K. et al v. Solano County Office of Education et al
| D. K., G. M., M. W., L. W. and B. W. |
| Sandra -, Solano County Office of Education, Benicia Unified School District, Dee Alarcon, Jo Ann Severson, Karla Buckley, Shannon Ingersoll, Ruthie Garcia, Board of Trustees, Sandra Perez, Solano County Board of Education, Mayrene Bates, John Galvan, Maria Kennedy, Ray Silva, Larry Asera, Douglas Ford, Rozzana Verder-Aliga, Janice Adams, Clare Davies, Benicia Unified School District Board of Education, Jeanne Steinmann, Andre Stewart, Rosie Switzer, Bonnie Weidel, Dana Dean, Patrick Holland, Mary Ellen Haddock and Jay Speck |
| Maxim Healthcare Services, Inc. |
| 2:2008cv00534 |
| March 7, 2008 |
| U.S. District Court for the Eastern District of California |
| Civil Rights: Other Office |
| Sacramento |
| Dale A Drozd |
| Morrison C England |
| Civil Rights: Other |
| 20 U.S.C. § 1400 Civil Rights of Handicapped Child |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on January 5, 2012. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 142 STIPULATION Dismissing Case with Prejudice Pursuant to FRCP Rule 41 by Benicia Unified School District. (Leed, Claudia) |
Filing 141
ORDER signed by Judge Morrison C. England, Jr on 12/20/11 re #139 Request for Approval of Settlement; Good cause appearing, the Court grants the request for approval of settlement on behalf of incompetents as follows: 1. The total sum of $450,000 dollars in total for Plaintiffs and their counsel, payable by each defendant (SCOE $312,500; BUSD $75,000; Maxim $62,500) to Loughrey & Associates Attorney Client Trust Account is approved; 2. Plaintiff D.K. shall receive a check for $200,000 payable to G. M. as Trustee of his Special Needs Trust; 3. Plaintiff M.W. shall receive a check for $200,000 payable to R.W. and L.W. as Trustees of her Special Needs Trust; and 4. Loughrey & Associates shall receive a check in the amount of $50,000 to cover attorneys fees incurred in the case. IT IS SO ORDERED. Civil Case Terminated. CASE CLOSED (Matson, R)
|
| Filing 140 ADDENDUM to EXHIBIT A of #139 Request for Approval of Settlement by D. K.. (Loughrey, Tamara) Modified on 12/14/2011 (Marciel, M). |
| Filing 139 REQUEST for APPROVAL OF SETTLEMENT and Release of Clalims for Incompetents by D. K. (Attachments: #1 Proposed Order, #2 Exhibit No. 1 - Settlement Agreement Redacted, #3 Exhibit No. 2 - Police Report Redacted)(Loughrey, Tamara) |
|
Filing 138
ORDER GRANTING #137 Request filed by D. K. signed by Magistrate Judge Dale A. Drozd on 11/28/11; Good cause appearing, the request to extend the deadline to file the minors compromise-court approval of the settlement agreement is hereby extended to December 2, 2011.(Matson, R)
|
| Filing 137 REQUEST for Extension of Date to File Minor's Compromise-Court Approval of Settlement by D. K.. (Loughrey, Tamara) |
|
Filing 136
ORDER CONTINUING TRIAL signed by Judge Morrison C. England, Jr. on 10/26/2011 ORDERING that the Jury Trial is CONTINUED to 9/17/2012 at 09:00 AM. Parties shall file trial briefs by 6/28/2012. The Final Pretrial Conference is CONTINUED to 7/12/2012 at 02:00 PM. The Joint Final Pretrial Statement is due by 6/21/2012. Any evidentiary or procedural motions are to be filed by 6/21/2012. Oppositions must be filed by 6/28/2012, and any reply must be filed by 7/5/2012. (Zignago, K.)
|
| Filing 135 MINUTES (Text Only) for proceedings held before Magistrate Judge Dale A. Drozd: SETTLEMENT CONFERENCE held on 8/11/2011; After settlement negotiations, CASE SETTLED. Terms and conditions of settlement placed on the recored in open court by Claudia Lee, with clarification from Bruce Kilday and David Beach. Parties stipulated for magistrate judge to retain jurisdiction to enforce settlement terms and conditions. Settlement agreement and dismissal to be filed with the court within 90 days from today's date. Court to advise Judge England case settled. Plaintiffs Counsel Tamara Loughrey, Robert Woelfel present. Plaintiffs' Gina Mattis for D. K., Melani Monk for D. K., Laura Williams for M. W., Robert Williams for M. W., present.Defendants Counsel Bruce Kilday, Colleen Abney, Chuck Torretta for Solano County Office of Education; Claudia Leed, Jim Schillenger for Benicia Unified School District; Robert Johnson for Karla Buckley and Sandra Perez; Domenic Spinelli for Shannon Ingersoll and Ruth Garcia; David Beach, David Singer for Maxim Healthcare. Court Reporter/CD Number: ECRO/1. (Buzo, P) |
| Filing 134 NOTICE of Submission of Confidential Settlement Conference Statement by Mary Ellen Haddock, Solano County Office of Education, Jay Speck. (Kilday, Bruce) |
| Filing 133 NOTICE of Submission of Confidential Settlement Conference Statement by Maxim Healthcare Services, Inc.. (Beach, David) Modified on 8/8/2011 (Zignago, K.). |
| Filing 132 NOTICE of Plaintiffs' Confidential Mediation Brief Submitted by D. K., G. M., B. W., L. W., M. W.. (Loughrey, Tamara) |
| Filing 131 NOTICE of Submission of Updated Confidential Mediation Statement by Karla Buckley, Sandra Perez. (Johnson, Robert) |
| Filing 130 NOTICE of Submission of Defendants Shannon Ingersoll and Ruth Garcia's Confidential Settlement Conference Statement by Ruthie Garcia, Shannon Ingersoll. (Spinelli, Domenic) |
| Filing 129 NOTICE of Appearance of Counsel by plaintiffs . Attorney Woelfel, Robert L. added. (Attachments: #1 Proof of servcie)(Woelfel, Robert) Modified on 7/28/2011 (Kaminski, H). |
|
Filing 128
ORDER signed by Magistrate Judge Dale A. Drozd on 6/15/2011 re #127 ORDERING that a further Settlement Conference set for 8/11/2011 at 10:00 AM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd. The parties are directed to submit supplemental confidential settlement conference statements on or before August 4, 2011. Additionally, each party shall file a Notice of Submission of Confidential Settlement Conference Statement. All parties are required to have principals present at the settlement conference. (Duong, D)
|
| Filing 127 REQUEST for Setting Settlement Conference by Mary Ellen Haddock, Solano County Office of Education, Jay Speck. Attorney McTavish, Amie Collins added. (McTavish, Amie) |
| Filing 126 NOTICE of Unavailability by D. K., G. M., B. W., L. W., M. W.. (Loughrey, Tamara) |
| Filing 125 MINUTES (Text Only) for proceedings held before Magistrate Judge Dale A. Drozd: SETTLEMENT CONFERENCE held on 3/31/2011. After settlement negotiations, CASE NOT SETTLED. Parties will contact court to schedule a further settlement conference. Plaintiffs Counsel Tamara Loughey, Robert Woelfel, Dave Knudson, Jaime Shets present. Defendants Counsel Bruce Kilday for Solano County Office of Education, Jay Speck; Colleen Abney - North Bay; Claudia Leed and Jim Schillenger for Benicia Unified School District; Robert Johnson for Karla Buckley and Sandra Perez; Domenic Spinelli for Shannon Ingersoll and Ruth Garcia; Oscar Pardo and Matthew Diaz for Maxim Healthcare; Chuck Torretta - BASK/NBSIA present. (Buzo, P). |
| Filing 124 NOTICE of Submission of Confidential Settlement Conference Statement by Mary Ellen Haddock, Solano County Office of Education, Jay Speck. Attorney Kilday, Bruce Alan added. (Kilday, Bruce) |
| Filing 123 NOTICE of Lodging Confidential Supplemental Settlement Conference Statement by Benicia Unified School District. (Leed, Claudia) |
| Filing 122 NOTICE of Mediation Brief Submission by D. K.. (Loughrey, Tamara) |
| Filing 121 NOTICE of Submission of Confidential Settlement Conference Statement by Maxim Healthcare Services, Inc.. (Beach, David) Modified on 3/25/2011 (Zignago, K.). |
| Filing 120 NOTICE of Submission of Updated Confidential Mediation Statement by Karla Buckley, Sandra Perez. (Johnson, Robert) |
| Filing 119 NOTICE of Submission of Confidential Settlement Conference Statement by Ruthie Garcia, Shannon Ingersoll. (Spinelli, Domenic) Modified on 3/25/2011 (Zignago, K.). |
| Filing 118 MINUTE ORDER: (TEXT ONLY) by Crd for Magistrate Judge Dale A. Drozd on 3/2/2011. IT IS HEREBY ORDERED: In light of the parties #117 Request for a further settlement conference, a further early Settlement Conference is set for 3/31/2011 at 10:00 AM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd. The parties are directed to submit supplemental confidential settlement conference statements on or before March 24, 2011, to the following email address: [email protected]. Additionally, each party shall file a Notice of Submission of Confidential Settlement Conference Statement. (see L.R. 270 (d)). All parties are required to have principals present at the settlement conference. I HEREBY CERTIFY that the foregoing is a true and correct statement of an order made in the above-captioned case. (Buzo, P) |
| Filing 117 LETTER from Bruce A. Kilday requesting settlement conference hearing. (Kaminski, H) |
| Filing 116 NOTICE of CHANGE of ADDRESS by Tamara Lynn Loughrey. (Loughrey, Tamara) |
| Filing 115 NOTICE OF CHANGE OF FIRM NAME by Ruthie Garcia, Shannon Ingersoll. (Spinelli, Domenic) |
| Filing 114 NOTICE of Unavailability by All Plaintiffs. Attorney Arnold, Justin Daniel added. (Arnold, Justin) |
| Filing 113 MINUTES (Text Only) for proceedings held before Magistrate Judge Dale A. Drozd: SETTLEMENT CONFERENCE held on 6/24/2010; CASE NOT SETTLED. The parties will contact the Court for a future settlement conference date. Present for Plaintiffs: Justin Arnold, Christopher Ide, Julia Levitskaia, Gina Mattis, Melani Monk Laura Williams, Robert Williams. Present for Defendants: Domenic Spinelli, Robert Johnson, J. Scott Smith, Oscar Pardo, David Singer, Claudia Leed, Jim Schillinger. (Jones, K) |
| Filing 112 NOTICE of Submission of Confidential Settlement Conference Statement Pursuant to Local Rule 270(d) by Benicia Unified School District. (Leed, Claudia) |
| Filing 111 NOTICE of Submission of Confidential Settlement Conference Statement Pursuant to Local Rule 270(d by Sandra Perez, Karla Buckley. (Johnson, Robert) Modified on 6/21/2010 (Carlos, K). |
| Filing 110 NOTICE of Waiver of Disqualification of Settlement Judge Pursuant to Local Rule 270(b ) by Benicia Unified School District. (Leed, Claudia) |
| Filing 109 NOTICE of Submission of Confidential Settlement Conference Statement by Mary Ellen Haddock, Solano County Office of Education, Jay Speck. (Smith, J.) |
| Filing 108 NOTICE of Submission of Confidential Settlement Conference Statement per Local Rule 270(d) by Maxim Healthcare Services, Inc.. (Pardo, Oscar) |
| Filing 107 NOTICE Of Submission of Confidential Settlement Conference Statement Pursuant to Local Rule 270(d) by all plaintiffs. (Loughrey, Tamara) |
| Filing 106 NOTICE of SUBMISSION of Confidential Settlement Conference Statement by Shannon Ingersoll, Ruthie Garcia. (Spinelli, Domenic) Modified on 6/18/2010 (Duong, D). |
| Filing 105 NOTICE of Waiver of Disqualification of Settlement Judge Pursuant to Local Rule 270(b) by Mary Ellen Haddock, Solano County Office of Education, Jay Speck. (Smith, J.) |
| Filing 104 NOTICE of Waiver of Disqualification of Settlement Judge Pursuant to Local Rule 270(b) by Maxim Healthcare Services, Inc. (Pardo, Oscar) |
| Filing 103 NOTICE of Waiver of Disqualification of Settlement Judge Pursuant to Local Rule 270(b) by Sandra Perez, Karla Buckley. (Johnson, Robert) |
| Filing 102 NOTICE of Waiver of Disqualification of Settlement Judge Pursuant To Local Rule 270 (b) by all plaintiffs. (Loughrey, Tamara) |
| Filing 101 AMENDED MINUTE ORDER: (TEXT ONLY) by Crd for Magistrate Judge Dale A. Drozd on 6/10/10. The start time for the Settlement Conference set for 6/24/2010 is changed from 10:00 AM to 11:00 AM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd. (Buzo, P) |
| Filing 100 NOTICE Of Waiver of Disqualification of Settlement Judge Pursuant to Local Rule 270(b) by Shannon Ingersoll, Ruthie Garcia. (Spinelli, Domenic) |
| Filing 99 MINUTE ORDER: (TEXT ONLY) by Crd for Magistrate Judge Dale A. Drozd on 6/7/10. IT IS HEREBY ORDERED: Pursuant to the #95 Amended Stipulation and Order of referral by the Honorable Morrison C. England, Jr., an Early Settlement Conference is set for 6/24/2010 at 10:00 AM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd. The parties are directed to submit confidential settlement conference statements on or before June 17, 2010, to the following email address: [email protected]. Additionally, each party shall file a Notice of Submission of Confidential Settlement Conference Statement. (see L.R. 270 (d)). All parties are required to have principals present at the settlement conference. Furthermore, all parties are to file a waiver of disqualification allowing the assigned magistrate judge to act as settlement judge. (see L.R. 270 (b)).I HEREBY CERTIFY that the foregoing is a true and correct statement of an order made in the above-captioned case. (Buzo, P) |
| Filing 98 ANSWER to #97 THIRD PARTY COMPLAINT of Plaintiff Benicia Unified School District by Maxim Healthcare Services, Inc. (Pardo, Oscar) Modified on 5/3/2010 (Duong, D). |
| Filing 97 THIRD PARTY COMPLAINT against Maxim Healthcare Services, Inc. by Benicia Unified School District.(Leed, Claudia) |
| Filing 96 ANSWER to THIRD PARTY COMPLAINT by Third-Party Defendant, Maxim Healthcare Services, Inc..; Attorney Pardo, Oscar Amor added.(Pardo, Oscar) Modified on 4/21/2010 (Carlos, K). |
|
Filing 95
AMENDED ORDER signed by Judge Morrison C. England, Jr on 04/16/10 electing Referral of Action to the Court's Settlement Conference Program. (Williams, D)
|
| Filing 94 SUMMONS RETURNED EXECUTED: Maxim Healthcare Services, Inc. served on 3/16/2010, answer due 4/6/2010. (Smith, J.) |
| [TEXT ONLY ENTRY] REMOVAL from VDRP, terminating VDRP party. This case has been removed from the VDRP process.(Martinez, L) |
| Filing 93 STIPULATION and PROPOSED ORDER for to Elect Referral of Action to Court's Settlement Conference Program by D. K.. (Loughrey, Tamara) |
| Filing 92 STIPULATION to Extend Time for Third Party Defendant Maxim Healthcare to Respond to SCOE Third Party Impleader Complaint by Maxim Healthcare Services, Inc.. Attorney Beach, David Fernando added. (Beach, David) |
|
Filing 91
STIPULATION and ORDER #90 , signed by Judge Morrison C. England, Jr., on 3/22/10, ORDERING case Referred to VDRP. The Parties further agree and request that Magistrate Judge Dale A. Drozd be assigned as the mediator in this case.(Kastilahn, A)
|
| Filing 90 STIPULATION and PROPOSED ORDER for To Elect Referral Of Action To Voluntary Dispute Resolution Program by D. K.. (Loughrey, Tamara) |
|
Filing 89
ORDER signed by Judge Morrison C. England, Jr on 2/26/10 ORDERING dft Benicia Unified School District's ex parte request for leave of court to file a Third Party Complaint against Maxim Healthcare Services, Inc. #86 is GRANTED and ORDERS the Proposed Third Party Complaint to be filed and that Summons be issued for service on Maxim Healthcare Services. (Carlos, K)
|
| Filing 88 PROPOSED ORDER for Leave to File A Third Party Complaint re #86 Ex Parte Application by Benicia Unified School District. (Leed, Claudia) Modified on 2/25/2010 (Becknal, R). |
| Filing 87 DECLARATION of Claudia Leed re #86 Ex Parte Application. (Leed, Claudia) |
| Filing 86 EX PARTE APPLICATION by Benicia Unified School District for Leave to File A Third Party Complaint. (Attachments: #1 Exhibit A)(Leed, Claudia) Modified on 2/25/2010 (Becknal, R). |
| Filing 85 SUMMONS ISSUED as to *Maxim Healthcare Services, Inc.* with answer to complaint due within *21* days. Attorney *J. Scott Smith, Esq.* *Angelo, Kilday & Kilduff* *601 University Avenue, Suite 150* *Sacramento, CA 95825*. (Engbretson, K.) |
| Filing 84 THIRD PARTY COMPLAINT against Maxim Healthcare Services, Inc. by Mary Ellen Haddock, Jay Speck, Solano County Office of Education. (Attachments: #1 Exhibit A)(Engbretson, K.) |
|
Filing 83
ORDER signed by Judge Morrison C. England, Jr. on 2/10/2010 GRANTING #76 application to file third party complaint. The Court orders the proposed third party complaint be filed and that summons be issued for service on Maxim Healthcare Services. (Engbretson, K.)
|
| Filing 82 STATEMENT of Non-Opposition to #76 Ex Parte Application. (Johnson, Robert) Modified on 2/11/2010 (Mena-Sanchez, L). |
| Filing 81 PROPOSED ORDER re #76 Ex Parte Application, #78 Third Party Complaint by Solano County Office of Education. (Smith, J.) |
| Filing 80 STATEMENT of Defendants Shannon Ingersoll's and Ruth Garcia's Non-Opposition to #76 Ex Parte Application, #78 Third Party Complaint. (Spinelli, Domenic) Modified on 2/11/2010 (Mena-Sanchez, L). |
|
Filing 79
MINUTE ORDER (Text Only): The Court received the #76 Ex Parte Application to file a Third Party Complaint. Pursuant to Local Rule 137(b), regarding the requirements for proper filing of a proposed order, you are required to email a proposed order (in WordPerfect or Microsoft Word) to chambers in addition to filing the pdf version via the CM/ECF system. Pursuant to Local Rule 101, the definition for "signature", you may enter /s/ for signatures for all counsel. Please submit your proposed order today, in word processing format to: [email protected]. Signed by Judge Morrison C. England, Jr on 2/9/2010. (Jones, K)
|
| Filing 78 PROPOSED THIRD PARTY COMPLAINT against Maxim Healthcare Services, Inc. by Solano County Office of Education. (Attachments: #1 Exhibit A)(Smith, J.) |
| Filing 77 DECLARATION of J. Scott Smith re #76 Ex Parte Application. (Smith, J.) |
| Filing 76 EX PARTE APPLICATION by Solano County Office of Education for Leave to File a Third Party Complaint. (Smith, J.) |
|
Filing 75
PRETRIAL SCHEDULING ORDER signed by Judge Morrison C. England, Jr on 12/10/09: Designation of Expert Witnesses due by 12/6/2011. Discovery due by 10/6/2011. Dispositive Motions due by 2/6/2012. Final Pretrial Conference set for 6/21/2012 at 02:00 PM in Courtroom 7 (MCE) before Judge Morrison C. England Jr.. Jury Trial set for 8/20/2012 at 09:00 AM in Courtroom 7 (MCE) before Judge Morrison C. England Jr.. (Kaminski, H)
|
| Filing 74 JOINT STATUS REPORT by M. W., L. W., B. W., Mary Ellen Haddock, Solano County Office of Education, Jay Speck, Sandra Perez, Bonnie Weidel, Karla Buckley, Shannon Ingersoll, Ruthie Garcia, D. K., G. M.. Attorney Loughrey, Tamara Lynn added. (Loughrey, Tamara) |
| Filing 73 ANSWER to AMENDED COMPLAINT Fourth Amended Complaint by Sandra Perez, Karla Buckley.(Johnson, Robert) |
| Filing 72 ANSWER to AMENDED COMPLAINT by Shannon Ingersoll, Ruthie Garcia.(Spinelli, Domenic) Modified on 11/9/2009 (Engbretson, K.). |
| Filing 71 ANSWER to AMENDED COMPLAINT by Mary Ellen Haddock, Solano County Office of Education, Jay Speck.(Smith, J.) |
| Filing 70 ANSWER to AMENDED COMPLAINT by Benicia Unified School District.(Leed, Claudia) |
| PARTY UPDATE: Dee Alarcon; Larry Asera; Mayrene Bates; Benicia Unified School District Board of Education; Clare Davies; Dana Dean; Douglas Ford; John Galvan; Patrick Holland; Maria Kennedy; Jo Ann Severson; Ray Silva; Solano County Board of Education; Jeanne Steinmann; Andre Stewart; Rosie Switzer; Rozzana Verder-Aliga; Sandra - and Janice Adams terminated. (Duong, D) |
| Filing 69 FOURTH AMENDED COMPLAINT against Mary Ellen Haddock, Solano County Office of Education, Jay Speck, Sandra Perez, Benicia Unified School District, Karla Buckley, Shannon Ingersoll, Ruthie Garcia by D. K. (Attachments: #1 Exhibit A)(Loughrey, Tamara) Modified on 10/26/2009 (Duong, D). |
|
Filing 68
ORDER signed by Judge Morrison C. England, Jr on 10/2/2009 ORDERING #58 Amended Motion to Dismiss is granted in part and denied in part; Pltfs may file a Fourth Amended Complaint, should they choose to do so, not later than 20 calendar days.(Matson, R)
|
| Filing 67 NOTICE OF CHANGE OF FIRM NAME by all plaintiffs. (Loughrey, Tamara) |
| Filing 66 OPPOSITION by D. K. to #58 Amended #52 Motion to Dismiss Third Amended Complaint. (Loughrey, Tamara) |
| Filing 65 ANSWER to AMENDED COMPLAINT by Mary Ellen Haddock; and PARTIAL JOINDER in #58 Amended Motion to Dismiss Third Amended Complaint. Attorney Smith, J. Scott added. (Smith, J.) Modified on 8/18/2009 (Marciel, M). |
|
Filing 64
MINUTE ORDER (Text Only): On the Court's own motion and pursuant to Local Rule 78-230(h), the Defendants' Motion to Dismiss #58 , scheduled for hearing on 8/13/2009, is submitted without oral argument. The hearing date of 8/13/2009 is vacated. If the Court determines that oral argument is needed, it will be scheduled at a later date.Signed by Judge Morrison C. England, Jr. on 8/11/2009. (Deutsch, S)
|
| Filing 63 REPLY by Benicia Unified School District, Janice Adams, Clare Davies, Benicia Unified School District Board of Education, Jeanne Steinmann, Jo Ann Severson, Andre Stewart, Rosie Switzer, Bonnie Weidel, Dana Dean, Patrick Holland to RESPONSE to #58 Amended #52 Motion to Dismiss Third Amended Complaint. Attorney Alberts, Katherine Ann added. (Alberts, Katherine) |
| Filing 62 PROPOSED ORDER re #61 Opposition to Motion. (Loughrey, Tamara) Modified on 7/28/2009 (Kastilahn, A). |
| Filing 61 OPPOSITION by D. K. to #58 Amended #52 Motion to Dismiss Third Amended Complaint. (Loughrey, Tamara) |
| Filing 60 STIPULATION for Extension and Electronic Service of Rule 26 Disclosures by Solano County Office of Education, Solano County Board of Education, Mayrene Bates, John Galvan, Maria Kennedy, Ray Silva, Larry Asera, Dee Alarcon, Douglas Ford, Rozzana Verder-Aliga. (Smith, J.) |
| Filing 59 STIPULATION and Amendment to Joint Status Report Filed June 9, 2008 by Shannon Ingersoll, Ruthie Garcia. (Spinelli, Domenic) |
| Filing 58 AMENDED #52 MOTION to Dismiss Third Amended Complaint by defendants. Motion Hearing set for 8/13/2009 at 02:00 PM in Courtroom 7 (MCE) before Judge Morrison C. England Jr.. (Leed, Claudia) Modified on 6/17/2009 (Marciel, M). |
| Filing 57 ANSWER and PARTIAL JOINDER in Benecia Unified School District's #52 Motion to Dismiss Third Amended Complaint filed by defendants. Attorney Smith, J. Scott added. (Smith, J.) Modified on 6/16/2009 (Marciel, M). |
| Filing 56 ANSWER to THIRD AMENDED COMPLAINT by defendants Sandra Perez, Karla Buckley. (Johnson, Robert) Modified on 6/16/2009 (Marciel, M). |
|
Filing 55
MINUTE ORDER (Text Only): The Court is in receipt of Defendants' Motion to Dismiss #52 . The Motion as filed is deficient and the Defendants are directed to renotice the Motion in compliance with Local Rule 78-230(a). Accordingly, the 7/17/2009 hearing date is vacated. Signed by Judge Morrison C. England, Jr. on 6/15/2009. (Deutsch, S)
|
| Filing 54 REQUEST for JUDICIAL NOTICE by defendants in support of #52 Motion to Dismiss Third Amended Complaint. (Leed, Claudia) Modified on 6/16/2009 (Marciel, M). |
| Filing 53 MEMORANDUM of Points and Authorities in support of #52 Motion to Dismiss Third Amended Complaint by defendants. (Leed, Claudia) Modified on 6/16/2009 (Marciel, M). |
| Filing 52 MOTION to DISMISS by defendants. Motion Hearing set for 7/17/2009 at 09:00 AM in Courtroom 7 (MCE) before Judge Morrison C. England Jr.. (Leed, Claudia) Modified on 6/16/2009 (Marciel, M). |
| Filing 51 ANSWER to THIRD AMENDED COMPLAINT for Violation of Civil Rights; Damages, Declartory, and Injunctive Relief by defendants Shannon Ingersoll, Ruthie Garcia. (Spinelli, Domenic) Modified on 6/16/2009 (Marciel, M). |
| Filing 50 THIRD AMENDED COMPLAINT against all defendants by D. K. (Attachments: #1 Exhibit A)(Loughrey, Tamara) |
|
Filing 49
STIPULATION and ORDER signed by Judge Morrison C. England, Jr on 5/22/09 re #47 ORDERING that plts is allowed to file their Third Amended Complaint and the dfts will respond within 20 days of the date on which the third amended complaint is filed by plts. (Duong, D)
|
|
Filing 48
MINUTE ORDER (Text Only): Plaintiffs' Motion to Stay Proceedings #31 is rendered moot by the provisions of the Stipulation and Order filed on March 25, 2009 #44 . Accordingly, the Motion is DENIED. Signed by Judge Morrison C. England, Jr. on 5/22/2009. (Deutsch, S)
|
| Filing 47 STIPULATION and PROPOSED ORDER rr Leave to File Third Amended Complaint by Benicia Unified School District, Janice Adams, Clare Davies, Benicia Unified School District Board of Education, Jo Ann Severson, Patrick Holland. Attorney Alberts, Katherine Ann added. (Alberts, Katherine) Modified on 5/20/2009 (Kaminski, H). |
| Filing 46 SUMMONS ISSUED as to *Mary Ellen Haddock, Jay Speck* with answer to complaint due within *20* days. Attorney *Tamara Loughrey* *Loughrey & Woelfel, LLP* *220 4th Street, Suite 103* *Oakland, CA 94607*. (Marciel, M) |
| Filing 45 SECOND AMENDED COMPLAINT against all defendants by D. K.. (Attachments: #1 Exhibit A)(Loughrey, Tamara) |
|
Filing 44
STIPULATION and ORDER signed by Judge Morrison C. England, Jr on 3/23/09 ORDERING any amended complaint to be filed by pltfs in accordance with this order shall be filed not later than 4/30/09. (Carlos, K)
|
| Filing 43 STIPULATION and PROPOSED ORDER for Leave to Amend Complaint by Solano County Office of Education, Solano County Board of Education, Mayrene Bates, John Galvan, Maria Kennedy, Ray Silva, Larry Asera, Dee Alarcon, Douglas Ford, Rozzana Verder-Aliga. (Smith, J.) |
|
Filing 42
MINUTE ORDER (Text Only): On the Court's own motion and pursuant to Local Rule 78-230(h), the Plaintiffs' Motion for Stay #31 , scheduled for hearing on 3/5/2009, is submitted without oral argument. The hearing date of 3/5/2009 is vacated. If the Court determines that oral argument is needed, it will be scheduled at a later date.Signed by Judge Morrison C. England, Jr. on 3/4/2009. (Deutsch, S)
|
| Filing 41 NOTICE of CHANGE of ADDRESS by Tamara Lynn Loughrey. (Loughrey, Tamara) |
|
Filing 40
MINUTE ORDER (Text Only): Given Defendants' representation that negotiations between the parties are ongoing to resolve the proceedings that are the subject of the Motion to Stay #31 presently before the Court, Plaintiff's 2/20/2009 Motion to Stay is vacated and continued to March 5, 2009 at 2:00 p.m. in Courtroom 7 in order to allow that process to continue.Signed by Judge Morrison C. England, Jr. on 2/19/2009. (Deutsch, S)
|
| Filing 39 REPLY/RESPONSE to Defendants Opposition To Motion To Stay Proceedings by D. K.. (Loughrey, Tamara) |
| Filing 38 JOINDER by Benicia Unified School District, Janice Adams, Clare Davies, Benicia Unified School District Board of Education, Jeanne Steinmann, Jo Ann Severson, Andre Stewart, Rosie Switzer, Bonnie Weidel, Dana Dean, Patrick Holland in opposition to #31 MOTION to STAY .(Leone, Louis) Modified on 2/5/2009 (Kaminski, H). |
| Filing 37 NOTICE of APPEARANCE by Claudia Leed on behalf of Benicia Unified School District, Janice Adams, Clare Davies, Benicia Unified School District Board of Education, Jeanne Steinmann, Jo Ann Severson, Andre Stewart, Rosie Switzer, Bonnie Weidel, Dana Dean, Patrick Holland. (Leone, Louis) Modified on 2/5/2009 (Kaminski, H). |
| Filing 36 JOINDER by Karla Buckley, Sandra Perez in opposition to #31 MOTION to STAY (Johnson, Robert) Modified on 2/5/2009 (Kaminski, H). |
| Filing 35 JOINDER by Shannon Ingersoll, Ruthie Garcia in opposition to #31 MOTION to STAY. (Spinelli, Domenic) Modified on 2/5/2009 (Kaminski, H). |
| Filing 34 DECLARATION of J. Scott Smith in Opposition to #31 MOTION to STAY. (Attachments: #1 Exhibit A, #2 Exhibit B)(Smith, J.) Modified on 2/4/2009 (Kaminski, H). |
| Filing 33 OPPOSITION by Solano County Office of Education, Solano County Board of Education, Mayrene Bates, John Galvan, Maria Kennedy, Ray Silva, Larry Asera, Dee Alarcon, Douglas Ford, Rozzana Verder-Aliga to #31 MOTION to STAY. (Smith, J.) Modified on 2/4/2009 (Kaminski, H). |
| Filing 32 PROPOSED ORDER re #31 MOTION to STAY Proceedings by D. K. (Loughrey, Tamara) Modified on 12/24/2008 (Duong, D). |
| Filing 31 MOTION to STAY Proceedings by D. K. Motion Hearing set for 2/20/2009 at 09:00 AM in Courtroom 7 (MCE) before Judge Morrison C. England Jr. (Loughrey, Tamara) Modified on 12/24/2008 (Duong, D). |
|
Filing 30
MEMORANDUM AND ORDER signed by Judge Morrison C. England, Jr on 12/12/08 GRANTING #8 Motion to Dismiss insofar as it pertains to Plaintiffs GM, LW and BW; and GRANTING the dismissal of Plaintiffs' state law tort claims against Defendants in their official capacities because the requisite statutory duty has not been identified to support any such liability; and Plaintiff's Ninth Cause of Action is DISMISSED as to Plaintiffs GM, LW and BW and Plaintiff's Tenth and Eleventh Claims are DISMISSED pursuant to Rule 12(b)(6). And GRANTING #11 Motion to Dismiss the Fourth, Fifth and Seventh Causes of Action in their entirety. Plaintiffs may file a Second Amended Complaint, should they choose to do so, not later than 20 days following the date of this Order. (Streeter, J) Modified on 12/16/2008 (Streeter, J).
|
|
Filing 29
ORDER signed by Judge Morrison C. England, Jr on 12/01/08 GRANTING in part and DENYING in part #12 Motion to Dismiss; pltfs' First, Second, Third, Fourth, Ninth, Tenth, Eleventh, and Twelfth Causes of Action are dismissed against Superintendent Alarcon and the Solano Board Members; Leave to amend will be granted except as to the First and Second Causes of Action for which any further amendments would be futile; pltfs' Second and Fourth Causes of Action are dismissed against SCOE and SCBE with leave to amend; the Twelfth Cause of Action is dismissed against SCOE and SCBE without leave to amend; pltfs may file an amended complaint, if they choose to do so, not later than 20 days following the date of this order. (Manzer, C)
|
| Filing 28 NOTICE OF UNAVAILABILITY by all plaintiffs. (Loughrey, Tamara) |
|
Filing 27
MINUTE ORDER (Text Only): On the Court's own motion and pursuant to Local Rule 78-230(h), the Defendants' Motions to Dismiss #8 #11 and #12 , scheduled for hearing on 8/8/2008, are submitted without oral argument. The hearing date of 8/8/2008 is vacated. If the Court determines that oral argument is needed, it will be scheduled at a later date.Signed by Judge Morrison C. England, Jr. on 8/6/2008. (Deutsch, S)
|
| Filing 26 REPLY by Solano County Office of Education, Solano County Board of Education, Mayrene Bates, John Galvan, Maria Kennedy, Ray Silva, Larry Asera, Dee Alarcon, Douglas Ford, Rozzana Verder-Aliga to RESPONSE to #12 MOTION to DISMISS. (Smith, J.) |
| Filing 25 [DISREGARD (atty to refile signed document)]REPLY by Solano County Office of Education, Solano County Board of Education, Mayrene Bates, John Galvan, Maria Kennedy, Ray Silva, Larry Asera, Dee Alarcon, Douglas Ford, Rozzana Verder-Aliga to RESPONSE to #12 MOTION to DISMISS. (Smith, J.) Modified on 8/5/2008 (Kaminski, H). |
| Filing 24 EXHIBIT A to Reply Brief re #8 MOTION to DISMISS Third Amended Complaint filed by Karla Buckley, Sandra Perez. Modified on 8/5/2008 (Kaminski, H). |
| Filing 23 CERTIFICATE of SERVICE #22 by Shannon Ingersoll, Ruthie Garcia. (Spinelli, Domenic) Modified on 8/1/2008 (Reader, L). |
| Filing 22 REPLY by Shannon Ingersoll, Ruthie Garcia to plaintiffs' opposition to #11 motion to dismiss. (Spinelli, Domenic) Modified on 8/4/2008 (Kaminski, H). |
| Filing 21 REPLY by Karla Buckley, Sandra Perez to OPPOSITION to #8 MOTION to DISMISS First Amended Complaint. (Johnson, Robert) Modified on 8/1/2008 (Reader, L). |
| Filing 20 CERTIFICATE of SERVICE by M. W. #16 , #17 , #18 , #19 By Personal Service (Loughrey, Tamara) Modified on 8/1/2008 (Reader, L). |
| Filing 19 PROPOSED ORDER re Motion to Dismiss claims pursuant to Rule 12 of the FRCP by M. W.. (Loughrey, Tamara) Modified on 8/1/2008 (Reader, L). |
| Filing 18 MEMORANDUM of points and authorities in support of opposition to #11 MOTION TO DISMISS (Loughrey, Tamara) Modified on 7/25/2008 (Kaminski, H). |
| Filing 17 MEMORANDUM of points and authorities in support of opposition to #12 MOTION TO DISMISS PLAINTIFFS (Loughrey, Tamara) Modified on 7/25/2008 (Kaminski, H). |
| Filing 16 MEMORANDUM of points and authorities in support of OPPOSITON to #8 MOTION TO DISMISS (Loughrey, Tamara) Modified on 7/25/2008 (Kaminski, H). |
| Filing 15 CERTIFICATE of SERVICE by Shannon Ingersoll, Ruthie Garcia re #11 MOTION to DISMISS. (Spinelli, Domenic) |
| Filing 14 JOINT STATUS REPORT by M. W., L. W., B. W., Board of Trustees, Sandra -, Solano County Office of Education, Solano County Board of Education, Benicia Unified School District, Mayrene Bates, John Galvan, Maria Kennedy, Ray Silva, Larry Asera, Dee Alarcon, Douglas Ford, Rozzana Verder-Aliga, Janice Adams, Clare Davies, Benicia Unified School District Board of Education, Jeanne Steinmann, Jo Ann Severson, Andre Stewart, Rosie Switzer, Bonnie Weidel, Dana Dean, Patrick Holland, Karla Buckley, Sandra Perez, Shannon Ingersoll, Ruthie Garcia, D. K., G. M.. (Smith, J.) |
| Filing 13 MEMORANDUM/RESPONSE in SUPPORT re #12 MOTION to DISMISS. (Smith, J.) |
| Filing 12 MOTION to DISMISS by Solano County Office of Education, Solano County Board of Education, Mayrene Bates, John Galvan, Maria Kennedy, Ray Silva, Larry Asera, Dee Alarcon, Douglas Ford, Rozzana Verder-Aliga. Attorney Smith, J. Scott added. Motion Hearing set for 8/8/2008 at 09:00 AM in Courtroom 7 (MCE) before Judge Morrison C. England Jr.. (Smith, J.) |
| Filing 11 MOTION to DISMISS by Shannon Ingersoll, Ruthie Garcia. Attorney Spinelli, Domenic D. added. Motion Hearing set for 8/8/2008 at 09:00 AM in Courtroom 7 (MCE) before Judge Morrison C. England Jr.. (Attachments: #1 Memorandum Memorandum of Points and Authorities in Support of Defendants Shannon Ingersoll's and Ruth Garcia's Motion to Dismiss Complaint Pursuant to FRCP 12(b)(6))(Spinelli, Domenic) |
| Filing 10 ANSWER to #6 AMENDED COMPLAINT by Benicia Unified School District, Janice Adams, Clare Davies, Benicia Unified School District Board of Education, Jeanne Steinmann, Jo Ann Severson, Andre Stewart, Rosie Switzer, Bonnie Weidel, Dana Dean, Patrick Holland. Attorney Leone, Louis Anthony added.(Leone, Louis) Modified on 6/10/2008 (Kaminski, H). |
| Filing 9 MEMORANDUM in SUPPORT of #8 MOTION to DISMISS Amended Complaint. (Johnson, Robert) Modified on 6/10/2008 (Kaminski, H). |
| Filing 8 MOTION to DISMISS Third Amended Complaint by Sandra Perez, Karla Buckley. Attorney Johnson, Robert H added. Motion Hearing set for 8/8/2008 at 09:00 AM in Courtroom 7 (MCE) before Judge Morrison C. England Jr. (Johnson, Robert) Modified on 6/10/2008 (Kaminski, H). Modified on 8/1/2008 (Reader, L). |
| Filing 7 AMENDED SUMMONS ISSUED as to *Sandra -, Solano County Office of Education, Solano County Board of Education, Benicia Unified School District, Mayrene Bates, John Galvan, Maria Kennedy, Raymond Silva, Larry Asera, Dee Alarcon, Douglas Ford, Rozzana Verder-Aliga, Janice Adams, Clare Davies, Benicia Unified School District Board of Education, Jeanne Steinmann, Jo Ann Severson, Andre Stewart, Rosie Switzer, Bonnie Weidel, Dana Dean, Patrick Holland, Karla Buckley, Shannon Ingersoll, Ruthie Garcia* with answer to complaint due within *20* days. Attorney *Tamara Loughrey* *31 Panoramic Way* *Suite 200* *Walnut Creek, CA 94597*. (Duong, D) |
| Filing 6 First AMENDED COMPLAINT against all defendants by D. K., G. M..(Loughrey, Tamara) |
| Filing 5 CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: #1 Consent Forms, #2 VDRP Forms) (Engbretson, K.) |
| Filing 4 SUMMONS ISSUED as to *Board of Trustees, Sandra -, Solano County Office of Education, Benicia Unified School District, Dee Alarcon, Jo Ann Severson, Karla Buckley, Shannon Ingersoll, Ruthie Garcia* with answer to complaint due within *20* days. Attorney *Tamara Loughrey* *Loughrey & Woelfel, LLP* *31 Panoramic Way, Suite 200* *Walnut Creek, CA 94597*. (Engbretson, K.) |
| RECEIPT number #CAE200005479 $350.00 by Tamara Loughrey on 3/10/2008. (Engbretson, K.) |
| Filing 2 CIVIL COVER SHEET by D. K., G. M. (Loughrey, Tamara) |
| Filing 1 COMPLAINT For Civil Rights Violations against all defendants by M. W., L. W., B. W.. Attorney Loughrey, Tamara Lynn added.(Loughrey, Tamara) |
Access additional case information on PACER
Use the links below to access additional information about this case on the U.S. Court's PACER system. A subscription to PACER is required.
Access this case on the California Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
