D.C. et al v. Oakdale Joint Unified School District et al
| D. C. and T. C. |
| Oakdale Joint Unified School District, Katie Craig, Stephanie Hicks, Kathleen Jenkins, Larry Mendonca, Julie Minabe, Rhonda Duarte, Shauna Rico, Cinnamon Simpson and All Defendants |
| 1:2011cv01112 |
| July 5, 2011 |
| US District Court for the Eastern District of California |
| Fresno Office |
| Stanislaus |
| Stanley A Boone |
| Civil Rights: Other |
| 28 U.S.C. § 1343 Violation of Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 13, 2013. A more recent docket listing may be available from PACER.
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Filing 76
ORDER on Stipulation and Request for Dismissal of Entire Action, signed by Magistrate Judge Stanley A Boone on 2/12/13. (CASE CLOSED)(Hellings, J)
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| Filing 75 STIPULATION AND REQUEST FOR DISMISSAL OF ENTIRE ACTION by All Defendants. (Kelley, John) |
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Filing 74
ORDER GRANTING #61 Petition for Approval of Minor's Compromise. The previously scheduled hearing date of 1/25/2013 is VACATED and the parties shall not appear. Order signed by Magistrate Judge Stanley A Boone on 1/23/2013. (Hernandez, M)
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Filing 73
ORDER ASSIGNING CASE re Presiding Judge, signed by District Judge Anthony W. Ishii on 1/22/13. New Case Number: 1:11-cv-01112-SAB. (Marrujo, C)
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| Filing 72 CONSENT to JURISDICTION of US MAGISTRATE JUDGE by All Defendants. (Kelley, John) |
| Filing 71 CONSENT to JURISDICTION of US MAGISTRATE JUDGE by D. C., T. C.. (Goldsen, Evan) |
| Filing 70 PROPOSED ORDER re settlement and release of claims on behalf of minor re #61 MOTION by All Defendants. (Kelley, John) |
| Filing 69 SUPPLEMENT by D. C., T. C. re #61 MOTION. (Attachments: #1 Exhibit Medi-Cal Lien Notice, #2 Exhibit Order Approving Compromise of Pending Action for Minor, #3 Proposed Order)(Goldsen, Evan) |
| Filing 68 OPPOSITION by All Defendants to #61 MOTION. (Kelley, John) |
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Filing 67
ORDER Directing Defendants to File a Response to Plaintiffs' Supplemental Request or to Withdraw Prior Opposition, signed by Magistrate Judge Stanley A Boone on 1/8/2013. (It is HEREBY ORDERED that: 1. Defendants shall file a response to Plaintiffs Supplemental Request or file a notice of intent to withdraw their Opposition; and 2. Defendants shall file their response or notice of intent to withdraw by 1/18/2013.)(Gaumnitz, R)
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Filing 66
ORDER by Chief Judge Morrison C. England, Jr.: Due to the retirement of Magistrate Judge * Dennis L. Beck* from the bench of the Eastern District, this action is reassigned to * Magistrate Judge Stanley A Boone* for all further proceedings. (Sant Agata, S)
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| Filing 65 SUPPLEMENT by D. C., T. C. re #61 MOTION. (Attachments: #1 Revised Declaration of Attorney Tamara L. Loughrey in support of the supplemental request to approve the minor's compromise)(Goldsen, Evan) |
| Filing 64 MINUTE ORDER: (TEXT ENTRY ONLY) The Court sets a hearing on the #61 Petiton for Minor's Compromise on 1/25/2013 at 9:00 am before Magistrate Judge Beck in Courtroom 9. (Hernandez, M) |
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Filing 63
ORDER REFERRING Matter To Magistrate Judge (Doc. #61 ), signed by District Judge Anthony W. Ishii on 11/16/2012. (Fahrney, E)
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| Filing 62 OPPOSITION by Defendant All Defendants to #61 Request,. (Kelley, John) |
| Filing 61 REQUEST for Approval of Minor's Compromise of Federal Claims by D. C., T. C.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Declaration T.C. In Support of Minor's Compromise, #4 Declaration Attorney Tamara Loughrey In Support of Minor's Compromise, #5 Proposed Order Request to Approve Minor's Compromise)(Loughrey, Tamara) |
| NOTICE OF COMPLETION of VDRP. This case has completed the VDRP process. Case settled.[TEXT ONLY ENTRY] (Crouch, J) |
| Filing 60 NOTICE of SETTLEMENT by All Defendants. (Kelley, John) |
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Filing 59
MINUTE ORDER ***TEXT Only***: at this time, pursuant to the parties' agreement, they are going to proceed with the VDRP Mediation and would like to Vacate the Settlement Conference hearing date of October 11, 2012 at 9:30 a.m. before Judge McAuliffe. The Court VACATES the Settlement Conference hearing date of 10/11/2012. NOTE: parties are to contact the court for a new date, if they wish to have a Settlement Conference before Judge McAuliffe. signed by Magistrate Judge Barbara A. McAuliffe on 10/10/2012. (Herman, H)
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| Filing 58 NOTICE of Submission of Plaintiffs' Confidential Settlement Conference Statement by All Plaintiffs. (Goldsen, Evan) |
| Filing 57 NOTICE of Submission of Defendants' Confidential Settlement Conference Statement by All Defendants. (Kelley, John) |
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Filing 56
ORDER CONTINUING FILING and HEARING Dates on Phase I Motions for Summary Judgment (Doc. #55 ), Signed by Chief Judge Anthony W. Ishii on 9/27/2012. The Phase I briefing schedule is hereby modified as follows: (1) Motions for summary judgment shall be filed on or before December 3, 2012; (2) Oppositions shall be filed on or before January 9, 2013; and (3) Replies shall be filed on or before January 31, 2013. (Arellano, S.)
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| Filing 55 MOTION to CONTINUE Filing Date and Hearing on Phase I Motions for Summary Judgment by D. C., T. C.. Motion Hearing set for 10/23/2012 at 09:00 AM in Courtroom 2 before Chief Judge Anthony W. Ishii. (Loughrey, Tamara) |
| Filing 54 NOTICE of appointment from VDRP Administrator appointing Stuart Somach, of Somach Simmons & Dunn, as VDRP Neutral Attorney.[TEXT ONLY ENTRY] (Crouch, J) |
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Filing 53
STIPULATION and ORDER for Referral to Voluntary Dispute Resolution Program signed by Chief Judge Anthony W. Ishii on 7/12/2012. (Jessen, A)
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| Filing 52 MINUTE ORDER: (TEXT ENTRY ONLY) All parties are in agreement to conduct a Settlement Conference on 10/11/2012 at 09:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. Confidential settlement statements are due one week prior directly to chambers. (Hernandez, M) |
| Filing 51 CONSENT to VDRP by All Defendants.(Kelley, John) |
| Filing 50 CLERK'S NOTICE of DOCKET CORRECTION - PLEASE disregard Minute Order #49 which resets Plaintiff's Motion to Quash Subpoena from 4/30/2012 to 4/27/2012. Plaintiff has been advised to RESET the motion pursuant to the Local Rules and properly noticing the motion for hearing. (Hernandez, M) |
| Filing 49 MINUTE ORDER: (TEXT ENTRY ONLY) THE COURT RESETS THE MOTION HEARING as to #48 PLAINTIFF'S MOTION to QUASH Subpoena to produce documents :Motion Hearing RESET for 4/27/2012 at 09:00 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck. (Hernandez, M) |
| Filing 48 MOTION to QUASH Subpoena to produce documents by D. C., T. C.. Motion Hearing set for 4/30/2012 at 01:30 PM in Courtroom 2 before Chief Judge Anthony W. Ishii. (Attachments: #1 Declaration Declaration of Carly Christopher in support of Motion to Quash, #2 Exhibit Subpoena of records)(Goldsen, Evan) |
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Filing 47
SCHEDULING ORDER, signed by Magistrate Judge Dennis L. Beck on 3/19/2012. (Initial Disclosures due by: 4/2/2012; IDEA Summary Judgment Motions filed by 10/19/2012; IDEA Summary Judgment Motions heard by 12/10/2012; Non-expert Discovery due by 3/12/2013; Non-Dispositive Motions filed by 5/21/2013; Expert Discovery due by: 6/12/2013; Non-Dispositive Motions heard by 6/21/2013; Dispositive Motions filed by 6/26/2013; Dispositive Motions heard by 8/19/2013; Pretrial Conference set for 10/4/2013 at 08:30 AM in Courtroom 2 (AWI) before Chief Judge Anthony W. Ishii; Jury Trial set for 12/3/2013 at 09:00 AM in Courtroom 2 (AWI) before Chief Judge Anthony W. Ishii) (Figueroa, O)
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| Filing 46 MINUTES (Text Only) for proceedings held before Magistrate Judge Dennis L. Beck: TELEPHONIC SCHEDULING CONFERENCE held, in chambers and off the record, on 3/19/2012 with an order to follow. Plaintiffs' Counsel Evan Barnett Goldsen telephonically present. Defendants' Counsel John Kelley telephonically present. (Hernandez, M) |
| Filing 45 JOINT STATUS REPORT by D. C., T. C.. (Goldsen, Evan) |
| Filing 44 ANSWER to #37 Amended Complaint by All Defendants.(Kelley, John) |
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Filing 43
ORDER regarding #38 Motion to Dismiss signed by Chief Judge Anthony W. Ishii on 1/25/2012. (Lundstrom, T)
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Filing 42
ORDER VACATING Hearing Date of January 30, 2012 and Taking Matter Under Submission signed by Chief Judge Anthony W. Ishii on 1/23/2012. (Figueroa, O)
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| Filing 41 REPLY by All Defendants to RESPONSE to #38 MOTION to DISMISS. (Kelley, John) |
| Filing 40 OPPOSITION by D. C., T. C. to #38 MOTION to DISMISS. (Attachments: #1 Request for Judicial Notice, #2 Declaration Declaration of Tamara Loughrey, #3 Exhibit Request for DP, #4 Exhibit PHC, #5 Exhibit 2nd Request for DP, #6 Exhibit Defendant's motion to strike DP, #7 Exhibit OAH order of dismissal)(Goldsen, Evan) |
| Filing 39 MINUTE ORDER: (Text Entry Only) As there is a #38 Motion to Dismiss pending, Scheduling Conference previously set for 1/18/2012 has been CONTINUED to 3/19/2012 at 09:00 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck. A joint scheduling report shall be electronically filed no later than seven (7) days prior to the conference and shall be emailed, in WordPerfect or Word format, to dlborders@caed.uscourts.gov. (Gaumnitz, R) |
| Filing 38 MOTION to DISMISS by All Defendants. Motion Hearing set for 1/30/2012 at 01:30 PM in Courtroom 2 before Chief Judge Anthony W. Ishii. (Attachments: #1 in support of motion to dismiss, #2 Request for judicial notice)(Kelley, John) |
| Filing 37 FIRST AMENDED COMPLAINT against All Defendants by T. C., D. C..(Goldsen, Evan) |
| Filing 36 CLERK'S NOTICE to Attorney Evan Goldsen re #35 Amended Document: Your filing is entitled Amended Document, however, the actual document attached is Amended Complaint. Please re-file your document using the Amended Complaint event found under the Complaints and Other Initiating Documents category. If you need assistance, please contact the CM/ECF help desk at 866-884-5444, or refer to the CM/ECF User's Manual on the court's website. (Marrujo, C) |
| Filing 35 AMENDED DOCUMENT by D. C., T. C.: Amended #31 Order, Set/Reset Deadlines and Hearings, Order on Motion to Dismiss/Lack of Jurisdiction, #2 Complaint,. (Goldsen, Evan) |
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Filing 34
ORDER GRANTING #32 Request for Continuance of Scheduling Conference signed by Magistrate Judge Dennis L. Beck on 11/28/2011. ( Initial Scheduling Conference set for 1/18/2012 at 09:00 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck) (Figueroa, O)
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| Filing 33 STATEMENT of NON-OPPOSITION by All Defendants to #32 MOTION to CONTINUE Scheduling Conference. (Kelley, John) |
| Filing 32 MOTION to CONTINUE Scheduling Conference by D. C., T. C.. Motion Hearing set for 12/6/2011 at 09:15 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck. (Goldsen, Evan) |
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Filing 31
ORDER GRANTING Defendants' #11 Motion to Dismiss signed by Chief Judge Anthony W. Ishii on 11/17/2011. (Amended Complaint Due Within Twenty-One Days.) (Marrujo, C)
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| Filing 30 SUPPLEMENT by All Defendants re #11 MOTION to DISMISS for LACK of JURISDICTION. (Kelley, John) |
| Filing 29 SUPPLEMENT by D. C., T. C.. (Loughrey, Tamara) |
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Filing 28
ORDER vacating hearing date of October 31, 2011 and order for further briefing. signed by Chief Judge Anthony W. Ishii on 10/26/2011. (Nazaroff, H)
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| Filing 27 WAIVER of SERVICE RETURNED EXECUTED: Oakdale Joint Unified School District Waiver sent on 8/8/2011, answer due 10/7/2011. (Loughrey, Tamara) |
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Filing 26
ORDER MOVING Hearing, re #11 Motion to Dismiss, to October 31, 2011 at 1:30 PM in Courtroom 2, Signed by Chief Judge Anthony W. Ishii on 10/13/2011. (Arellano, S.)
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| Filing 25 REQUEST for Oral Argument and Telephonic Appearance at Oral Argument of Motion to Dismiss by D. C., T. C.. (Loughrey, Tamara) |
| Filing 24 REPLY by All Defendants re #11 MOTION to DISMISS for LACK of JURISDICTION. Attorney Kelley, John P. added. (Kelley, John) |
| Filing 23 OPPOSITION by D. C., T. C. to #11 MOTION to DISMISS for LACK of JURISDICTION. (Attachments: #1 Declaration of Attorney in Support of Opposition, #2 Exhibit A - Due Process Complaint, #3 Exhibit B - PHC Statement, #4 Exhibit C - 2nd Due Process Complaint, #5 Exhibit D - Respondent's Motion to Strike 2nd Due Process Complaint, #6 Exhibit E - OAH Order of Dismissal)(Loughrey, Tamara) |
| Filing 22 NOTICE of Unavailability by D. C., T. C.. (Loughrey, Tamara) |
| Filing 21 CERTIFICATE of SERVICE by D. C.. (Loughrey, Tamara) |
| Filing 20 WAIVER of SERVICE RETURNED EXECUTED: Shauna Rico Waiver sent on 8/8/2011, answer due 10/7/2011. (Loughrey, Tamara) |
| Filing 19 WAIVER of SERVICE RETURNED EXECUTED: Stephanie Hicks Waiver sent on 8/8/2011, answer due 10/7/2011. (Loughrey, Tamara) |
| Filing 18 WAIVER of SERVICE RETURNED EXECUTED: Rhonda Duarte Waiver sent on 8/8/2011, answer due 10/7/2011. (Loughrey, Tamara) |
| Filing 17 WAIVER of SERVICE RETURNED EXECUTED: Larry Mendonca Waiver sent on 8/8/2011, answer due 10/7/2011. (Loughrey, Tamara) |
| Filing 16 WAIVER of SERVICE RETURNED EXECUTED: Kathleen Jenkins Waiver sent on 8/8/2011, answer due 10/7/2011. (Loughrey, Tamara) |
| Filing 15 WAIVER of SERVICE RETURNED EXECUTED: Katie Craig Waiver sent on 8/8/2011, answer due 10/7/2011. (Loughrey, Tamara) |
| Filing 14 WAIVER of SERVICE RETURNED EXECUTED: Julie Minabe Waiver sent on 8/8/2011, answer due 10/7/2011. (Loughrey, Tamara) |
| Filing 13 WAIVER of SERVICE RETURNED EXECUTED: Cinnamon Simpson Waiver sent on 8/8/2011, answer due 10/7/2011. (Loughrey, Tamara) |
| Filing 12 MINUTE ORDER (TEXT ONLY) : Due to the status of the case, the Scheduling Conference previously set for 10/6/2001 has been CONTINUED to 12/6/2011 at 09:15 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck. (Figueroa, O) |
| Filing 11 MOTION to DISMISS for LACK of JURISDICTION by Katie Craig, Rhonda Duarte, Stephanie Hicks, Kathleen Jenkins, Larry Mendonca, Julie Minabe, Oakdale Joint Unified School District, Shauna Rico, Cinnamon Simpson. Attorney Kelley, John P. added. Motion Hearing set for 10/17/2011 at 01:30 PM in Courtroom 2 (AWI) before Chief Judge Anthony W. Ishii. (Attachments: #1 Points and Authorities, #2 Notice Request for Judicial Notice)(Kelley, John) |
| Filing 10 DESIGNATION of COUNSEL FOR SERVICE. Added attorney Evan Barnett Goldsen for D. C.,Evan Barnett Goldsen for T. C. (Goldsen, Evan) |
| Filing 9 Corrected SUMMONS ISSUED as to *Rhonda Duarte, Shauna Rico, Cinnamon Simpson* with answer to complaint due within *21* days. Attorney *Tamara Lynn Loughrey* *Loughrey & Associates* *21-C Orinda Way, #307* *Orinda, CA 94563*. (Marrujo, C) |
| Filing 8 Corrected SUMMONS ISSUED as to *Kathleen Jenkins, Larry Mendonca, Julie Minabe* with answer to complaint due within *21* days. Attorney *Tamara Lynn Loughrey* *Loughrey & Associates* *21-C Orinda Way, #307* *Orinda, CA 94563*. (Marrujo, C) |
| Filing 7 Corrected SUMMONS ISSUED as to *Katie Craig, Stephanie Hicks, Oakdale Joint Unified School District* with answer to complaint due within *21* days. Attorney *Tamara Lynn Loughrey* *Loughrey & Associates* *21-C Orinda Way, #307* *Orinda, CA 94563*. (Marrujo, C) |
| Filing 6 CLERK'S NOTICE of DOCKET CORRECTION: Please DISREGARD Summons Issued #4 . Will issue corrected Summons. (Marrujo, C) |
| Filing 5 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 10/6/2011 at 09:15 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck. (Attachments: #1 Consent Form, #2 VDRP Form) (Martin-Gill, S) |
| Filing 4 ***DISREGARD*** SUMMONS ISSUED as to *Katie Craig, Rhonda Duarte, Stephanie Hicks, Kathleen Jenkins, Larry Mendonca, Julie Minabe, Oakdale Joint Unified School District, Shauna Rico, Cinnamon Simpson* with answer to complaint due within *21* days. Attorney *John P. Kelley* *Law Offices of Halkides Morgan and Kelley* *P.O. Box 492170* *Redding, CA 96002*. (Martin-Gill, S) |
| RECEIPT number #CAE100015490 $350.00 fbo D.C. and T.C. by Loughrey and Associates on 7/5/2011. (Flores, E) |
| Filing 2 COMPLAINT APPEAL OF DUE PROCESS HEARING DECISION PURSUANT TO 20 U.S.C. 1415 (i)(2)(A) AND CIVIL RIGHTS COMPLAINT FOR DAMAGES, COSTS AND ATTORNEYS FEES against Katie Craig, Does 1-10, Rhonda Duarte, Stephanie Hicks, Kathleen Jenkins, Larry Mendonca, Julie Minabe, Oakdale Joint Unified School District, Shauna Rico, Cinnamon Simpson by T. C., D. C..(Loughrey, Tamara) |
| Filing 1 CIVIL COVER SHEET by D. C., T. C. (Loughrey, Tamara) |
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