H.W. et al v Eastern Sierra Unified School District, et al
| H. W. and M. K. |
| Eastern Sierra Unified School District, Jason Reed, Cody Carlisle and Don Clark |
| 2:2011cv00531 |
| February 24, 2011 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Gregory G. Hollows |
| Garland E. Burrell |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
59
ORDER signed by Judge Garland E. Burrell, Jr on 10/16/12: Findings and Recommendations filed September 27, 2012, are ADOPTED. Plaintiffs' motion for attorneys' fees filed May 8, 2012 50 , is granted in the amount of $44,650 to be apportioned to each plaintiff in direct proportion to the amount of damages awarded to each plaintiff, against defaulted defendant Carlisle only. This fee award offsets the attorneys' fees previously awarded by the district court on May 22, 2012. Any 42 U.S.C. §1988 fees actually recovered from defendant Carlisle shall be deducted from the contingency fee. (Kaminski, H)
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Filing
55
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 11/26/12 RECOMMENDING that Plaintiffs' Motion for Attorney's fees under 42 U.S.C. §1988, filed 5/8/12, 50 be granted in the amount of $44,650 to be apportioned to each Plaintiff in direct proportion to the amount of damages awarded to each Plaintiff, against defaulted defendant Carlisle only; This fee award offset the attorneys' fees previously awarded by the District Court on 5/22/12; An y 42 U.S.C. §1988 fees actually recovered from defendant Carlisle be deducted from the contingency fee. These Findings and Recommendations are submitted to U.S. District Judge Garland E. Burrell, Jr. Objections to these F&Rs due within fourteen days.(Mena-Sanchez, L)
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Filing
53
ORDER signed by Magistrate Judge Gregory G. Hollows on 5/25/2012 VACATING the Motion Hearing as to 50 Motion for Attorney Fees set for 6/7/2012 at 10:00 AM; SUBMITTING the motion on the record. (Michel, G)
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Filing
52
ORDER signed by Judge Garland E. Burrell, Jr on 5/21/12 ORDERING that the 2/16/2012 Findings and Recommendations are ADOPTED IN PART. Each plaintiff's motion for default judgment against defendant Cody Carlisle is GRANTED. Judgment is rendered to Plaintiff H.W. in care of her Guardian, if H.W. has not attained majority status when payment is made, and to H.W. directly if she has attained majority status, in the total amount of $632,743.67 damages, and $2,459.31 in costs. Counsel shall recover $210,703.64 out of full recovery of the above damages from Carlisle when paid to H.W. The attorneys fee amount shall be offset by any award granted under 42 U.S.C. § 1988. Judgment is rendered to Plaintiff M.K. in care of her Guardian, if M.K. has not attained majority status when payment is made, and to M.K. directly if she has attained majority status, in the amount of $660,000.00 damages and $2,459.31 in costs. Counsel shall recover $219,780.00 out of full recovery of the above damages from Carlisle when paid to M.K. The attorneys' fee amount shall be offset by any award granted under 42 U.S.C. § 1988.(Kastilahn, A)
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Filing
46
ORDER signed by Magistrate Judge Gregory G. Hollows on 4/2/2012 VACATING the Motion Hearing on the 41 Motion to Vacate Order set for 4/12/2012 at 10:00 AM in Courtroom 9 (GGH) before Magistrate Judge Gregory G. Hollows; GRANTING in part, DENYING in part 41 Motion to Vacate Order; DIRECTING the Clerk of Court to seal Exhibit 1 of the Declaration in support of the 41 Motion to Vacate Order at dkt. 41-2. (Michel, G)
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Filing
44
STIPULATION and ORDER signed by Magistrate Judge Gregory G. Hollows on 3/20/2012 PERMITTING Attorney Leonard Herr to provide a copy of this courts order to Eastern Sierra Unified School District, Jason Reed and Don Clark along with SISC II. (Michel, G)
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Filing
38
ORDER signed by Magistrate Judge Gregory G. Hollows on 2/9/12: IT IS HEREBY CONFIRMED that Plaintiffs' motion to seal the evidentiary hearing was granted, but IT IS HEREBY ORDERED that the sealing is without prejudice to a motion to unseal by the dismissed defendants as to them only. The Clerk shall ensure that Mr. Herr is served electronically at his e-mail address set forth on the docket of this case. (Kaminski, H)
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Filing
34
ORDER signed by Judge Garland E. Burrell, Jr., on 1/18/12 ORDERING that pursuant to and based upon 30 the Stipulation and Joint Motion to Dismiss, Jason Reed, Don Clark and Eastern Sierra Unified School District are DISMISSED from this action. Defendant Cody Carlisle remains a party to this action.(Kastilahn, A)
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Filing
33
ORDER signed by Magistrate Judge Gregory G. Hollows on 1/4/2012 ORDERING that an evidentiary hearing is scheduled for February 8, 2012, at 9:00 a.m. in courtroom #9. Plaintiffs shall serve defendant Cody Carlisle immediately with a copy of this order at defendant Carlisle's last known address. (Zignago, K.)
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Filing
31
ORDER signed by Magistrate Judge Gregory G. Hollows on 10/26/11 GRANTING 29 Request to Seal Documents as modified in this order; Plaintiffs' motion for entry of default judgment, including Exhibits 1,2, and 3 only, are permanently sealed from public view, available onloy to court personnel, plaintiffs and their attorneys, and appearing defendants Eastern Sierra Unified School District, Reed, and Clark, and their attorneys. (Meuleman, A)
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Filing
28
ORDER signed by Judge Garland E. Burrell, Jr. on 10/11/2011 ORDERING Plaintiffs' state law claims against the District, Reed, and Clark are DISMISSED; pltfs are GRANTED 14 days from the date on which this order is filed to file a First Amended C omplaint addressing the deficiencies in the dismissed claims. Further, pltfs are notified that this action may be dismissed with prejudice under Rule 41(b) if pltfs fail to file an amended complaint within the prescribed time period. 6 , 7 (Reader, L)
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Filing
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ORDER to SHOW CAUSE AND CONTINUING STATUS (PRETRIAL SCHEDULING) ORDER, signed by Judge Garland E. Burrell, Jr., on 6/17/11. The parties are ORDERED to Show Cause in a writing to be filed no LATER than 4:00 p.m. on 6/27/11 why sanctions should not be imposed against them and/or their counsel under Rule 16(f) of the FRCP for failure to file a timely status report. The written response shall also state whether the parties or their counsel are at fault, and whether a hearing is requested on the OSC. If a hearing is requested, it will be held on 8/1/11, at 9:00 a.m., just prior to the status conference. The Status Conference is CONT'D to 8/1/2011 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell, Jr.. A status report shall be filed no LATER than 14 days prior to the status conference.(Kastilahn, A)
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