DENYING Pro Hac Vice Applications #148 , #151 . On November 3, 2021, Attorney Bellantoni filed an application to appear pro hac vice in the Central District. Bellantoni asks for the Court to waive the requirement that local counsel be appointed. For all these reasons, the local counsel requirement will not be waived, and Attorney Bellantoni's pro hac vice applications are DENIED (SEE DOCUMENT FOR SPECIFICS). (Attorney terminated: Rory J. Bellantoni for Janine Angel, Erin Bebereia, Hannah Bell, Michele Florentz, Jessica Granados, Tina Gunn, Miranda Keck, Shushanik Khachaturian, Yvonne Chavez Lombardi, Tamara Lowder, Michael Martin, Jesse McFaddin, Megan Meier, Michelle Radich, Kerry Sarner, Leanna Wasco and Dana West) (lc) Modified on 11/4/2021 (lc).
November 3, 2021 Opinion or Order Filing 153 Notice of Appearance or Withdrawal of Counsel: for attorney Sydney Jordan Blaauw counsel for Defendants Patrick Kelly, Marian Kim-Phelps, Murrietta Valley Unified School District, Poway Unified School District. Adding Sydney J. Blaauw as counsel of record for Murrieta Valley Unified School District, Patrick Kelley, Poway Unified School District, and Dr. Marian Kim-Phelps for the reason indicated in the G-123 Notice. Filed by Defendants Murrieta Valley Unified School District, Patrick Kelley, Poway Unified School District, and Dr. Marian Kim-Phelps. (Attorney Sydney Jordan Blaauw added to party Patrick Kelly(pty:dft), Attorney Sydney Jordan Blaauw added to party Marian Kim-Phelps(pty:dft), Attorney Sydney Jordan Blaauw added to party Murrietta Valley Unified School District(pty:dft), Attorney Sydney Jordan Blaauw added to party Poway Unified School District(pty:dft))(Blaauw, Sydney)
November 3, 2021 Opinion or Order Filing 152 Notice of Appearance or Withdrawal of Counsel: for attorney Tracy Petznick Johnson counsel for Defendants Patrick Kelly, Marian Kim-Phelps, Murrietta Valley Unified School District, Poway Unified School District. Adding Tracy Petznick Johnson as counsel of record for Murrieta Valley Unified School District, Patrick Kelley, Poway Unified School District, and Dr. Marian Kim-Phelps for the reason indicated in the G-123 Notice. Filed by Defendants Murrieta Valley Unified School District, Patrick Kelley, Poway Unified School District, and Dr. Marian Kim-Phelps. (Attorney Tracy Petznick Johnson added to party Patrick Kelly(pty:dft), Attorney Tracy Petznick Johnson added to party Marian Kim-Phelps(pty:dft), Attorney Tracy Petznick Johnson added to party Murrietta Valley Unified School District(pty:dft), Attorney Tracy Petznick Johnson added to party Poway Unified School District(pty:dft))(Johnson, Tracy)
November 3, 2021 Opinion or Order Filing 151 APPLICATION of Non-Resident Attorney Rory J. Bellantoni to Appear Pro Hac Vice on behalf of Plaintiff Janine Angel (Pro Hac Vice Fee - $500.00 Previously Paid on 11/3/2021, Receipt No. 32261475) filed by Plaintiffs Janine Angel. (Attachments: #1 Proposed Order) (Carne, Charlotte)
November 3, 2021 Opinion or Order Filing 150 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Rory J. Bellantoni to Appear Pro Hac Vice on behalf of Plaintiff Janine Angel (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32261475) #148 . The following error(s) was/were found: Local Rule 83-2.1.3.3(a) Application not complete: state and/or federal courts to which the applicant has been admitted are not listed. Local Rule 83-2.1.3.3(b) Proposed order not attached. Other error(s) with document(s): New York State Bar admission not listed. (lt)
November 3, 2021 Opinion or Order Filing 149 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance, #147 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Appearance of Withdrawal of Counsel G123.. 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. (ak)
November 3, 2021 Opinion or Order Filing 148 APPLICATION of Non-Resident Attorney Rory J. Bellantoni to Appear Pro Hac Vice on behalf of Plaintiff Janine Angel (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32261475) filed by Plaintiffs Janine Angel. (Carne, Charlotte)
November 2, 2021 Opinion or Order Filing 147 NOTICE of Appearance filed by attorney Kelly Houle-Sandoval on behalf of Defendants Lamont Jackson, Cindy Marten, San Diego Unified School District (Attorney Kelly Houle-Sandoval added to party Lamont Jackson(pty:dft), Attorney Kelly Houle-Sandoval added to party Cindy Marten(pty:dft), Attorney Kelly Houle-Sandoval added to party San Diego Unified School District(pty:dft))(Houle-Sandoval, Kelly)
November 2, 2021 Opinion or Order Filing 146 Notice of Appearance or Withdrawal of Counsel: for attorney S Daniel Harbottle counsel for Defendants Patrick Kelly, Marian Kim-Phelps, Murrietta Valley Unified School District, Poway Unified School District. Adding S. Daniel Harbottle as counsel of record for Murrieta Valley Unified School District, Patrick Kelley, Poway Unified School District, and Dr. Marian Kim-Phelps for the reason indicated in the G-123 Notice. Filed by Defendants Murrieta Valley Unified School District, Patrick Kelley, Poway Unified School District, and Dr. Marian Kim-Phelps. (Attorney S Daniel Harbottle added to party Patrick Kelly(pty:dft), Attorney S Daniel Harbottle added to party Marian Kim-Phelps(pty:dft), Attorney S Daniel Harbottle added to party Murrietta Valley Unified School District(pty:dft), Attorney S Daniel Harbottle added to party Poway Unified School District(pty:dft))(Harbottle, S)
November 2, 2021 Opinion or Order Filing 145 Notice of Appearance or Withdrawal of Counsel: for attorney Sarah L W Sutherland counsel for Defendants Lamont Jackson, Cindy Marten, San Diego Unified School District. Adding Sarah L.W. Sutherland as counsel of record for Cindy Marten, Lamont Jackson, San Diego Unified School District for the reason indicated in the G-123 Notice. Filed by Defendant Cindy Marten, Lamont Jackson, San Diego Unified School District. (Attorney Sarah L W Sutherland added to party Lamont Jackson(pty:dft), Attorney Sarah L W Sutherland added to party Cindy Marten(pty:dft), Attorney Sarah L W Sutherland added to party San Diego Unified School District(pty:dft))(Sutherland, Sarah)
November 2, 2021 Opinion or Order Filing 144 MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: This Minute Order concerns the Status Conference to be held this coming Monday, November 8, 2021. The status conference will begin at 10:00 a.m. (rescheduled from a later time). Counsel for all parties are ordered to attend. The Court requests that the parties address the following topics, without limitation, at the upcoming Status Conference: (1) (for Plaintiff) Have all Defendants been served? (2) (for Plaintiff) Are all Proofs of Service on file for all Defendants? (3) (for Defendants) Who intends to answer? Who intends to move to dismiss? The parties are informed that joinders, especially joinders that purport to join in certainlegal issues while adding additional arguments, are highly disfavored, and the Court hopes that the parties motion efforts can be coordinated in a way that avoids an unnecessary multiplicity of motions and joinders and brings order and clarity to the parties' arguments. To that end: (4) (for Defendants) Do any of the Defendants intended motions to dismiss raise the same legal issue? If so, are any Defendants willing to coordinate their efforts and file joint motions on one or more legal issues? The Court is willing to increase page limits as an incentive for coordinating efforts in this manner. (5) Regarding the Motion for Preliminary Injunction, would the parties be willing to stipulate to (1) an amended 50-page motion brief; (2) a single, omnibus, 50-page opposition brief filed and joined by all Defendants who wish to oppose the Motion; and (3) a 30-page reply brief, all with appropriately revised filing deadlines? (6) Do the parties intend to file any other motions during this early stage of litigation? The Court will also engage the parties in initial discussions about the injunctive relief Plaintiffs seek. The Court will discuss with the parties the nature of the injunctive relief sought and whether it is appropriate to grant such relief on a statewide basis. The Court will help the parties begin to explore the possibility of coming to one or more agreements or settlements aimed at ensuring that the student Plaintiffs in this matter receive the free appropriate public education to which they are entitled. (lc)
November 2, 2021 Opinion or Order Filing 143 PROOF OF SERVICE Executed by Plaintiffs Janine Angel, upon Defendant Robert Haley served on 10/13/2021, answer due 11/19/2021. Service of the Summons and Complaint were executed upon Kennett Patrick in compliance with Federal Rules of Civil Procedure by method of service not specified.Original Summons NOT returned. , WAIVER OF SERVICE Returned Executed filed by Plaintiffs Janine Angel. upon Robert Haley waiver sent by Plaintiff on 10/13/2021, answer due 11/19/2021. Waiver of Service signed by Kennett Patrick. (Carne, Charlotte)
November 2, 2021 Opinion or Order Filing 142 COUNSEL ARE NOTIFIED, the ZOOM Status Conference set on November 8, 2021, will be HEARD at 10:00 a.m.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sce) TEXT ONLY ENTRY
November 1, 2021 Opinion or Order Filing 141 WAIVER OF SERVICE Returned Executed filed by Plaintiffs Janine Angel. upon Andre G. Alvarado waiver sent by Plaintiff on 10/13/2021, answer due 12/13/2021. Waiver of Service signed by David Salazar. (Carne, Charlotte)
October 27, 2021 Opinion or Order Filing 140 JOINDER in NOTICE OF MOTION AND MOTION to Dismiss Defendant Chris Essman, California Department of Education, Tony Thurmond #136 filed by Defendants Troy A. Brown, Kelly Dextraze, Matthew Gulbrandsen, Lincoln Unified School District, Live Oak Unified School District, San Joaquin County Office of Education. (Johnson, Jimmie)
October 27, 2021 Opinion or Order Filing 139 MINUTES (IN CHAMBERS) by Judge Otis D. Wright, II: Order GRANTING Ex Parte Application #138 ; Order SETTING Status Conference for November8, 2021 #134 ; Order CONTINUING Motion to Dismiss #136 and DESIGNATING Hearing Date for Additional Motions. The hearing on Plaintiffs' Motion forPreliminary Injunction (ECF No. 130) is ADVANCED to December 13, 2021 at 1:30 p.m. The hearing on Plaintiffs' Motion for Preliminary Injunction (ECF No. 130) is ADVANCED to December 13, 2021 at 1:30 p.m. Furthermore, the Court CONTINUES the hearing on the Motion to Dismiss filed by the Department Defendants (ECF No. 136) from November 29, 2021 to December 13, 2021 at 1:30 P.M. Briefing deadlines are also continued and are to be based on the later hearing date. The Court previously ordered that the deadline for all Defendants served by October 29, 2021, to answer or otherwise respond to the Complaint is November 19, 2021. (Min. Order, ECF No. 122.) The Court highly encourages any Defendant who intends to move to dismiss to wait to do so until after the November 8, 2021 Status Conference. The Court will extend the deadline to respond as appropriate. That said, any party who, prior to the November 8, 2021 Status Conference, files any motion to dismiss is ORDERED to schedule the hearing on their motion on December 13, 2021. (lc)
October 27, 2021 Opinion or Order Filing 138 EX PARTE APPLICATION to Shorten Time for Hearing on to December 13, 2021 filed by Defendant California Department of Education, Chris Essman, Tony Thurmond. (Attachments: #1 Memorandum Memorandum of Points and Authorities ISO Ex Parte Application to Change Hearing Date on Plaintiffs' Motion for Injunction Pursuant to Stipulation, #2 Declaration Declaration of Len Garfinkel ISO Ex Parte Application to Change Hearing Date on Plaintiff's Motion for Injunction Pursuant to Stipulation, #3 Exhibit Exhibit A. Stipulation to Change Hearing Date on Plaintiffs' Motion for Injunction, #4 Proposed Order [Proposed] Order Granting Ex Parte Application to Change Hearing Date on Plaintiff's Motion for Injunction Pursuant to Stipulation) (Garfinkel, Leonard)
October 26, 2021 Opinion or Order Filing 137 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: REQUEST for Hearing JOINT REQUEST FOR A STATUS CONFERENCE #134 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. MISSING proposed order. Other error(s) with document(s): As an alternative, prepare and e-file a formal Notice of Lodging, to be docketed only under its specific event: Notice of Lodging, to which the formal proposed order is submitted as Separate Attachment thereto. 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. (lc)
October 26, 2021 Opinion or Order Filing 136 NOTICE OF MOTION AND MOTION to Dismiss Defendant Chris Essman, California Department of Education, Tony Thurmond filed by Defendant Chris Essman, California Department of Education, Tony Thurmond. Motion set for hearing on 11/29/2021 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Memorandum Memorandum of Points and Authorities ISO of Motion to Dismiss of California Department of Education, Tony Thurmond and Chris Essman, #2 Request for Judicial Notice ISO of Motion to Dismiss California Department of Education, Tony Thurmond and Chris Essman, #3 Declaration Declaration of Len Garfinkel ISO Motion to Dismiss of California Department of Education, Tony Thurmond and Chris Essman, #4 Proposed Order [Proposed] Order Granting Motion to Dismiss of California Department of Education, Tony Thurmond and Chris Essman) (Garfinkel, Leonard)
October 26, 2021 Opinion or Order Filing 135 PROOF OF SERVICE Executed by Plaintiff Janine Angel, upon Defendant Cindy Marten served on 10/26/2021, answer due 12/27/2021. Service of the Summons and Complaint were executed upon the United States Attorneys Office by delivering a copy to Registered Agent. Executed upon the Attorney Generals Office of the United States by delivering a copy to Cindy Marten. Executed upon the officer agency or corporation by delivering a copy to Cindy Marten. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt NOT attached. (Carne, Charlotte)
October 25, 2021 Opinion or Order Filing 134 REQUEST for Hearing JOINT REQUEST FOR A STATUS CONFERENCE filed by DEFENDANTS Hesperia Unified School District. (Kang, Edward)
October 25, 2021 Opinion or Order Filing 133 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION for Preliminary Injunction re In-person Learning #130 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. Filer has indicated motion hearing to be conducted by "ZOOM LINK". Docket does not reflect any filing seeking zoom hearing, nor submitted with a proposed order; nor is there any standing order or minutes setting this motion for Zoom Link hearing by the Judge. 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. (lc)
October 22, 2021 Opinion or Order Filing 132 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Service of Summons and Complaint Returned Executed (30 day), #131 . The following error(s) was/were found: Incorrect document is attached to the docket entry. Incorrect event selected. Correct event to be used is: Service of Summons and Complaint Executed as to USA. 1) Incorrect document attached - the pdf is a Summons form not issued as to Cindy Marten, Deputy Secretary of the United States Department of Education. SEE ISSUED SUMMONS ON THE FIRST AMENDED COMPLAINT issued docket no. 126; 2) Missing actual executed proof of service of summons on the first amended complaint with required information. Please review FRCP re service of process on a Federal defendant 3) Incorrect event used as Service of Summons and Complaint Returned Executed (30 day) in that this specific event is for FREEDOM OF INFORMATION ACT cases, of which this case is not. Other error(s) with document(s): Note: To assist in a search for correct events, please use the "SEARCH" option for a "key word" to narrow the selection process. 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. (lc)
October 22, 2021 Opinion or Order Filing 131 PROOF OF SERVICE Executed Janine Angel, upon Plaintiff Cindy Marten served on 10/21/2021, answer due 11/22/2021. Service of the Summons and Complaint were NOT executed upon the United States Attorneys Office which was NOT served. The Attorney Generals Office of the United States was NOT served. The officer agency or corporation was NOT served. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt NOT attached. Original Summons NOT returned. (Carne, Charlotte)
October 22, 2021 Opinion or Order Filing 130 NOTICE OF MOTION AND MOTION for Preliminary Injunction re In-person Learning filed by Plaintiffs Janine Angel. Motion set for hearing on 12/20/2021 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Memorandum Memorandum of Points and Authorities, #2 Proposed Order Proposed Order Granting Motion) (Carne, Charlotte)
October 22, 2021 Opinion or Order Filing 129 Notice of Appearance or Withdrawal of Counsel: for attorney Domenic D Spinelli counsel for Defendants Kent Kern, San Juan Unified School District. Adding Jeffrey Chiao as counsel of record for Kent Kern and San Juan Unified School District for the reason indicated in the G-123 Notice. Filed by Defendants Kent Kern and San Juan Unified School District. (Spinelli, Domenic)
October 22, 2021 Opinion or Order Filing 128 Notice of Appearance or Withdrawal of Counsel: for attorney Domenic D Spinelli counsel for Defendants Kent Kern, San Juan Unified School District. Adding Domenic D. Spinelli as counsel of record for Kent Kern and San Juan Unified School District for the reason indicated in the G-123 Notice. Filed by Defendants Kent Kern and San Juan Unified School District. (Attorney Domenic D Spinelli added to party Kent Kern(pty:dft), Attorney Domenic D Spinelli added to party San Juan Unified School District(pty:dft))(Spinelli, Domenic)
October 21, 2021 Opinion or Order Filing 127 ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 21-01 (Related Case) filed. Transfer of case declined by Judge Stephen V. Wilson, for the reasons set forth on this order. Related Case No. 2:20-cv-06472 SVW(AFMx) (rn)
October 19, 2021 Opinion or Order Filing 126 60 DAY Summons Issued re FIRST Amended Complaint/Petition #62 as to defendant Cindy Marten, Deputy Secretary of the United States Department of Education. (lc)
October 18, 2021 Opinion or Order Filing 125 Notice of Appearance or Withdrawal of Counsel: for attorney Leonard Bruce Garfinkel counsel for Defendants California Department of Education, Chris Essman, Tony Thurmond. Adding Len Garfinkel as counsel of record for California Department of Education, Tony Thurmond, Chris Essman for the reason indicated in the G-123 Notice. Filed by Defendant California Department of Education, Tony Thurmond and Chris Essman. (Attorney Leonard Bruce Garfinkel added to party California Department of Education(pty:dft), Attorney Leonard Bruce Garfinkel added to party Chris Essman(pty:dft), Attorney Leonard Bruce Garfinkel added to party Tony Thurmond(pty:dft))(Garfinkel, Leonard)
October 18, 2021 Opinion or Order Filing 124 Request for Clerk to Issue Summons on Amended Complaint/Petition #62 filed by Plaintiffs Janine Angel. (Attachments: #1 Exhibit)(Carne, Charlotte)
October 14, 2021 Opinion or Order Filing 123 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance or Withdrawal of Counsel (G-123),,,, #116 , Notice of Appearance or Withdrawal of Counsel (G-123),,,, #115 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Appearance. 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. (ak)
October 14, 2021 Opinion or Order Filing 122 MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: ORDER SETTING UNIVERSAL ANSWER DEADLINE FOR ALL DEFENDANTS SERVED BY OCTOBER 29, 2021 #120 . Court ORDERS that the deadline for ALL DEFENDANTS who have been served as of today' s date to answer or otherwise respond to the Complaint is November 19, 2021. The Court further ORDERS Plaintiffs to make all reasonable efforts to serve all Defendants in this matter by October 29, 2021. Any Defendant who is not yet served and who is served no later than October 29, 2021 shall also have until November 19, 2021 to respond. These deadlines shall supersede any deadline otherwise provided by prior orders or applicable rules. Plaintiffs shall immediately serve a hard copy and an electronic copy of this MinuteOrder on all parties who have yet to appear via CM/ECF in this matter. For parties who have not yet been served, Plaintiffs shall serve a copy of this Minute Order along with service of the Summons and Complaint. (lc)
October 14, 2021 Opinion or Order Filing 121 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance #113 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Appearance of Withdrawal of Counsel G123.. 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. (ak)
October 14, 2021 Opinion or Order Filing 120 STIPULATION for Extension of Time to File Response filed by Defendant Gavin Newsom. (Attachments: #1 Proposed Order Proposed Order Re Stipulation for Extension of Time To Respond to First Amended Proposed Class Action Complaint and Request for Automatic and Preliminary Injunction)(Attorney Andrew Zachary Edelstein added to party Gavin Newsom(pty:dft))(Edelstein, Andrew)
October 14, 2021 Opinion or Order Filing 119 MINUTES (IN CHAMBERS) by Judge Otis D. Wright, II: Order GRANTING WITH MODIFICATION Lake Elsinore District Defendants' Request to extend the deadline to file their Answer #117 Court GRANTS the Request WITH MODIFICATION and ORDERS that the deadline for Lake Elsinore District Defendants to respond to the Complaint in this matter is November 5, 2021. The October 19, 2021 hearing on the Request is VACATED. (Counsel is reminded to review the Local Rules, ODW Courtroom Rules, and any case management orders issued in this case, as hearings in this Courtroom happen only on Mondays and must be scheduled at least 28 days out from the date the motion is filed.) (lc)
October 14, 2021 Opinion or Order Filing 118 STIPULATION Extending Time to Answer the complaint as to Lake Elsinore Unified School District answer now due 11/15/2021; Doug Kimberly answer now due 11/15/2021, filed by Defendant Lake Elsinore Unified School District; Doug Kimberly.(DeMaria, Anthony)
October 14, 2021 Opinion or Order Filing 117 REQUEST for Extension of Time to File Responsive Pleading to Plaintiff's First Amended Complaint filed by Defendant Doug Kimberly, Lake Elsinore Unified School District. Request set for hearing on 10/19/2021 at 10:00 AM before Judge Otis D. Wright II. (Attachments: #1 Declaration of Anthony N. DeMaria, #2 Proposed Order Granting Request for Extension of Time, #3 Exhibit Exhibit "A" to the Declaration of Anthony N. DeMaria, #4 Exhibit Exhibit "B" to the Declaration of Anthony N. DeMaria, #5 Exhibit Exhibit "C" to the Declaration of Anthony N. DeMaria, #6 Exhibit Exhibit "D" to the Declaration of Anthony N. DeMaria, #7 Exhibit Exhibit "E" to the Declaration of Anthony N. DeMaria, #8 Exhibit Exhibit "F" to the Declaration of Anthony N. DeMaria) (Attorney Anthony Nicholas DeMaria added to party Doug Kimberly(pty:dft), Attorney Anthony Nicholas DeMaria added to party Lake Elsinore Unified School District(pty:dft)) (DeMaria, Anthony)
October 13, 2021 Opinion or Order Filing 116 Notice of Appearance or Withdrawal of Counsel: for attorney Jimmie Emile Johnson counsel for Defendants Troy A. Brown, Kelly Dextraze, Matthew Gulbrandsen, Lincoln Unified School District, Live Oak Unified School District, San Joaquin County Office of Education. Adding Jimmie E. Johnson as counsel of record for Live Oak Unified School District, Matthew Gulbrandsen, San Joaquin County Office of Education, Troy Brown, Lincoln Unified School District, Kelly Dextraze for the reason indicated in the G-123 Notice. Filed by Defendants Live Oak Unified School District, Matthew Gulbrandsen, San Joaquin County Office of Education, Troy Brown, Lincoln Unified School District, Kelly Dextraze. (Attorney Jimmie Emile Johnson added to party Troy A. Brown(pty:dft), Attorney Jimmie Emile Johnson added to party Kelly Dextraze(pty:dft), Attorney Jimmie Emile Johnson added to party Matthew Gulbrandsen(pty:dft), Attorney Jimmie Emile Johnson added to party Lincoln Unified School District(pty:dft), Attorney Jimmie Emile Johnson added to party Live Oak Unified School District(pty:dft), Attorney Jimmie Emile Johnson added to party San Joaquin County Office of Education(pty:dft))(Johnson, Jimmie)
October 13, 2021 Opinion or Order Filing 115 Notice of Appearance or Withdrawal of Counsel: for attorney Louis A Leone counsel for Defendants Troy A. Brown, Kelly Dextraze, Matthew Gulbrandsen, Lincoln Unified School District, Live Oak Unified School District, San Joaquin County Office of Education. Adding Louis A. Leone, Esq. as counsel of record for Live Oak Unified School District, Matthew Gulbrandsen, San Joaquin County Office of Education, Troy Brown, Lincoln Unified School District, Kelly Dextraze for the reason indicated in the G-123 Notice. Filed by Defendants Live Oak Unified School District, Matthew Gulbrandsen, San Joaquin County Office of Education, Troy Brown, Lincoln Unified School District, Kelly Dextraze. (Attorney Louis A Leone added to party Troy A. Brown(pty:dft), Attorney Louis A Leone added to party Kelly Dextraze(pty:dft), Attorney Louis A Leone added to party Matthew Gulbrandsen(pty:dft), Attorney Louis A Leone added to party Lincoln Unified School District(pty:dft), Attorney Louis A Leone added to party Live Oak Unified School District(pty:dft), Attorney Louis A Leone added to party San Joaquin County Office of Education(pty:dft))(Leone, Louis)
October 13, 2021 Opinion or Order Filing 114 STIPULATION Extending Time to Answer the complaint as to Fresno Central Unified School District answer now due 11/5/2021, re Amended Complaint/Petition #62 , Service of Summons and Complaint Returned Executed (21 days), #88 filed by Defendant Fresno Central Unified School District.(Salazar, David)
October 13, 2021 Opinion or Order Filing 113 NOTICE of Appearance filed by attorney David Salazar on behalf of Defendant Fresno Central Unified School District (Attorney David Salazar added to party Fresno Central Unified School District(pty:dft))(Salazar, David)
October 12, 2021 Opinion or Order Filing 112 Joint STIPULATION Extending Time to Answer the complaint as to Roxanne Fuentes answer now due 11/5/2021; Capistrano School District answer now due 11/5/2021; Kirsten M. Vital Brulte answer now due 11/5/2021; Berryessa Union School District answer now due 11/5/2021; Troy A. Brown answer now due 11/5/2021; California Department of Education answer now due 11/5/2021; Chino Unified School District answer now due 11/5/2021; Conejo Valley Unified School District answer now due 11/5/2021; Kelly Dextraze answer now due 11/5/2021; Norm Enfield answer now due 11/5/2021; Chris Essman answer now due 11/5/2021; Matthew Gulbrandsen answer now due 11/5/2021; Robert Haley answer now due 11/5/2021; Hesperia Unified School District answer now due 11/5/2021; Patrick Kelly answer now due 11/5/2021; Marian Kim-Phelps answer now due 11/5/2021; Lincoln Unified School District answer now due 11/5/2021; Live Oak Unified School District answer now due 11/5/2021; Lucille Lynch answer now due 11/5/2021; Mark W. McLaughlin answer now due 11/5/2021; Murrietta Valley Unified School District answer now due 11/5/2021; David Olney answer now due 11/5/2021; Poway Unified School District answer now due 11/5/2021; San Dieguito Union High School District answer now due 11/5/2021; San Joaquin County Office of Education answer now due 11/5/2021; Tony Thurmond answer now due 11/5/2021, re Amended Complaint/Petition #62 filed by Defendants Roxanne Fuentes; Capistrano School District; Kirsten M. Vital Brulte; Berryessa Union School District.(Attorney Marlon C Wadlington added to party Berryessa Union School District(pty:dft), Attorney Marlon C Wadlington added to party Capistrano School District(pty:dft), Attorney Marlon C Wadlington added to party Roxanne Fuentes(pty:dft), Attorney Marlon C Wadlington added to party Kirsten M. Vital Brulte(pty:dft))(Wadlington, Marlon)
October 11, 2021 Opinion or Order Filing 111 PROOF OF SERVICE Executed by Plaintiff Janine Angel, upon Defendant Lucille Lynch served on 9/23/2021, answer due 10/14/2021. Service of the Summons and Complaint were executed upon Lucille Lynch in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Carne, Charlotte)
October 11, 2021 Opinion or Order Filing 110 PROOF OF SERVICE Executed by Plaintiff Janine Angel, upon Defendant Tony Thurmond served on 9/28/2021, answer due 10/19/2021. Service of the Summons and Complaint were executed upon Tony Thurmond in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Carne, Charlotte)
October 11, 2021 Opinion or Order Filing 109 PROOF OF SERVICE Executed by Plaintiff Janine Angel, upon Defendant San Juan Unified School District served on 9/27/2021, answer due 10/18/2021. Service of the Summons and Complaint were executed upon San Juan Unified School District in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Carne, Charlotte)
October 11, 2021 Opinion or Order Filing 108 PROOF OF SERVICE Executed by Plaintiff Janine Angel, upon Defendant San Joaquin County Office of Education served on 9/23/2021, answer due 10/14/2021. Service of the Summons and Complaint were executed upon San Joaquin County Office of Education of in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Carne, Charlotte)
October 11, 2021 Opinion or Order Filing 107 PROOF OF SERVICE Executed by Plaintiff Janine Angel, upon Defendant San Dieguito Union High School District served on 9/23/2021, answer due 10/14/2021. Service of the Summons and Complaint were executed upon San Dieguito Union High School District in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Carne, Charlotte)
October 11, 2021 Opinion or Order Filing 106 PROOF OF SERVICE Executed by Plaintiff Janine Angel, upon Defendant San Diego Unified School District served on 9/23/2021, answer due 10/14/2021. Service of the Summons and Complaint were executed upon San Diego Unified School District in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Carne, Charlotte)
October 11, 2021 Opinion or Order Filing 105 PROOF OF SERVICE Executed by Plaintiff Janine Angel, upon Defendant Roxanne Fuentes served on 9/25/2021, answer due 10/18/2021. Service of the Summons and Complaint were executed upon Roxanne Fuentes in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Carne, Charlotte)
October 11, 2021 Opinion or Order Filing 104 PROOF OF SERVICE Executed by Plaintiff Janine Angel, upon Defendant Poway Unified School District served on 9/23/2021, answer due 10/14/2021. Service of the Summons and Complaint were executed upon Poway Unified School District in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Carne, Charlotte)
October 11, 2021 Opinion or Order Filing 103 PROOF OF SERVICE Executed by Plaintiff Janine Angel, upon Defendant Patrick Kelly served on 9/23/2021, answer due 10/14/2021. Service of the Summons and Complaint were executed upon Patrick Kelley in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Carne, Charlotte)
October 11, 2021 Opinion or Order Filing 102 PROOF OF SERVICE Executed by Plaintiff Janine Angel, upon Defendant Pasadena Unified School District served on 9/27/2021, answer due 10/18/2021. Service of the Summons and Complaint were executed upon Pasedena Unified School District in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Carne, Charlotte)
October 11, 2021 Opinion or Order Filing 101 PROOF OF SERVICE Executed by Plaintiff Janine Angel, upon Defendant Murrietta Valley Unified School District served on 9/23/2021, answer due 10/14/2021. Service of the Summons and Complaint were executed upon Murrietta Valley Unified School District in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Carne, Charlotte)
October 11, 2021 Opinion or Order Filing 100 PROOF OF SERVICE Executed by Plaintiff Janine Angel, upon Defendant Matthew Gulbrandsen served on 9/22/2021, answer due 10/13/2021. Service of the Summons and Complaint were executed upon Matthew Gulbrandsen in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Carne, Charlotte)
October 11, 2021 Opinion or Order Filing 99 PROOF OF SERVICE Executed by Plaintiff Janine Angel, upon Defendant Matt Hill served on 10/4/2021, answer due 10/25/2021. Service of the Summons and Complaint were executed upon Matt Hill in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Carne, Charlotte)
October 11, 2021 Opinion or Order Filing 98 PROOF OF SERVICE Executed by Plaintiff Janine Angel, upon Defendant Mark W. McLaughlin served on 9/27/2021, answer due 10/18/2021. Service of the Summons and Complaint were executed upon Mark W. McLaughlin in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Carne, Charlotte)
October 11, 2021 Opinion or Order Filing 97 PROOF OF SERVICE Executed by Plaintiff Janine Angel, upon Defendant Los Angeles Unified School District served on 9/28/2021, answer due 10/19/2021. Service of the Summons and Complaint were executed upon Los Angeles Unified School District in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Carne, Charlotte)
October 11, 2021 Opinion or Order Filing 96 PROOF OF SERVICE Executed by Plaintiff Janine Angel, upon Defendant Lincoln Unified School District served on 9/22/2021, answer due 10/13/2021. Service of the Summons and Complaint were executed upon Lincoln Unified School District in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Carne, Charlotte)
October 11, 2021 Opinion or Order Filing 95 PROOF OF SERVICE Executed by Plaintiff Janine Angel, upon Defendant Lamont Jackson served on 9/23/2021, answer due 10/14/2021. Service of the Summons and Complaint were executed upon Lamont A. Jackson in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Carne, Charlotte)
October 11, 2021 Opinion or Order Filing 94 PROOF OF SERVICE Executed by Plaintiff Janine Angel, upon Defendant Lake Elsinore Unified School District served on 9/23/2021, answer due 10/14/2021. Service of the Summons and Complaint were executed upon Lake Elsinore Unified School District in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Carne, Charlotte)
October 11, 2021 Opinion or Order Filing 93 PROOF OF SERVICE Executed by Plaintiff Janine Angel, upon Defendant Kirsten M. Vital Brulte served on 9/23/2021, answer due 10/14/2021. Service of the Summons and Complaint were executed upon Kirsten M. Vitale Brulte in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Carne, Charlotte)
October 11, 2021 Opinion or Order Filing 92 PROOF OF SERVICE Executed by Plaintiff Janine Angel, upon Defendant Kent Kern served on 9/27/2021, answer due 10/18/2021. Service of the Summons and Complaint were executed upon Kent Kern in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Carne, Charlotte)
October 11, 2021 Opinion or Order Filing 91 PROOF OF SERVICE Executed by Plaintiff Janine Angel, upon Defendant Kelly Dextraze served on 9/22/2021, answer due 10/13/2021. Service of the Summons and Complaint were executed upon Kelly Dextraze in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Carne, Charlotte)
October 11, 2021 Opinion or Order Filing 90 PROOF OF SERVICE Executed by Plaintiff Janine Angel, upon Defendant Hesperia Unified School District served on 9/28/2021, answer due 10/19/2021. Service of the Summons and Complaint were executed upon Hesperia Unified School District in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Carne, Charlotte)
October 11, 2021 Opinion or Order Filing 89 PROOF OF SERVICE Executed by Plaintiff Janine Angel, upon Defendant Gavin Newsom served on 9/29/2021, answer due 10/20/2021. Service of the Summons and Complaint were executed upon Gavin Newsom in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Carne, Charlotte)
October 11, 2021 Opinion or Order Filing 88 PROOF OF SERVICE Executed by Plaintiff Janine Angel, upon Defendant Fresno Central Unified School District served on 9/22/2021, answer due 10/13/2021. Service of the Summons and Complaint were executed upon Fresno Unified School District in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Carne, Charlotte)
October 11, 2021 Opinion or Order Filing 87 PROOF OF SERVICE Executed by Plaintiff Janine Angel, upon Defendant Marian Kim-Phelps served on 9/23/2021, answer due 10/14/2021. Service of the Summons and Complaint were executed upon Dr. Marian Kim Phelps in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Carne, Charlotte)
October 11, 2021 Opinion or Order Filing 86 PROOF OF SERVICE Executed by Plaintiff Janine Angel, upon Defendant David Olney served on 9/28/2021, answer due 10/19/2021. Service of the Summons and Complaint were executed upon David Olney in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Carne, Charlotte)
October 11, 2021 Opinion or Order Filing 85 PROOF OF SERVICE Executed by Plaintiff Janine Angel, upon Defendant Cindy Marten served on 9/24/2021, answer due 10/15/2021. Service of the Summons and Complaint were executed upon Cindy Marten in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Carne, Charlotte)
October 11, 2021 Opinion or Order Filing 84 PROOF OF SERVICE Executed by Plaintiff Janine Angel, upon Defendant Chris Essman served on 9/28/2021, answer due 10/19/2021. Service of the Summons and Complaint were executed upon Chris Essman in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Carne, Charlotte)
October 11, 2021 Opinion or Order Filing 83 PROOF OF SERVICE Executed by Plaintiff Janine Angel, upon Defendant Chino Unified School District served on 9/28/2021, answer due 10/19/2021. Service of the Summons and Complaint were executed upon Chino Valley Unified School District in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Carne, Charlotte)
October 11, 2021 Opinion or Order Filing 82 PROOF OF SERVICE Executed by Plaintiff Janine Angel, upon Defendant Capistrano School District served on 9/23/2021, answer due 10/14/2021. Service of the Summons and Complaint were executed upon Capistrano Unified School District in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Carne, Charlotte)
October 11, 2021 Opinion or Order Filing 81 PROOF OF SERVICE Executed by Plaintiff Janine Angel, upon Defendant Burbank Unified School District served on 10/4/2021, answer due 10/25/2021. Service of the Summons and Complaint were executed upon Burbank Unified School District in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Carne, Charlotte)
October 11, 2021 Opinion or Order Filing 80 PROOF OF SERVICE Executed by Plaintiff Janine Angel, upon Defendant Berryessa Union School District served on 9/25/2021, answer due 10/18/2021. Service of the Summons and Complaint were executed upon Berryessa Union School District in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Carne, Charlotte)
October 11, 2021 Opinion or Order Filing 79 PROOF OF SERVICE Executed by Plaintiff Janine Angel, upon Defendant Austin Buetner served on 9/28/2021, answer due 10/19/2021. Service of the Summons and Complaint were executed upon Austin Beutner in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Carne, Charlotte)
October 11, 2021 Opinion or Order Filing 78 PROOF OF SERVICE Executed by Plaintiff Janine Angel, upon Defendant Andre G. Alvarado served on 9/22/2021, answer due 10/13/2021. Service of the Summons and Complaint were executed upon Andrew G. Alvarado in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Carne, Charlotte)
October 5, 2021 Opinion or Order Filing 77 NOTICE of Related Case(s) filed by DEFENDANTS Hesperia Unified School District. Chino Valley Unified School District, David Olney and Norm Enfield Related Case(s): 2:20-cv-06472-SVW-AFM; 5:20-cv-01796-SVW-AFM (Kang, Edward)
October 5, 2021 Opinion or Order Filing 76 NOTICE NOTICE OF PENDENCY OF OTHER ACTIONS OR PROCEEDINGS filed by DEFENDANTS Hesperia Unified School District. Chino Valley Unified School District, David Olney and Norm Enfield (Kang, Edward)
October 5, 2021 Opinion or Order Filing 75 Notice of Appearance or Withdrawal of Counsel: for attorney Edward B Kang counsel for Defendant Hesperia Unified School District. Adding Edward B. Kang as counsel of record for Defendants Hesperia Unified School District, Chino Valley Unified School District, David Olney and Norm Enfield for the reason indicated in the G-123 Notice. Filed by Defendants Defendants. (Attorney Edward B Kang added to party Hesperia Unified School District(pty:dft))(Kang, Edward)
September 29, 2021 Opinion or Order Filing 74 MINUTE ORDER (In Chambers): by Judge Otis D. Wright, II. In response to the Court's most recent Order to Show Cause (ECF No. 72), Plaintiffs, through their counsel, "reiterate their desire to file an oversized brief." (Resp. Order to Show Cause (Resp.) 12, ECF No. #73 .) Counsel's Response fails to address why Plaintiffs' second ex parte application did not include the showings required for any sort of ex parte relief in the Central District of California as previously outlined by the Court in its September 22, 2021 Minute Order. (ECF No. #70 .) The Court DISCHARGES its September 27, 2021 Order to Show Cause. (ECF No. #72 .) That said, any future ex parte page limitation application that fails to argue that there is an exigency i.e., that Plaintiffs' page limitation request should get priority over other pending motions will be sanctioned without further notice. Moreover, any future page limitation application brought without notice to Defendants and without expressly stating why Defendants should not have an opportunity to oppose the page limit increase will be similarly sanctioned. See minute order for details. (lom)
September 28, 2021 Opinion or Order Filing 73 RESPONSE filed by Plaintiff Janine Angelto Order on Motion for Leave to File Excess Pages,,,, #72 (Carne, Charlotte)
September 27, 2021 Opinion or Order Filing 72 MINUTES (In Chambers): by Judge Otis D. Wright, II. After the Court denied Plaintiffs' first ex parte application (ECF No. 70), Plaintiffs filed a second ex parte application seeking permission to file a seventy-seven-page brief in support of their preliminary injunction motion. (Second Ex Parte Appl. (Second Appl.), ECF No. #71 .) Plaintiffs' second ex parte application contains more exhibits than the first, but the memorandum of points and authorities is substantially the same, and the second application continues to fail to address the two deficiencies the Court previously described. The analysis from the Court's September 21, 2021 Minute Order (ECF No. 70) is incorporated by reference herein, and the ex parte application is DENIED. Accordingly, Plaintiffs are ORDERED to SHOW CAUSE, in writing only, no later than October 4, 2021, why a monetary sanction of at least $500 should not be imposed on Plaintiffs counsel for abuse of the ex parte mechanism. See minute order for details. (lom)
September 27, 2021 Opinion or Order Filing 71 EX PARTE APPLICATION to Exceed Page Limitation Memorandum of Points and Authorities in Support of Motion for Automatic and Preliminary Injunction filed by Plaintiffs Janine Angel. (Attachments: #1 Exhibit Notice of Motion for Automatic and Preliminary Injunction, #2 Exhibit Memorandum of Points and Authorities in Support of Motion for Automatic and Preliminary Injunction, #3 Proposed Order Proposed Order Granting Ex Parte Application, #4 Proposed Order Proposed Order Granting Motion for Automatic and Preliminary Injunction, #5 Exhibit Exhibit 1 to Motion for Automatic and Preliminary Injunction, #6 Exhibit Exhibits 2 to Motion for Automatic and Preliminary Injunction) (Carne, Charlotte)
September 22, 2021 Opinion or Order Filing 70 MINUTES (IN CHAMBERS) by Judge Otis D. Wright, II: Plaintiffs filed an ex parte application seeking permission to file a seventy-seven-page brief in support of their preliminary injunction motion #68 . The Court DENIES Plaintiffs' ex parte application without prejudice to filing a properlysupported ex parte application or a motion with formal notice to the Defendants. (lc)
September 21, 2021 Opinion or Order Filing 69 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: EX PARTE APPLICATION to Exceed Page Limitation Memorandum of Points and Authorities in Support of Motion for Automatic and Preliminary Injunction #68 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. Missing Proposed ex parte order. Other error(s) with document(s): As an alternative, prepare and e-file a formal Notice of Lodging, to be docketed only under its specific event: Notice of Lodging, to which the formal proposed order is submitted as Separate Attachment thereto. 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. (lc)
September 21, 2021 Opinion or Order Filing 68 EX PARTE APPLICATION to Exceed Page Limitation Memorandum of Points and Authorities in Support of Motion for Automatic and Preliminary Injunction filed by Plaintiffs Janine Angel. (Attachments: #1 Exhibit) (Carne, Charlotte)
September 21, 2021 Opinion or Order Filing 67 RESPONSE filed by Plaintiff Janine Angelto Minutes of In Chambers Order/Directive - no proceeding held,,, #66 (Carne, Charlotte)
September 16, 2021 Opinion or Order Filing 66 MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: Response by the Court to Notice to Filer of Deficiencies in Electronically Filed Documents re: Deficiency in Attorney Case Opening - optional html form #11 . In accordance with the Clerk's Notice to Filer of Deficiencies in Electronically Filed Documents regarding ECF No. 1, IT IS HEREBY ORDERED: 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 171. Counsel must file a Petition for the Appointment of a Guardian Ad Litem no later than September 21, 2021A 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 171. Counsel must file a Petition for the Appointment of a Guardian Ad Litem no later than September 21, 2021. (lc) Modified on 9/16/2021 (lc).
September 16, 2021 Opinion or Order Filing 65 21 DAY Summons Issued re FIRST AMENDED COMPLAINT #62 as to defendants Andre G. Alvarado, Berryessa Union School District, Troy A. Brown, Austin Buetner, Burbank Unified School District, California Department of Education, Capistrano School District, Chino Unified School District, Conejo Valley Unified School District, Kelly Dextraze, Norm Enfield, Chris Essman, Fresno Central Unified School District, Roxanne Fuentes, Matthew Gulbrandsen, Robert Haley, Hesperia Unified School District, Matt Hill, Lamont Jackson, Miranda Keck, Patrick Kelly, Kent Kern, Marian Kim-Phelps, Doug Kimberly, Lake Elsinore Unified School District, Lincoln Unified School District, Live Oak Unified School District, Los Angeles Unified School District, Cindy Marten, Brian McDonald, Mark W. McLaughlin, Murrietta Valley Unified School District, Gavin Newsom, David Olney, Pasadena Unified School District, Poway Unified School District, San Diego Unified School District, San Dieguito Union High School District, San Joaquin County Office of Education, San Juan Unified School District, Tony Thurmond, Kirsten M. Vital Brulte. (lc) Modified on 9/16/2021 (lc).
September 16, 2021 Opinion or Order Filing 64 ORDER by Judge Otis D. Wright, II: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Complaint (Attorney Civil Case Opening) #16 , for the following reasons: Comply with instructions on discrepancy doc no 60. (lc)
September 16, 2021 Opinion or Order Filing 63 Request for Clerk to Issue Summons on Amended Complaint/Petition #62 filed by Plaintiffs Janine Angel. (Attachments: #1 Exhibit, #2 Exhibit)(Carne, Charlotte)
September 16, 2021 Opinion or Order Filing 62 First AMENDED COMPLAINT against Defendants All Plaintiffs amending Complaint (Attorney Civil Case Opening) #16 , Complaint (Attorney Civil Case Opening), #1 , filed by Plaintiffs Janine Angel(Carne, Charlotte)
September 16, 2021 Opinion or Order Filing 61 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #18 , Summons Request #19 , Summons Request #20 , Summons Request #21 , Summons Request #22 , Summons Request #23 , Summons Request #24 , Summons Request #25 , Summons Request #26 , Summons Request #27 , Summons Request #28 , Summons Request #29 , Summons Request #30 , Summons Request #31 , Summons Request #32 , Summons Request #57 , Summons Request #30 , Summons Request #51 , Summons Request #33 , Summons Request #34 , Summons Request #35 , Summons Request #36 , Summons Request #37 , Summons Request #38 , Summons Request #39 , Summons Request #40 , Summons Request #41 , Summons Request #42 , Summons Request #43 , Summons Request #44 , Summons Request #45 , Summons Request #46 , Summons Request #47 , Summons Request #48 , Summons Request #49 , Summons Request #50 , Summons Request #51 , Summons Request #52 , Summons Request #53 , Summons Request #54 , Summons Request #55 , Summons Request #56 , Summons Request #57 , Summons Request #58 , Summons Request #59 . The following error(s) was found: The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write see attached.Next, attach a face page of the complaint or a second page addendum to the Summons. No et als permitted on caption which has to match the initiating document. NOTE: A deficiency notice was issued re filers incorrect event in filing of a "6th Complaint" when the filing was a First Amended Complaint. Pending Court's Response, if the summons is re a first amended complaint... Filer must indicate on the Summons form "ON THE FIRST AMENDED COMPLAINT".. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (lc)
September 16, 2021 Opinion or Order Filing 60 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Complaint (Attorney Civil Case Opening) #16 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: AMENDED COMPLAINT. Due to incorrect event, this case docket has 6 Erroneous Complaints ( of which some were only exhibits to complaints at time of case opening). This current filing entitled First Amended Complaint and its exhibits. Other error(s) with document(s): Note: To assist in a search for correct events, please use the "SEARCH" option for a "key word" to narrow the selection process. 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. (lc)
September 15, 2021 Opinion or Order Filing 59 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #16 filed by Plaintiffs Janine Angel. (Carne, Charlotte)
September 15, 2021 Opinion or Order Filing 58 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #16 filed by Plaintiffs Janine Angel. (Carne, Charlotte)
September 15, 2021 Opinion or Order Filing 57 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #16 filed by Plaintiffs Janine Angel. (Carne, Charlotte)
September 15, 2021 Opinion or Order Filing 56 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #16 filed by Plaintiffs Janine Angel. (Carne, Charlotte)
September 15, 2021 Opinion or Order Filing 55 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #16 filed by Plaintiffs Janine Angel. (Carne, Charlotte)
September 15, 2021 Opinion or Order Filing 54 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #16 filed by Plaintiffs Janine Angel. (Carne, Charlotte)
September 15, 2021 Opinion or Order Filing 53 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #16 filed by Plaintiffs Janine Angel. (Carne, Charlotte)
September 15, 2021 Opinion or Order Filing 52 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #16 filed by Plaintiffs Janine Angel. (Carne, Charlotte)
September 15, 2021 Opinion or Order Filing 51 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #16 filed by Plaintiffs Janine Angel. (Carne, Charlotte)
September 15, 2021 Opinion or Order Filing 50 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #16 filed by Plaintiffs Janine Angel. (Carne, Charlotte)
September 15, 2021 Opinion or Order Filing 49 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #16 filed by Plaintiffs Janine Angel. (Carne, Charlotte)
September 15, 2021 Opinion or Order Filing 48 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #16 filed by Plaintiffs Janine Angel. (Carne, Charlotte)
September 15, 2021 Opinion or Order Filing 47 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #16 filed by Plaintiffs Janine Angel. (Carne, Charlotte)
September 15, 2021 Opinion or Order Filing 46 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #16 filed by Plaintiffs Janine Angel. (Carne, Charlotte)
September 15, 2021 Opinion or Order Filing 45 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #16 filed by Plaintiffs Janine Angel. (Carne, Charlotte)
September 15, 2021 Opinion or Order Filing 44 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #16 filed by Plaintiffs Janine Angel. (Carne, Charlotte)
September 15, 2021 Opinion or Order Filing 43 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #16 filed by Plaintiffs Janine Angel. (Carne, Charlotte)
September 15, 2021 Opinion or Order Filing 42 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #16 filed by Plaintiffs Janine Angel. (Carne, Charlotte)
September 15, 2021 Opinion or Order Filing 41 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #16 filed by Plaintiffs Janine Angel. (Carne, Charlotte)
September 15, 2021 Opinion or Order Filing 40 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #16 filed by Plaintiffs Janine Angel. (Carne, Charlotte)
September 15, 2021 Opinion or Order Filing 39 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #16 filed by Plaintiffs Janine Angel. (Carne, Charlotte)
September 15, 2021 Opinion or Order Filing 38 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #16 filed by Plaintiffs Janine Angel. (Carne, Charlotte)
September 15, 2021 Opinion or Order Filing 37 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #16 filed by Plaintiffs Janine Angel. (Carne, Charlotte)
September 15, 2021 Opinion or Order Filing 36 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #16 filed by Plaintiffs Janine Angel. (Carne, Charlotte)
September 15, 2021 Opinion or Order Filing 35 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #16 filed by Plaintiffs Janine Angel. (Carne, Charlotte)
September 15, 2021 Opinion or Order Filing 34 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #16 filed by Plaintiffs Janine Angel. (Carne, Charlotte)
September 15, 2021 Opinion or Order Filing 33 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #16 filed by Plaintiffs Janine Angel. (Carne, Charlotte)
September 15, 2021 Opinion or Order Filing 32 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #16 filed by Plaintiffs Janine Angel. (Carne, Charlotte)
September 15, 2021 Opinion or Order Filing 31 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #16 filed by Plaintiffs Janine Angel. (Carne, Charlotte)
September 15, 2021 Opinion or Order Filing 30 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #16 filed by Plaintiffs Janine Angel. (Carne, Charlotte)
September 15, 2021 Opinion or Order Filing 29 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #16 filed by Plaintiffs Janine Angel. (Carne, Charlotte)
September 15, 2021 Opinion or Order Filing 28 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #16 filed by Plaintiffs Janine Angel. (Carne, Charlotte)
September 15, 2021 Opinion or Order Filing 27 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #16 filed by Plaintiffs Janine Angel. (Carne, Charlotte)
September 15, 2021 Opinion or Order Filing 26 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #16 filed by Plaintiffs Janine Angel. (Carne, Charlotte)
September 15, 2021 Opinion or Order Filing 25 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #16 filed by Plaintiffs Janine Angel. (Carne, Charlotte)
September 15, 2021 Opinion or Order Filing 24 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #16 filed by Plaintiffs Janine Angel. (Carne, Charlotte)
September 15, 2021 Opinion or Order Filing 23 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #16 filed by Plaintiffs Janine Angel. (Carne, Charlotte)
September 15, 2021 Opinion or Order Filing 22 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #16 filed by Plaintiffs Janine Angel. (Carne, Charlotte)
September 15, 2021 Opinion or Order Filing 21 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #16 filed by Plaintiffs Janine Angel. (Carne, Charlotte)
September 15, 2021 Opinion or Order Filing 20 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #16 filed by Plaintiffs Janine Angel. (Carne, Charlotte)
September 15, 2021 Opinion or Order Filing 19 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #16 filed by plaintiffs Janine Angel. (Carne, Charlotte)
September 15, 2021 Opinion or Order Filing 18 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #16 filed by plaintiff Janine Angel. (Carne, Charlotte)
September 15, 2021 Opinion or Order Filing 17 MINUTE ORDER IN CHAMBERS by Judge Otis D Wright, II: This action has been assigned to the calendar of Judge Otis D. Wright II. The Court's Electronic Document Submission System (EDSS) allows people without lawyers who have pending cases in the United States District Court for the Central District of California to submit documents electronically to the Clerk's Office The parties may consent to proceed before a Magistrate Judge appearing on the voluntary consent list. PLEASE refer to Local Rule 79-5 for the submission of CIVIL ONLY SEALED DOCUMENTS. CRIMINAL SEALED DOCUMENTS will remain the same. Please refer to Court's Website and Judge's procedures for information as applicable. (lc)
September 15, 2021 Opinion or Order Filing 16 (STRICKEN PER 9/16/2021 ORDER DOCKET NO. 64). COMPLAINT with filing fee previously paid ($402.00 paid on 09/14/2021, receipt number 31976169), filed by plaintiff Janine Angel.(Carne, Charlotte) Modified on 9/16/2021 (lc).
September 14, 2021 Opinion or Order Filing 15 NOTICE of Interested Parties filed by Plaintiff All Plaintiffs, (Carne, Charlotte)
September 14, 2021 Opinion or Order Filing 14 CIVIL COVER SHEET filed by Plaintiff Janine Angel. (Carne, Charlotte)
September 14, 2021 Opinion or Order Filing 13 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Complaint (Attorney Civil Case Opening), #1 . The following error(s) was found: The Civil Cover Sheet (CV-71)is missing or incomplete. All civil actions presented for filing must be accompanied by a completed Civil Cover Sheet. See Local Rule 3-1. Counsel must file a completed Civil Cover Sheet immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. No Notice of Interested Parties has been filed. A Notice of Interested Parties must be filed with every partys first appearance. See Local Rule 7.1-1. Counsel must file a Notice of Interested Parties immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. (ghap)
September 14, 2021 Opinion or Order Filing 12 NOTICE OF CLERICAL ERROR: Due to clerical error Re: Deficiency in Attorney Case Opening - optional html form, #10 . Document # 10 Due to clerical error. The docket clerk docketed with wrong caption on the Notice ofDeficiencies. (ghap)
September 14, 2021 Opinion or Order Filing 11 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)
September 14, 2021 Opinion or Order Filing 10 [NOTICE OF CLERICAL ERROR ISSUED ON 9/14/2021, SEE DOCKET ENTRY NO. 12] NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Complaint (Attorney Civil Case Opening), #1 . The following error(s) was found: The Civil Cover Sheet (CV-71)is missing or incomplete. All civil actions presented for filing must be accompanied by a completed Civil Cover Sheet. See Local Rule 3-1. Counsel must file a completed Civil Cover Sheet immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. No Notice of Interested Parties has been filed. A Notice of Interested Parties must be filed with every partys first appearance. See Local Rule 7.1-1. Counsel must file a Notice of Interested Parties immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. (ghap) Modified on 9/14/2021 (ghap).
September 14, 2021 Opinion or Order Filing 9 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (ghap)
September 14, 2021 Opinion or Order Filing 8 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap)
September 14, 2021 Opinion or Order Filing 7 NOTICE OF ASSIGNMENT to District Judge Otis D. Wright, II and Magistrate Judge Pedro V. Castillo. (ghap)
September 14, 2021 Opinion or Order Filing 6 NOTICE of Appearance filed by attorney Charlotte G Carne on behalf of Plaintiffs Janine Angel, Erin Bebereia, Hannah Bell, Michele Florentz, Jessica Granados, Miranda Keck, Shushanik Khachaturian, Yvonne Chavez Lombardi, Tamara Lowder, Michael Martin, Jesse McFaddin, Megan Meier, Michelle Radich, Kerry Sarner, Leanna Wasco, Dana West (Attorney Charlotte G Carne added to party Erin Bebereia(pty:pla), Attorney Charlotte G Carne added to party Hannah Bell(pty:pla), Attorney Charlotte G Carne added to party Michele Florentz(pty:pla), Attorney Charlotte G Carne added to party Jessica Granados(pty:pla), Attorney Charlotte G Carne added to party Miranda Keck(pty:pla), Attorney Charlotte G Carne added to party Shushanik Khachaturian(pty:pla), Attorney Charlotte G Carne added to party Yvonne Chavez Lombardi(pty:pla), Attorney Charlotte G Carne added to party Tamara Lowder(pty:pla), Attorney Charlotte G Carne added to party Michael Martin(pty:pla), Attorney Charlotte G Carne added to party Jesse McFaddin(pty:pla), Attorney Charlotte G Carne added to party Megan Meier(pty:pla), Attorney Charlotte G Carne added to party Michelle Radich(pty:pla), Attorney Charlotte G Carne added to party Kerry Sarner(pty:pla), Attorney Charlotte G Carne added to party Leanna Wasco(pty:pla), Attorney Charlotte G Carne added to party Dana West(pty:pla))(Carne, Charlotte)
September 14, 2021 Opinion or Order Filing 5 COMPLAINT with filing fee previously paid ($402.00 paid on 09/14/2021, receipt number 31976169), filed by plaintiff Janine Angel. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit)(Carne, Charlotte)
September 14, 2021 Opinion or Order Filing 4 COMPLAINT with filing fee previously paid ($402.00 paid on 09/14/2021, receipt number 31976169), filed by plaintiff Janine Angel. (Attachments: #1 Exhibit)(Carne, Charlotte)
September 14, 2021 Opinion or Order Filing 3 COMPLAINT with filing fee previously paid ($402.00 paid on 09/14/2021, receipt number 31976169), filed by plaintiff Janine Angel. (Attachments: #1 Exhibit, #2 Exhibit)(Carne, Charlotte)
September 14, 2021 Opinion or Order Filing 2 COMPLAINT with filing fee previously paid ($402.00 paid on 09/14/2021, receipt number 31976169), filed by plaintiff Janine Angel. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Carne, Charlotte)
September 14, 2021 Opinion or Order Filing 1 COMPLAINT Receipt No: ACACDC-31976169 - Fee: $402, filed by plaintiff Janine Angel. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit) (Attorney Charlotte G Carne added to party Janine Angel(pty:pla))(Carne, Charlotte)

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Search for this case: Janine Angel et al v. Cindy Marten et al
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Plaintiff: Janine Angel
Represented By: Charlotte G Carne
Represented By: Rory J. Bellantoni
Represented By: Meghan C. Sherry
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Plaintiff: Tamara Lowder
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Plaintiff: Michael Martin
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Plaintiff: Shushanik Khachaturian
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Plaintiff: Erin Bebereia
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Plaintiff: Jessica Granados
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Plaintiff: Dana West
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Plaintiff: Hannah Bell
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Plaintiff: Yvonne Chavez Lombardi
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Represented By: Charlotte G Carne
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Represented By: Charlotte G Carne
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Represented By: Charlotte G Carne
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Represented By: Sarah L W Sutherland
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Represented By: Andrew Zachary Edelstein
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Represented By: Leonard Bruce Garfinkel
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Represented By: Leonard Bruce Garfinkel
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Represented By: Kennett L Patrick
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Represented By: S Daniel Harbottle
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Represented By: Edward B Kang
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Represented By: Marlon C Wadlington
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Represented By: Louis A Leone
Represented By: Jimmie Emile Johnson
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Represented By: Louis A Leone
Represented By: Jimmie Emile Johnson
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Defendant: Troy A. Brown
Represented By: Louis A Leone
Represented By: Jimmie Emile Johnson
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Represented By: Sarah L W Sutherland
Represented By: Kelly Houle-Sandoval
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Represented By: S Daniel Harbottle
Represented By: Sydney Jordan Blaauw
Represented By: Tracy Petznick Johnson
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Defendant: Brian McDonald
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Defendant: Norm Enfield
Represented By: Edward B Kang
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Defendant: Doug Kimberly
Represented By: Anthony Nicholas DeMaria
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Defendant: California Department of Education
Represented By: Leonard Bruce Garfinkel
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Defendant: Fresno Central Unified School District
Represented By: David Salazar
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Defendant: Conejo Valley Unified School District
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Defendant: Los Angeles Unified School District
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Defendant: San Dieguito Union High School District
Represented By: Kennett L Patrick
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Defendant: Poway Unified School District
Represented By: S Daniel Harbottle
Represented By: Sydney Jordan Blaauw
Represented By: Tracy Petznick Johnson
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Represented By: Edward B Kang
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Represented By: Marlon C Wadlington
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Represented By: Marlon C Wadlington
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Represented By: Domenic D Spinelli
Represented By: Jeffrey C Chiao
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Defendant: Burbank Unified School District
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Defendant: Live Oak Unified School District
Represented By: Louis A Leone
Represented By: Jimmie Emile Johnson
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Defendant: Lincoln Unified School District
Represented By: Louis A Leone
Represented By: Jimmie Emile Johnson
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Defendant: San Joaquin County Office of Education
Represented By: Louis A Leone
Represented By: Jimmie Emile Johnson
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Represented By: Sarah L W Sutherland
Represented By: Kelly Houle-Sandoval
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Represented By: S Daniel Harbottle
Represented By: Sydney Jordan Blaauw
Represented By: Tracy Petznick Johnson
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Defendant: Pasedena Unified School District
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Defendant: Lake Elsinore Unified School District
Represented By: Anthony Nicholas DeMaria
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Defendant: Pasadena Unified School District
Represented By: Nancy Prapion Doumanian
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Defendant: Chino Unified School District
Represented By: Edward B Kang
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Defendant: Lucille Lynch
Represented By: Kennett L Patrick
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