P.C. et al v. Etiwanda School District et al
| Paris Campbell, LaShonda Hubbard and P. C. |
| Etiwanda School District and Chaffey Joint Union High School Distict |
| 5:2021cv01175 |
| July 14, 2021 |
| US District Court for the Central District of California |
| John W Holcomb |
| Shashi H Kewalramani |
| Civil Rights: Education |
| 20 U.S.C. § 1401 Education: Handicapped Child Act |
| None |
Docket Report
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| Filing 40 TEXT ONLY ENTRY: NOTICE TO PARTIES by District John W. Holcomb. Effective Monday, May 23, 2022, Judge John W. Holcomb will be located in the Ronald Reagan Federal Building and U.S. Courthouse, Courtroom 9D, on the 9th Floor, located at 411 W. 4th Street, Santa Ana, California 92701-4516. All Court appearances shall be made in Courtroom 9D of the Ronald Reagan Federal Building and U.S. Courthouse unless otherwise ordered by the Court. All required mandatory chambers copies shall be delivered and placed in the drop box located on the 9th Floor of the Ronald Reagan Federal Building and U.S. Courthouse. Judge Holcomb's Courtroom Deputy Clerk, may be reached at JWH_Chambers@cacd.uscourts.gov. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cbr) TEXT ONLY ENTRY |
| Filing 39 NOTICE OF CLERICAL ERROR: Due to clerical error Re: Chief District Judge Transferring Case, #38 The document was docketed in the wrong case and the case is returned to Judge John H. Holcomb for all further proceedings. The case will now reflect the initials of the transferee Judge 5:21-cv-01175 JWH(SHKx). (rn) |
Filing 38
ORDER OF THE CHIEF JUDGE (#22-007) approved by Judge Philip S. Gutierrez. Pursuant to the recommended procedure adopted by the Court for the CREATION OF CALENDAR of Judge Maame Ewusi-Mensah Frimpong, this case is transferred from Judge John W. Holcomb to the calendar of Judge Maame Ewusi-Mensah Frimpong for all further proceedings. The case number will now reflect the initials of the transferee Judge 5:21-cv-01175 MEMF(SHKx). (rn)
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| Filing 37 NOTICE of Non-Reply Pursuant to the Court's Order to File Optional Reply Brief to Plaintiffs' Late Opposition filed by Defendants Chaffey Joint Union High School Distict, Etiwanda School District. (Wadlington, Marlon) |
| Filing 36 MINUTE ORDER OF VIDEO HEARING RE: STATUS CONFERENCE held before Judge John W. Holcomb: Defendant is DIRECTED to file its reply brief in support of the motion to dismiss [ECF No. 29], if any, no later than 12:00 noon, on January 21, 2022. Defendant's motion to dismiss [ECF No. 29] and Plaintiffs' ex parte application [ECF No. 32] shall be deemed under submission upon receipt of Defendants optional reply brief. The hearing on the motion to dismiss [ECF No. 29] set for January 21, 2022, is hereby VACATED. IT IS SO ORDERED. Court Reporter: Lisa Gonzales. (yl) |
| Filing 35 MEMORANDUM in Opposition to Plaintiffs' Late Filed Opposition to Defendants' Motion to Dismiss Second Amended Complaint filed by Defendants Chaffey Joint Union High School Distict, Etiwanda School District. (Wadlington, Marlon) |
| Filing 34 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Objection/Opposition (Motion related) #32 . The following error(s) was/were found: Caption of document is incomplete/incorrect. 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. (yl) |
| Filing 33 NOTICE OF DISMISSAL filed by Plaintiffs P. C., LaShonda Hubbard pursuant to FRCP 41a(1) as to Chaffey Joint Union High School Distict. (Bayne, Sheila) |
| Filing 32 REQ FOR LEAVE TO FILE OPPOSITION & OPPOSITION re: NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Second Amended Complaint #29 filed by Plaintiffs P. C., LaShonda Hubbard. (Bayne, Sheila) |
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Filing 31
SCHEDULING NOTICE AND ORDER by Judge John W. Holcomb: On its own motion, the Court hereby SETS a Status Conference for Friday, January 14, 2022, at 11:00 a.m., via video conference. To obtain the video conference link for the scheduled hearing, the parties are directed to Judge Holcomb's Procedures and Schedules page on the Court's website: http://www.cacd.uscourts.gov/honorable-john-w-holcomb. Please follow the instructions listed under "Zoom Webinar Hearings." IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iva) TEXT ONLY ENTRY
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| Filing 30 NOTICE - Defendants' Notice of Plaintiffs' Non-Opposition to Its Motion to Dismiss Plaintiffs' Second Amended Complaint filed by Defendants Chaffey Joint Union High School Distict, Etiwanda School District. (Wadlington, Marlon) |
| Filing 29 NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Second Amended Complaint filed by Defendants Chaffey Joint Union High School Distict, Etiwanda School District. Motion set for hearing on 1/21/2022 at 09:00 AM before Judge John W. Holcomb. (Attachments: #1 Exhibit A-C, #2 Proposed Order) (Attorney Marlon C Wadlington added to party Chaffey Joint Union High School Distict(pty:dft), Attorney Marlon C Wadlington added to party Etiwanda School District(pty:dft)) (Wadlington, Marlon) |
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Filing 28
ORDER DISCHARGING ORDER TO SHOW CAUSE ("OSC") by Judge John W. Holcomb: The Court has received the Notice of Acknowledgment of Receipt of Summons and Complaint [ECF Nos. #24 & #25 ] and the Declaration of Sheila C. Bayne in Response to Order to Show Cause (the "Declaration") [ECF No. #26 ], filed in response to the Court's (In Chambers) Order [ECF No. 19 ]. The Court accepts the Declaration and hereby DISCHARGES the OSC. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iva) TEXT ONLY ENTRY
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| Filing 27 SECOND AMENDED COMPLAINT against Defendants All Plaintiffs amending Complaint (Attorney Civil Case Opening) #1 , Amended Complaint/Petition, #8 , filed by Plaintiffs P. C., LaShonda Hubbard (Attachments: #1 Exhibit Exhibits to 2nd Amended Appeal Complaint)(Bayne, Sheila) |
| Filing 26 DECLARATION of Sheila Bayne re Notice and Acknowledgment of Service (CV-21) Executed, #25 , Summons Issued #22 , Summons Request #20 , Summons Issued #23 , Generic Text Only Entry,,,, 19 , Notice and Acknowledgment of Service (CV-21) Executed, #24 , Summons Request #21 filed by Plaintiffs P. C., LaShonda Hubbard. (Bayne, Sheila) |
| Filing 25 NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Plaintiff LaShonda Hubbard, upon Defendant Etiwanda School District acknowledgment sent by Plaintiff on 11/26/2021, answer due 12/17/2021. Acknowledgment of Service signed by Marlon Wadlington, Attorneys for Etiwanda School District. (Bayne, Sheila) |
| Filing 24 NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Plaintiff LaShonda Hubbard, upon Defendant Chaffey Joint Union High School Distict acknowledgment sent by Plaintiff on 11/26/2021, answer due 12/17/2021. Acknowledgment of Service signed by Marlon Wadlington, Attorneys for Chaffey Joint Union High School District. (Bayne, Sheila) |
| Filing 23 21 DAY Summons Issued re Amended Complaint/Petition, #8 as to Defendant Chaffey Joint Union High School Distict. (yl) |
| Filing 22 21 DAY Summons Issued re Amended Complaint/Petition, #8 as to Defendant Etiwanda School District. (yl) |
| Filing 21 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 , Generic Text Only Entry,,,, 19 filed by Plaintiff LaShonda Hubbard. (Bayne, Sheila) |
| Filing 20 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 , Generic Text Only Entry,,,, 19 filed by Plaintiff LaShonda Hubbard. (Bayne, Sheila) |
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Filing 19
(IN CHAMBERS) ORDER by Judge John W. Holcomb: In view of the Notice to Filer of Deficiencies in Electronically Filed Documents [ECF No. #18 ], identifying errors with the Proof of Service of Summons [ECF Nos. #15 & #16 ]specifically, "Title page of document appears incomplete summons not issued by the clerk" it appears that the Court erred when it discharged the OSC [ECF No. #14 ], issued on October 26, 2021. After further review of the docket, Plaintiffs never requested the issuance of a summons. Therefore, the Proofs of Service of Summons and Complaint (the "POS") [ECF Nos. 15 & 16] are not valid. In view thereof, the POS [ECF Nos. #15 & #16 ] are hereby STRICKEN, and the OSC is REINSTATED. The Court hereby ORDERS Plaintiffs to show cause in writing on or before December 1, 2021, why this action should not be dismissed, with respect to each Defendant who has not been served, for lack of prosecution. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iva) TEXT ONLY ENTRY
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| Filing 18 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Service of Summons and Complaint Returned Executed (21 days), #15 , Service of Summons and Complaint Returned Executed (21 days), #16 . The following error(s) was/were found: Title page of document appears incomplete - summons not issued by the clerk Other error(s) with document(s): No request for summons issued.. 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) |
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Filing 17
ORDER DISCHARGING ORDER TO SHOW CAUSE ("OSC") by Judge John W. Holcomb: In view of the Proofs of Service [ECF Nos. #15 & #16 ] filed on November 5, 2021, the Court hereby DISCHARGES the OSC [ECF No. #14 ] issued on October 26, 2021. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iva) TEXT ONLY ENTRY
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| Filing 16 PROOF OF SERVICE Executed by Plaintiff LaShonda Hubbard, upon Defendant Chaffey Joint Union High School Distict served on 11/4/2021, answer due 11/26/2021. Service of the Summons and Complaint were executed upon Joseph Santos, Risk Management in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Bayne, Sheila) |
| Filing 15 PROOF OF SERVICE Executed by Plaintiff LaShonda Hubbard, upon Defendant Etiwanda School District served on 11/4/2021, answer due 11/26/2021. Service of the Summons and Complaint were executed upon Shawn Judson Ed.D. Superintendent in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Bayne, Sheila) |
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Filing 14
MINUTE ORDER (IN CHAMBERS) Order to Show Cause re Dismissal forLack of Prosecution by Judge John W. Holcomb: Accordingly, the Court, on its own motion, hereby orders Plaintiff to show cause in writing on or before November 9, 2021, why this action should not be dismissed, with respect to each Defendant who has not been served, for lack of prosecution. (See document for further details) (yl)
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| Filing 13 Notice of Appearance or Withdrawal of Counsel: for attorney Diana Renteria counsel for Plaintiff P. C.. Adding Diana Renteria Esq. as counsel of record for P.C. guardian ad litem Danielle Howard Martinez and LaShounda Hubbard for the reason indicated in the G-123 Notice. Filed by PLAINTIFF C.P. and LaShonda Hubbard. (Renteria, Diana) |
| Filing 12 Notice of Appearance or Withdrawal of Counsel: for attorney Sheila C Bayne counsel for Plaintiff LaShonda Hubbard. Adding Sheila C. Bayne as counsel of record for P.C. and Lashonda Hubbard for the reason indicated in the G-123 Notice. Filed by plaintiff Sheila Bayne. (Bayne, Sheila) |
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Filing 11
ORDER by Magistrate Judge Shashi H. Kewalramani: Granting #10 PETITION to Appoint Guardian ad Litem. Appointing Danielle Howard Martinez as Guardian ad Litem for P.C. (et)
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| Filing 10 First PETITION for Appointment of as Guardian ad Litem for P.C. filed by PLAINTIFF P. C.. (Attachments: #1 Proposed Order) (Bayne, Sheila) |
| Filing 9 NOTICE of Interested Parties filed by PLAINTIFF P. C., LaShonda Hubbard, (Bayne, Sheila) |
| Filing 8 FIRST AMENDED PETITION against DEFENDANTS Chaffey Joint Union High School Distict, Etiwanda School District amending Complaint (Attorney Civil Case Opening) #1 , filed by PLAINTIFFS P. C., LaShonda Hubbard (Attachments: #1 Exhibit EXHIBITS A TO J)(Bayne, Sheila) |
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Filing 7
STANDING ORDER by Judge John W. Holcomb. (iva)
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| Filing 6 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Complaint (Attorney Civil Case Opening) #1 . The following error(s) was found: 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. Other error(s) with document(s): 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.. (car) |
| Filing 5 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (car) |
| Filing 4 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
| Filing 3 NOTICE OF ASSIGNMENT to District Judge John W. Holcomb and Magistrate Judge Shashi H. Kewalramani. (car) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Paris Campbell. (Bayne, Sheila) |
| Filing 1 COMPLAINT Receipt No: ACACDC-31632075 - Fee: $402, filed by Plaintiff Paris Campbell. (Attachments: #1 Exhibit) (Attorney Sheila C Bayne added to party Paris Campbell(pty:pla))(Bayne, Sheila) |
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