H. et al. v. Dry Creek Joint Elementary School District et al.
| Everett H., Rebecca Havey and Heath Havey |
| Dry Creek Joint Elementary School District, Board of Trustees of Dry Creek Joint Elementary School District, Mark Geyer, Evonne Rogers, Lynn Barbaria, Andrew Giannini, California Department of Education and Tom Torlakson |
| Dignity Health, Jessica Enos and Apryl Lucas |
| 2:2013cv00889 |
| May 6, 2013 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Deborah Barnes |
| Morrison C England |
| Civil Rights: Education |
| 20 U.S.C. § 1400 Civil Rights of Handicapped Child |
| Plaintiff |
Docket Report
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| Filing 276 USCA MANDATE as to #271 Notice of Appeal filed. The decision of the District Court is DISMISSED in part and AFFIRMED in part. (Mena-Sanchez, L) |
| Filing 275 USCA MEMORANDUM as to #271 Notice of Appeal filed by Heath Havey, Rebecca Havey, Everett H.. The decision of the District Court is DISMISSED in part and AFFIRMED in part.(Kaminski, H) |
| Filing 274 RECEIPT FOR EXHIBITS returned to Defendant California Department of Education. (Kastilahn, A) |
| Filing 273 USCA CASE NUMBER 18-16642 for #271 Notice of Appeal filed by Heath Havey, Rebecca Havey, Everett H. (York, M) |
| Filing 272 APPEAL PROCESSED to Ninth Circuit re #271 Notice of Appeal filed by Heath Havey, Rebecca Havey, Everett H.. Notice of Appeal filed *8/29/2018*, Complaint filed *5/6/2013* and Appealed Order / Judgment filed *7/31/2018*. Court Reporter: *Jennifer Coulthard*. *Fee Status: Paid on 8/29/2018 in the amount of $505.00* (Attachments: #1 Appeal Information) (Mena-Sanchez, L) |
| Filing 271 NOTICE of APPEAL by Everett H., Heath Havey, Rebecca Havey as to #270 Order on Motion for Judgment. (Filing fee $ 505, receipt number 0972-7839445) (Attachments: #1 Representation Statement (9th Cir Rule 3-2))(Havey, Heath) |
Filing 270
MEMORANDUM AND ORDER signed by District Judge Morrison C. England, Jr. on 07/30/18 DENYING #262 Motion for Judgment and Request for Findings of Fact and Conclusions of Law. (Benson, A.)
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| Filing 269 TRANSCRIPT of Proceedings held on August 8, 2017 - Re: Trial Excerpt - Testimony of Sara Doutre, before District Judge Morrison C. England, Jr, filed by Court Reporter Cathie Bodene, Phone number 916-446-6360 E-mail cbodene@caed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through Court Reporter Cathie Bodene or PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 1/29/2018. Redacted Transcript Deadline set for 2/8/2018. Release of Transcript Restriction set for 4/9/2018. (Bodene, C) |
| Filing 268 MINUTE ORDER (Text Only) issued by courtroom deputy for District Judge, Morrison C. England, Jr.: On the Court's own motion and pursuant to Local Rule 230(g), the Plaintiffs' Motion for Judgment or New Trial (ECF No. 262), scheduled for hearing on November 2, 2017, is submitted without oral argument and the hearing is vacated. If the Court determines that oral argument is needed it will be scheduled at a later date. Any outstanding request for telephonic appearance is denied as moot. (Deutsch, S) |
| Filing 267 REPLY by Everett H., Heath Havey, Rebecca Havey re #266 Opposition to Motion, #262 Motion for Judgment. (Havey, Heath) |
| Filing 266 OPPOSITION by California Department of Education, Tom Torlakson to #262 Motion for Judgment. (Garfinkel, Leonard) |
| Filing 265 [DISREGARD see doc. #266] OPPOSITION by California Department of Education, Tom Torlakson to #262 Motion for Judgment. (Garfinkel, Leonard) Modified on 10/19/2017 (Kaminski, H). |
| Filing 264 TRANSCRIPT REQUEST by California Department of Education. Court Reporter Cathie Bodene. (Garfinkel, Leonard) |
| Filing 263 TRANSCRIPT of Proceedings Order to Show Cause held on 8-28-17, before District Judge Morrison C. England, Jr, filed by Jennifer Coulthard, Phone number 312-617-9858 E-mail jenrmrcrr2@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 10/19/2017. Redacted Transcript Deadline set for 10/27/2017. Release of Transcript Restriction set for 12/26/2017. (Dunn-Coulthard, J) |
| Filing 262 MOTION for JUDGMENT, or in the alternative, for New Trial Under by Everett H., Heath Havey, Rebecca Havey. Motion Hearing set for 11/2/2017 at 02:00 PM in Courtroom 7 (MCE) before District Judge Morrison C. England, Jr. (Attachments: #1 Points and Authorities, #2 Proposed Order)(Havey, Heath) |
| Filing 261 MINUTES (Text Only) for proceedings before District Judge Morrison C. England, Jr.: SHOW CAUSE HEARING held on 8/29/2017. Counsel Nancy J. Sheehan appeared for Respondents Dignity Health, Jessica Enos and Apryl Lucas. Ms. Enos and Ms. Lucas were in attendance as were Austin Stringfellow and April Madison-Ramsey on behalf of Dignity Health. Michael Unimuke also attended as a representative of the California Nurses' Association. Following consultation between the above-enumerated parties, it was agreed that Sierra Nevada Hospital employee Erin Berquist, who was a juror in this case, will be given two options to account for her work status on August 4, 2017, Counsel for Dignity will advise the Court as to Ms. Berquist's decision. Given that agreement, the Order to Show Cause is discharged, but the Court will retain jurisdiction should any issues pertaining to Ms. Berquist's jury service arise in the future. (Deutsch, S) |
| Filing 260 TRANSCRIPT REQUEST by Dignity Health, Jessica Enos, Apryl Lucas for proceedings held on August 28, 2017 before Judge Morrison England. Court Reporter Jennifer Coulthard. (Sheehan, Nancy) |
| SERVICE BY MAIL: 261 Show Cause Hearing served on Dignity Health. (Deutsch, S) |
| Filing 259 RETURN OF TRIAL EXHIBITS to counsel, Heath Havey, for plaintiffs.(Deutsch, S) |
| Filing 258 RESPONSE to ORDER to SHOW CAUSE by Dignity Health, Jessica Enos, Apryl Lucas. (Sheehan, Nancy) |
| Filing 257 RESPONSE to #246 ORDER to SHOW CAUSE by Dignity Health. (Donati, J) (Main Document 257 replaced on 8/24/2017) (Donati, J). |
| Filing 256 RETURN OF TRIAL EXHIBITS and DEPOSITIONS to counsel, Leonard Garfinkel, for the California Department of Education. (Deutsch, S) |
| Filing 254 CERTIFICATE of SERVICE re #247 SUBPOENA ISSUED as to Jessica Enos, #248 SUBPOENA ISSUED as to Apryl Lucas. (Kaminski, H) |
| Filing 255 JUDGMENT dated *8/16/2017* in favor of Defendant against Plaintiff pursuant to #253 Jury Verdict. CASE CLOSED. (Donati, J) |
| Filing 253 UNANIMOUS JURY VERDICT for the defendant, California Department of Education. Case closed. (Deutsch, S) |
| Filing 252 MINUTES DAY 12 for proceedings before District Judge Morrison C. England, Jr.: JURY TRIAL held on 8/16/2017. Jury deliberated and reached a unanimous verdict. Defense verdict published. Jury discharged. (Deutsch, S) |
| Filing 251 JURY COMMUNICATION of the finding of a unanimous verdict. (Deutsch, S) |
| Filing 250 JURY COMMUNICATION received at 10:48 a.m. Court response to communication sent at 11:22 a.m. (Attachments: #1 Court Response)(Deutsch, S) |
| Filing 249 MINUTES DAY 11 for proceedings before District Judge Morrison C. England, Jr.: JURY TRIAL held on 8/15/2017. Plaintiff, Heath Havey, gave his closing and rebuttal arguments. Defense counsel gave his closing argument. The jury deliberated. The jury was ordered to return and continue deliberations at 9:00 a.m., on August 16, 2017. (Attachments: #1 Final Exhibit List) (Deutsch, S) (Additional attachment(s) added on 8/16/2017: #2 Jury Instructions) (Deutsch, S). |
| Filing 248 SUBPOENA ISSUED as to Apryl Lucas re #246 Order to Show Cause. (Michel, G.) |
| Filing 247 SUBPOENA ISSUED as to Jessica Enos re #246 Order to Show Cause. (Michel, G.) |
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Filing 246
ORDER TO SHOW CAUSE signed by District Judge Morrison C. England, Jr. on 8/15/2017 ORDERING Sierra Nevada Memorial Hospital--Dignity Health to show cause why the hospital, Jessica Enos and/or Apryl Lucas or anyone else associated with the decisions concerning the employment of Juror Erin Berquist should not be required to pay $10,000.00 in statutory penalties for twice violating 28 U.S.C. 1875, as authorized by subdivision (b)(3) of the statute; why the hospital should not be ordered to pay Ms. Berquist the appropriate shift differential for the fifth day she worked on July 28, 2017; and why this Court should not appoint counsel to represent Ms. Berquist both in these proceedings and in any future proceedings to ensure that no further punitive action of any kind is taken now, or in the future, against her in retaliation for her public service to this country; ORDERING Jessica Enos, Apryl Lucas and a representative of the hospital and/or Dignity Health to personally appear and provide testimony, as necessary, at the Show Cause Hearing SET for 8/28/2017 at 10:00 AM in Courtroom 7 (MCE) before District Judge Morrison C. England, Jr. (Michel, G.)
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| Filing 245 MINUTES DAY 10 for proceedings before District Judge Morrison C. England, Jr.: JURY TRIAL held on 8/14/2017. Outside the presence of the jury, the Court, counsel and Plaintiff, Heath Havey, reviewed the proposed jury instructions and verdict form. The Court adjourned and continued trial to August 15, 2017, at 10:00 a.m. in courtroom 7. (Deutsch, S) |
| Filing 244 MINUTE ORDER (Text Only) issued by courtroom deputy for District Judge, Morrison C. England, Jr.: On the Court's own motion the August 14, 2017, jury trial is continued to 1:30 p.m. in courtroom 7 with counsel only. (Deutsch, S) |
| Filing 243 MOTION for JUDGMENT (Partial) As a Matter of Law Under Rule 50 by Everett H., Heath Havey, Rebecca Havey. (Attachments: #1 Points and Authorities #2 Proposed Order)(Havey, Heath) |
| Filing 242 REVISED JURY INSTRUCTIONS WITH OBJECTIONS by California Department of Education. (Attachments: #1 Revised Jury Instructions Without Objections)(Garfinkel, Leonard) |
| Filing 241 AMENDED JOINT SPECIAL VERDICT FORM submitted by Plaintiffs Everett H., Heath Havey, Rebecca Havey.(Havey, Heath) |
| Filing 240 MINUTES DAY 9 for proceedings before District Judge Morrison C. England, Jr.: JURY TRIAL held on 8/9/2017. Evidence presented. The defense rested. Jury trial continued with counsel only to August 14, 2017, at 12:00 p.m. Jury trial continued with the jury to August 15, 2017, at 10:00 a.m. (Attachments: #1 Exhibit List, #2 Witness List) (Deutsch, S) |
| Filing 239 MINUTES DAY 8 for proceedings before District Judge Morrison C. England, Jr.: JURY TRIAL held on 8/8/2017. Evidence presented and jury trial continued to August 9, 2017, at 9:00 a.m. in courtroom 7. (Attachments: #1 Exhibit List, #2 Witness List) (Deutsch, S) |
| Filing 236 NOTICE of Errata by California Department of Education. (Attachments: #1 Exhibit)(Garfinkel, Leonard) |
| Filing 238 STIPULATION Regarding Defendant's Trial Exhibit 4M by California Department of Education. (Deutsch, S) |
| Filing 237 MINUTES DAY 7 for proceedings before District Judge Morrison C. England, Jr.: JURY TRIAL held on 8/7/2017. Evidence presented and jury trial continued to August 8, 2017, at 9:00 a.m. in courtroom 7. (Attachments: #1 Exhibit List, #2 Witness List) (Deutsch, S) |
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Filing 235
ORDER signed by District Judge Morrison C. England, Jr on 8/7/17 ORDERING that Chris Vaterlause is Appointed as Guardian Ad Litem for Everett H. related to the disposition of this action. (Becknal, R)
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| Filing 234 EX PARTE APPLICATION to APPOINT GUARDIAN AD LITEM and Proposed Order by Everett H., Heath Havey, Rebecca Havey. (Havey, Heath) Modified on 8/7/2017 (Hunt, G). |
| Filing 233 MINUTES DAY 6 for proceedings before District Judge Morrison C. England, Jr.: JURY TRIAL held on 8/2/2017. Evidence presented and jury trial continued to August 7, 2017, at 9:00 a.m. in courtroom 7. (Attachments: #1 Exhibit List, #2 Witness List, #3 Jury Communication, #4 Jury Communication) (Deutsch, S) |
| Filing 232 MOTION FOR JUDGMENT as a Matter of Law by California Department of Education, Tom Torlakson. (Garfinkel, Leonard) |
| Filing 231 MINUTES DAY 5 for proceedings before District Judge Morrison C. England, Jr.: JURY TRIAL held on 8/1/2017. Evidence presented and jury trial continued to August 2, 2017, at 9:00 a.m. (Attachments: #1 Exhibit List, #2 Witness List, #3 Juror Communication) (Deutsch, S) (Attachment 2 replaced on 8/2/2017) (Deutsch, S). |
| Filing 230 MINUTES DAY 4 for proceedings before District Judge Morrison C. England, Jr.: JURY TRIAL held on 7/31/2017. Evidence presented and jury trial continued to August 1, 2017, at 9:00 a.m. (Attachments: #1 Exhibit List, #2 Witness List, #3 Email Communication) (Deutsch, S) |
| Filing 229 MINUTES DAY 3 for proceedings before District Judge Morrison C. England, Jr.: JURY TRIAL held on 7/26/2017. Evidence presented and jury trial continued to July 31, 2017, at 9:00 a.m. (Attachments: #1 Exhibit List, #2 Witness List, #3 Stipulated Trial Exhibits)(Deutsch, S) |
| Filing 228 JURY NOTE received. (Deutsch, S) |
| Filing 227 MINUTES DAY 2 for proceedings before District Judge Morrison C. England, Jr.: JURY TRIAL held on 7/25/2017. Evidence presented and jury trial continued to July 26, 2017, at 9:00 a.m. (Attachments: #1 Exhibit List, #2 Witness List) (Deutsch, S) |
| Filing 226 MINUTES DAY 1 for proceedings before District Judge Morrison C. England, Jr.: JURY TRIAL held on 7/24/2017. Jury selection began and completed. Counsel gave their opening statements. Jury trial continued to July 25, 2017, at 9:00 a.m. (Deutsch, S) |
| Filing 225 EXHIBIT LIST (Errata re Plaintiffs' Exhibit List) by Everett H., Heath Havey, Rebecca Havey.(Havey, Heath) |
| Filing 224 REQUEST for JUDICIAL NOTICE by Everett H., Heath Havey, Rebecca Havey. (Attachments: #1 Exhibit RJN-Exh 1, #2 Exhibit RJN-Exh 2, #3 Exhibit RJN-Exh 3, #4 Exhibit RJN-Exh 4, #5 Exhibit RJN-Exh 5, #6 Exhibit RJN-Exh 6, #7 Exhibit RJN-Exh 7)(Havey, Heath) |
| Filing 223 NOTICE OF LODGING OF TRIAL EXHIBITS by Everett H., Heath Havey, Rebecca Havey. (Havey, Heath) Modified on 7/21/2017 (Hunt, G). |
| Filing 222 RESPONSE by Everett H., Heath Havey, Rebecca Havey to #218 Request. (Havey, Heath) |
| Filing 221 OBJECTIONS by Plaintiffs Everett H., Heath Havey, Rebecca Havey to #212 Proposed Verdict. (Havey, Heath) |
| Filing 220 SUPPLEMENTAL ERRATA re California Dept. of Education's Exhibit List for Trial by California Department of Education, Tom Torlakson. (Garfinkel, Leonard) Modified on 7/19/2017 (Hunt, G). |
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Filing 219
ORDER signed by District Judge Morrison C. England, Jr. on 7/13/2017 ORDERING that Defendant CA Department of Education to seal the Exhibits in Dkt. #203 -2 through Dkt. #203 -22 having been considered by the court, and good cause having been shown, said documents shall be SEALED until further order of the court, and access shall be limited to the court, court staff and counsel for the parties. (Reader, L) Modified on 8/2/2017 (Reader, L).
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| Filing 218 REQUEST for CLARIFICATION on California Department of Education's Motion in Limine by California Department of Education, Tom Torlakson. (Garfinkel, Leonard) |
| Filing 217 AMENDED #208 JOINT STATEMENT OF THE CASE by California Department of Education, Tom Torlakson. (Garfinkel, Leonard) |
| Filing 216 NOTICE of Request to Seal Document(s) pursuant to L.R. 141 by California Department of Education, Tom Torlakson. (Garfinkel, Leonard) |
| Filing 215 PROPOSED JURY INSTRUCTIONS by California Department of Education, Tom Torlakson.(Garfinkel, Leonard) |
| Filing 214 PROPOSED JURY INSTRUCTIONS by California Department of Education, Tom Torlakson.(Garfinkel, Leonard) |
| Filing 213 PROPOSED JURY INSTRUCTIONS by Everett H., Heath Havey, Rebecca Havey.(Havey, Heath) |
| Filing 212 PROPOSED VERDICT submitted by Plaintiffs Everett H., Heath Havey, Rebecca Havey. (Attachments: #1 Exhibit CDE Objections to Verdict Forms)(Havey, Heath) |
| Filing 211 PROPOSED JURY INSTRUCTIONS by Everett H., Heath Havey, Rebecca Havey.(Havey, Heath) |
| Filing 210 PROPOSED VOIR DIRE by Everett H., Heath Havey, Rebecca Havey.(Havey, Heath) |
| Filing 209 EXHIBIT LIST of Plaintiffs for Trial by Everett H., Heath Havey, Rebecca Havey.(Havey, Heath) |
| Filing 208 JOINT STATEMENT OF THE CASE by Everett H., Heath Havey, Rebecca Havey (Havey, Heath) |
| Filing 207 NOTICE of Lodging Portions of Interrogatories by Everett H., Heath Havey, Rebecca Havey re #200 Pretrial Order,, Set/Reset Deadlines and Hearings,. (Attachments: #1 Exhibit Interrog 1, #2 Exhibit Interr 2, #3 Exhibit Interr 3)(Havey, Heath) |
| Filing 206 NOTICE of Lodging of Deposition Transcripts of Heath Havey and Rebecca Havey by California Department of Education, Tom Torlakson. (Garfinkel, Leonard) |
| Filing 205 NOTICE of Filing of Trial Exhibits by California Department of Education, Tom Torlakson. (Garfinkel, Leonard) |
| Filing 204 PROPOSED VOIR DIRE by California Department of Education, Tom Torlakson.(Garfinkel, Leonard) |
| Filing 203 REQUEST for Judicial Notice for Trial by California Department of Education, Tom Torlakson. (Attachments: #1 Declaration of Len Garfinkel, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit)(Garfinkel, Leonard) Modified on 7/14/2017 (Reader, L). |
| Filing 202 JOINT REQUEST for AV Orientation by Everett H., Heath Havey, Rebecca Havey re #200 Pretrial Order. (Havey, Heath) |
| Filing 201 NOTICE OF ERRATA Errata Re: CDE's Exhibit List for Trial by California Department of Education, Tom Torlakson.(Garfinkel, Leonard) Modified on 7/5/2017 (Kastilahn, A). |
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Filing 200
FINAL PRETRIAL ORDER signed by District Judge Morrison C. England, Jr. on 6/29/2017 ORDERING Jury Trial to 7/24/2017 at 09:00 AM in Courtroom 7 (MCE) before District Judge Morrison C. England, Jr.; Objections due 5 days from the date of this Final Pretrial Order. (Attachments: #1 Attachment F)(Reader, L)
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Filing 199
ORDER signed by District Judge Morrison C. England, Jr. on 6/29/2017 GRANTING #198 CA Department of Education's Request for computer assisted real time reporting for a witness at trial. (Reader, L)
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| Filing 198 REQUEST for computer assisted real time reporting for a witness at trial by California Department of Education. (Attachments: #1 Proposed Order)(Garfinkel, Leonard) Modified on 6/22/2017 (Zignago, K.). |
| Filing 197 MINUTES (Text Only) for proceedings before District Judge Morrison C. England, Jr.: FINAL PRETRIAL CONFERENCE held on 6/15/2017. After argument from counsel, the Court ruled on the motions in limine as stated on the record. The July 24, 2017, jury trial was confirmed at 9:00 a.m. in courtroom 7. A written final pretrial order will issue forthwith. Plaintiffs' Counsel Heath Havey, present. Defendants' Counsel Leonard Garfinkel, present. Court Reporter: Diane Shepard. (Deutsch, S) |
| Filing 196 RESPONSE to #181 Objections to Evidence by Everett H., Heath Havey, Rebecca Havey. (Attachments: #1 Declaration of Heath Havey) (Havey, Heath) |
| Filing 195 REPLY in support of #183 Cross-Motion in Limine by California Department of Education. (Attachments: #1 Supplemental Declaration of Len Garfinkel, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C) (Garfinkel, Leonard) |
| Filing 194 OPPOSITION by Everett H., Heath Havey, Rebecca Havey to #183 Cross Motion in Limine re: Discovery Responses. (Havey, Heath) |
| Filing 193 REPLY by Everett H., Heath Havey, Rebecca Havey re #178 MOTION to AMEND the #45 Amended Complaint. (Havey, Heath) |
| Filing 192 MINUTE ORDER (Text Only) issued by courtroom deputy for District Judge, Morrison C. England, Jr.: The June 15, 2017 Final Pretrial Conference, Motions in Limine Hearing, and Defendant's Motion to Limit Expert Testimony will be held in courtroom 1 at 9:00 a.m. (Deutsch, S) |
| Filing 191 REPLY by California Department of Education re #173 Motion in Limine Number 1, #190 Reply, #182 Opposition to Motion,. (Garfinkel, Leonard) |
| Filing 190 REPLY in support of #173 Motion in Limine Number 1 by Everett H., Heath Havey, Rebecca Havey. (Attachments: #1 Declaration No. 2 of Heath Havey, #2 Exhibit 1, #3 Exhibit 2) (Havey, Heath) |
| Filing 189 REPLY to #184 Opposition to #170 Motion In Limine by California Department of Education. (Attachments: #1 Declaration of Len Garfinkel) (Garfinkel, Leonard) Modified on 6/1/2017 (Michel, G.). |
| Filing 188 OPPOSITION to #178 Motion to Amend the Amended Complaint by California Department of Education. (Attachments: #1 Declaration of Len Garfinkel) (Garfinkel, Leonard) |
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Filing 187
ORDER signed by District Judge Morrison C. England, Jr. on 5/31/2017 ORDERING that the pleadings and exhibits contained at Docket numbers #116 -1, #116 -2, #116 -3, #116 -6, #127 -2, #127 -8, and #128 -1 are SEALED until further order of the Court, and access will be limited to the court, court personnel and counsel for the parties. (Reader, L)
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| Filing 186 MINUTE ORDER (Text Only) issued by courtroom deputy for District Judge, Morrison C. England, Jr.: On the Court's own motion, Defendant CDE's Motion to Limit Expert Testimony #169 , presently set for hearing on June 1, 2017, is continued so that it can be heard concurrently with CDE's remaining Motions in Limine at the Final Pretrial Conference scheduled on June 15, 2017 at 9:00 a.m. in courtroom 7. (Deutsch, S) |
| Filing 185 NOTICE OF REQUEST TO SEAL DOCUMENT(S) pursuant to L.R. 141 by California Department of Education. (Garfinkel, Leonard) |
| Filing 184 OPPOSITION by Everett H., Heath Havey, Rebecca Havey to #170 Motion in Limine. (Attachments: #1 Declaration, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4)(Havey, Heath) Modified on 5/26/2017 (Zignago, K.). |
| Filing 183 CROSS MOTION IN LIMINE Re: Discovery Responses by California Department of Education. Motion Hearing set for 6/15/2017 at 09:00 AM in Courtroom 7 (MCE) before District Judge Morrison C. England Jr.. (Attachments: #1 Points and Authorities, #2 Declaration of Len Garfinkel, #3 Exhibit A, #4 Proposed Order)(Garfinkel, Leonard) Modified on 5/26/2017 (Zignago, K.). |
| Filing 182 OPPOSITION by California Department of Education to #173 Motion in Limine Number 1. (Attachments: #1 Declaration of Len Garfinkel, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F)(Garfinkel, Leonard) Modified on 5/26/2017 (Zignago, K.). |
| Filing 181 OBJECTIONS by Defendant California Department of Education to Plaintiff's evidence for trial. (Garfinkel, Leonard) Modified on 5/26/2017 (Zignago, K.). |
| Filing 180 REPLY by California Department of Education re #169 MOTION to Limit Expert Testimony. (Garfinkel, Leonard) |
| Filing 179 OPPOSITION by Everett H., Heath Havey, Rebecca Havey to #169 Motion to Limit Expert Testimony. (Attachments: #1 Declaration of Heath Havey, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5)(Havey, Heath) |
| Filing 178 MOTION to AMEND the #45 Amended Complaint by Everett H., Heath Havey, Rebecca Havey. Motion Hearing set for 6/15/2017 at 09:00 AM in Courtroom 7 (MCE) before District Judge Morrison C. England Jr.. (Attachments: #1 Points and Authorities, #2 Declaration, #3 Exhibit Proposed TAC (Redline), #4 Exhibit Proposed TAC (Final), #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Proposed Order)(Havey, Heath) |
| Filing 177 MINUTE ORDER (Text Only) issued by courtroom deputy for District Judge, Morrison C. England, Jr.: On the Court's own the June 15, 2017, Final Pretrial Conference and Motions in Limine Hearing is advanced to 9:00 a.m. in courtroom 7. (Deutsch, S) |
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Filing 176
MEMORANDUM AND ORDER signed by District Judge Morrison C. England, Jr. on 5/12/2017 DENYING #143 the CDE's Motion to Strike Plaintiff's Jury Trial Demand. (Reader, L)
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Filing 175
MEMORANDUM AND ORDER signed by District Judge Morrison C. England, Jr. on 5/12/2017 ORDERING while the CDE's Motion for Reconsideration as to the availability of injunctive relief (ECF No. #150 ) is DENIED, the Court GRANTS Plaintiffs' Request for Reconsideration (ECF No. #161 ) as to the availability of compensatory damages for Plaintiffs' allegations of intentional discrimination and retaliation under Title II of the ADA and Section 504 of the Rehabilitation Act, including under a "deliberate indifference" standard. The Court accordingly strikes lines 14-23 from page 25 of its Memorandum and Order filed 9/30/2016 (ECF No. #138 ). (Reader, L) Modified on 5/15/2017 (Reader, L).
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| Filing 174 TRIAL BRIEF by Everett H., Heath Havey, Rebecca Havey.(Havey, Heath) |
| Filing 173 MOTION IN LIMINE Number 1 by Everett H., Heath Havey, Rebecca Havey. Motion Hearing set for 6/15/2017 at 02:00 PM in Courtroom 7 (MCE) before District Judge Morrison C. England Jr. (Attachments: #1 Points and Authorities, #2 Proposed Order, #3 Declaration, #4 Exhibit Exhibit 1, #5 Exhibit Exhibit 2)(Havey, Heath) Modified on 5/12/2017 (Washington, S). |
| Filing 172 PRETRIAL STATEMENT by Defendant California Department of Education.(Garfinkel, Leonard) |
| Filing 171 TRIAL BRIEF by California Department of Education.(Garfinkel, Leonard) |
| Filing 170 MOTION IN LIMINE by California Department of Education. Motion Hearing set for 6/15/2017 at 02:00 PM in Courtroom 7 (MCE) before District Judge Morrison C. England Jr.. (Attachments: #1 Points and Authorities, #2 Exhibit A, #3 Proposed Order)(Garfinkel, Leonard) Modified on 5/12/2017 (Washington, S). |
| Filing 169 MOTION to Limit Expert Testimony by California Department of Education. Motion Hearing set for 6/1/2017 at 02:00 PM in Courtroom 7 (MCE) before District Judge Morrison C. England Jr.. (Attachments: #1 Points and Authorities, #2 Declaration, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Proposed Order)(Garfinkel, Leonard) |
| Filing 168 MINUTE ORDER: (TEXT ONLY) by Courtroom Deputy for Magistrate Judge Deborah Barnes on 5/5/2017. IT IS HEREBY ORDERED: defendant's #167 Motion to Limit Expert Testimony is incorrectly noticed before Magistrate Judge Deborah Barnes, and will not be placed on the court's 5/19/2017, calendar as filed. Defendant's counsel is directed to contact the courtroom deputy to the Honorable Morrison C. England, Jr., to obtain available civil law and motion dates and re-notice their motion. I HEREBY CERTIFY that the foregoing is a true and correct statement of an order made in the above-captioned case. (Buzo, P) |
| Filing 167 MOTION to LIMIT EXPERT TESTIMONY by California Department of Education. Motion Hearing set for 5/19/2017 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. (Attachments: #1 Points and Authorities, #2 Declaration, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Proposed Order)(Garfinkel, Leonard) |
| Filing 166 MINUTE ORDER (Text Only) issued by courtroom deputy for District Judge, Morrison C. England, Jr.: On the Court's own motion the Motion for Reconsideration (ECF No. 150), is vacated and continued to June 1, 2017, at 2:00 p.m. in courtroom 7. (Deutsch, S) |
| Filing 165 NOTICE to RESCHEDULE HEARING on #161 Cross-Motion for Reconsideration: Motion Hearing set for 6/1/2017 at 02:00 PM in Courtroom 7 (MCE) before District Judge Morrison C. England, Jr. (Havey, Heath) |
| Filing 164 MINUTE ORDER (Text Only) issued by courtroom deputy for District Judge, Morrison C. England, Jr.: The Court is in receipt of Plaintiffs' Motion for Reconsideration (ECF No. 161). The motion as filed is deficient and the moving party is directed to only renoticethe motion in compliance with Local Rule 230(b). Accordingly, the May 4, 2017, hearing date is VACATED. Available civil law and motion calendar dates can be found on the Court's website at www.caed.uscourts.gov by following these menu options: Judges/All Judges/Chief United States District Judge Morrison C. England, Jr. (MCE)/Standard Information (under the Case Management Procedures). Reservation of a hearing date is not required. All hearings are at 2:00 p.m. in courtroom 7. (Deutsch, S) |
| Filing 163 OPPOSITION by California Department of Education to #161 Cross-Motion for Reconsideration. (Garfinkel, Leonard) |
| Filing 162 REPLY by California Department of Education re #160 Opposition to Motion. (Garfinkel, Leonard) |
| Filing 161 CROSS-MOTION for RECONSIDERATION re #138 Order on Motion for Summary Judgment by Everett H., Heath Havey, Rebecca Havey. Motion Hearing set for 5/4/2017 at 02:00 PM in Courtroom 7 (MCE) before District Judge Morrison C. England, Jr. (Attachments: #1 Points and Authorities)(Havey, Heath) |
| Filing 160 OPPOSITION by Everett H., Heath Havey, Rebecca Havey to #150 Motion for Reconsideration. (Attachments: #1 Declaration)(Havey, Heath) |
| Filing 159 MINUTES (Text Only) by CRD for SETTLEMENT CONFERENCE proceedings before Magistrate Judge Gregory G. Hollows on 4/5/2017. CASE NOT SETTLED. Plaintiffs Counsel, Heath Havey, present. Defendants Counsel, Leonard Garfinkel, present. Court Reporter/CD Number: 1 of 1. (Anderson, J) |
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Filing 158
STIPULATION AND ORDER signed by District Judge Morrison C. England, Jr. on 3/31/2017 MODIFYING the #145 Supplemental Pretrial Scheduling Order; ORDERING that the joint final pretrial conference statement, trial briefs, and motions in limine be filed by 5/11/2017; ORDERING that oppositions to said motions be filed by 5/25/2017 and that any replies be filed by 6/1/2017; CONTINUING the Final Pretrial Conference to 6/15/2017 at 02:00 PM in Courtroom 7 (MCE) before District Judge Morrison C. England, Jr.; CONTINUING the Jury Trial to 7/24/2017 at 09:00 AM in Courtroom 7 (MCE) before District Judge Morrison C. England, Jr. (Michel, G.)
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| Filing 157 NOTICE of Submission of Confidential Settlement Conference Statement by Everett H., Heath Havey, Rebecca Havey. (Havey, Heath) |
| Filing 156 NOTICE of Submission of Confidential Settlement Conference Statement by California Department of Education. (Garfinkel, Leonard) |
| Filing 155 MINUTE ORDER (Text Only) issued by courtroom deputy for District Judge, Morrison C. England, Jr.: On the Court's own motion the May 18, 2017, Motion for Reconsideration (ECF No. 150) is vacated and ADVANCED to May 4, 2017, at 2:00 p.m. in courtroom 7. (Deutsch, S) |
| Filing 154 EX PARTE APPLICATION by California Department of Education for to Modify Schedulng Order. (Attachments: #1 Stipulation, #2 Proposed Order)(Garfinkel, Leonard) Modified on 3/9/2017 (Becknal, R). |
| Filing 153 MINUTE ORDER (TEXT ONLY) by CRD Magistrate Judge Gregory G. Hollows on 03/08/2017: The parties to this case have #152 Stipulated to reschedule their settlement conference from 4/13/2017 to 4/5/2017 at 1:30 p.m. The 4/13/2017 calendar is therefore VACATED and RESET for 4/5/2017 at 01:30 PM in Courtroom 9 before Magistrate Judge Gregory G. Hollows.(Anderson, J) |
| Filing 152 STIPULATION and PROPOSED ORDER to Reschedule Settlement Conference by California Department of Education. (Attachments: #1 Proposed Order)(Garfinkel, Leonard) Modified on 3/3/2017 (Kastilahn, A). |
| Filing 151 MINUTE ORDER issued by Courtroom Deputy A. Shaddox-Waldrop for Magistrate Judge Gregory G. Hollows on 2/16/2017 : On the Court's own motion the 3/16/2017 Settlement Conference is RESET for 4/13/2017 at 09:00 AM in Courtroom 9 (GGH) before Magistrate Judge Gregory G. Hollows. Confidential Settlement Conference Statements are due no later than 4/6/2017. (TEXT ONLY ENTRY) (Shaddox-Waldrop, A) |
| Filing 150 MOTION for RECONSIDERATION by California Department of Education. Motion Hearing set for 5/18/2017 at 02:00 PM in Courtroom 7 (MCE) before District Judge Morrison C. England, Jr. (Attachments: #1 Points and Authorities, #2 Proposed Order)(Garfinkel, Leonard) |
| Filing 149 MINUTE ORDER (Text Only) issued by courtroom deputy for District Judge, Morrison C. England, Jr.: On the Court's own motion and pursuant to Local Rule 230(g), the Defendant's Motion to Strike (ECF No. 143), scheduled for hearing on December 15, 2016, is submitted without oral argument and the hearing is vacated. If the Court determines that oral argument is needed it will be scheduled at a later date. Any outstanding request for telephonic appearance is denied as moot. (Deutsch, S) |
| Filing 148 REPLY by California Department of Education re #147 Opposition to Motion. (Garfinkel, Leonard) |
| Filing 147 OPPOSITION by Everett H., Heath Havey, Rebecca Havey to #143 Motion to Strike. (Havey, Heath) |
| Filing 146 OBJECTIONS by Defendant California Department of Education to #145 Supplemental Pretrial Scheduling Order. (Garfinkel, Leonard) |
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Filing 145
SUPPLEMENTAL PRETRIAL SCHEDULING ORDER signed by District Judge Morrison C. England, Jr. on 11/10/16 ORDERING that a Final Pretrial Conference is SET for 5/18/2017 at 02:00 PM in Courtroom 7 (MCE) before District Judge Morrison C. England, Jr. with a joint final pretrial conference statement due 04/20/17; trial briefs are due 04/20/17; any Motions in Limine shall be filed by 04/20/17 with oppositions due 05/04/17, and reply due 05/11/17 and hearing at the same time as the Final Pretrial Conference; Jury Trial SET for 7/24/2017 at 09:00 AM in Courtroom 7 (MCE) before District Judge Morrison C. England, Jr. Any objections are due within 7 court days. (Benson, A)
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Filing 144
ORDER signed by Magistrate Judge Gregory G. Hollows on 11/01/2016 ORDERING that a Settlement Conference is set for 3/16/2017 at 09:00 AM in Courtroom 9 (GGH) before Magistrate Judge Gregory G. Hollows. Confidential Settlement Conference Statements are due no later than 03/09/2017. (Butolph, J)
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| Filing 143 MOTION to STRIKE by California Department of Education. Motion Hearing set for 12/15/2016 at 02:00 PM in Courtroom 7 (MCE) before District Judge Morrison C. England Jr.. (Attachments: #1 Notice, #2 Proposed Order)(Garfinkel, Leonard) |
| Filing 142 JOINT NOTICE OF TRIAL READINESS filed by plaintiff(s) and defendant(s).(Garfinkel, Leonard) |
| Filing 141 PROPOSED ORDER re Setting Settlement Conference by Everett H., Heath Havey, Rebecca Havey. (Havey, Heath) |
| Filing 140 MINUTE ORDER (Text Only) issued by courtroom deputy for District Judge, Morrison C. England, Jr.: The parties are ordered to file a Joint Notice of Trial Readiness not later than thirty (30) days after receiving this Court's ruling on the last filed dispositive motion. The parties are to set forth in their Notice of Trial Readiness, the appropriateness of special procedures, whether this case is related to any other case(s) on file in the Eastern District of California, the prospect for settlement, their estimated trial length, any request for a jury, and their availability for trial. After review of the parties' Joint Notice of Trial Readiness, the Court will issue an order that sets forth new dates for a final pretrial conference and trial.(Deutsch, S) |
| Filing 139 MINUTE ORDER (Text Only) issued by courtroom deputy for District Judge, Morrison C. England, Jr.: The parties are ordered to file a Joint Notice of Trial Readiness not later than thirty (30) days after receiving this Court's ruling on the last filed dispositive motion. The parties are to set forth in their Notice of Trial Readiness, the appropriateness of special procedures, whether this case is related to any other case(s) on file in the Eastern District of California, the prospect for settlement, their estimated trial length, any request for a jury, and their availability for trial. After review of the parties' Joint Notice of Trial Readiness, the Court will issue an order that sets forth new dates for a final pretrial conference and trial.(Deutsch, S) |
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Filing 138
MEMORANDUM and ORDER signed by District Judge Morrison C. England, Jr. on 9/29/2016 ORDERING that CDE's #116 Motion for Summary Judgment is GRANTED IN PART and DENIED IN PART. Plaintiffs' corresponding #123 Motion for Summary Judgment is DENIED. Parties are ordered to participate in a settlement conference with Magistrate Judge Gregory G. Hollows and shall contact Judge Hollows directly within fourteen (14) calendar days from the date this order is electronically signed to schedule that conference. (Zignago, K.)
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| Filing 137 NOTICE of CHANGE of ADDRESS by Heath A. Havey. (Havey, Heath) |
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Filing 136
ORDER REASSIGNING CASE by Chief Judge Lawrence J. O'Neill: Due to the appointment of *Magistrate Judge Deborah Barnes* to the bench of the Eastern District of California, this action is reassigned from *Magistrate Judge Edmund F. Brennan* to Magistrate Judge Deborah Barnes for all further proceedings. (Jackson, T)
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| Filing 135 **AMENDED MINUTE ORDER (Text Only) issued by courtroom deputy for Chief District Judge, Morrison C. England, Jr.: On the Court's own motion the June 16, 2016, Final Pretrial Conference and July 25, 2016, Jury Trial are vacated and will be reset after the rulings on the submitted Motions for Summary Judgment (ECF Nos. 116 and 123). **Accordingly, all due dates and deadlines set forth in this case are VACATED. (Deutsch, S) Modified on 4/18/2016 (Deutsch, S). |
| Filing 134 NOTICE OF ERRATA re #123 Motion for Summary Judgment, #124 Opposition, #130 Reply by Plaintiffs Everett H., Heath Havey, Rebecca Havey. (Attachments: #1 Exhibits 1-2) (Havey, Heath) Modified on 3/10/2016 (Michel, G.). |
| Filing 133 MINUTE ORDER (Text Only) issued by courtroom deputy for Chief District Judge, Morrison C. England, Jr.: On the Court's own motion and pursuant to Local Rule 230(g), the Defendants' and Plaintiffs' Motions for Summary Judgment (ECF Nos. 116 and 123), scheduled for hearing on March 10, 2016, are submitted without oral argument and the hearing is vacated. If the Court determines that oral argument is needed it will be scheduled at a later date. Any outstanding request for telephonic appearance is denied as moot. (Deutsch, S) |
| Filing 132 CORRECTED REPLY in support of #123 Motion for Summary Judgment by California Department of Education. (Garfinkel, Leonard) Modified on 3/7/2016 (Michel, G.). |
| Filing 131 MINUTE ORDER (Text Only) issued by courtroom deputy for Chief District Judge, Morrison C. England, Jr.: Having reviewed Defendant California Department of Educations' Request for Leave to file Corrected Reply Brief #129 , and good cause appearing, said request is GRANTED. Defendant is directed to file the proposed corrected brief forthwith. (Deutsch, S) |
| Filing 130 PLAINTIFFS' REPLY in support of #123 Motion for Summary Judgment. (Attachments: #1 Response to Objections to Evidence)(Havey, Heath) Modified on 3/4/2016 (Becknal, R). |
| Filing 129 REQUEST for Leave to file a corrected Reply Brief by California Department of Education re #128 Opposition to Motion, filed by California Department of Education, #127 Reply, filed by California Department of Education. (Attachments: #1 Corrected Reply Brief)(Garfinkel, Leonard) |
| Filing 128 OPPOSITION by California Department of Education to #123 Motion for Summary Judgment. (Attachments: #1 Response CDE's Resp. to P's Stmnt., #2 CDE's Obj. to P's Evidence, #3 Declaration Supp Canty Dec, #4 Declaration Greenwood Dec, #5 Declaration Marsh Dec)(Garfinkel, Leonard) |
| Filing 127 REPLY by California Department of Education re #123 Motion for Summary Judgment, #125 Objections, #124 Opposition to Motion,. (Attachments: #1 Reply to Plaintiffs Objections, #2 Response Reply to Plaintiffs Responses, #3 CDE's Objections to Plaintiffs Evidence, #4 Declaration Supp. Dec. Canty, #5 Declaration Dec. Greenwood, #6 Declaration Dec. Marsh, #7 Declaration Supp. Dec Garfinkel, #8 Declaration Dec. Skinner)(Garfinkel, Leonard) |
| Filing 126 NOTICE of CHANGE of ADDRESS by Heath A. Havey. (Havey, Heath) |
| Filing 125 OBJECTIONS by Plaintiffs Everett H., Heath Havey, Rebecca Havey to #116 MOTION for SUMMARY JUDGMENT. (Havey, Heath) |
| Filing 124 OPPOSITION by Everett H., Heath Havey, Rebecca Havey to #116 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Response , #2 Notice, #3 Declaration, #4 Exhibit , #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit)(Havey, Heath) |
| Filing 123 MOTION FOR SUMMARY JUDGMENT by Everett H., Heath Havey, Rebecca Havey. Motion Hearing SET for 3/10/2016 at 02:00 PM in Courtroom 7 (MCE) before Chief Judge Morrison C. England, Jr. (Attachments: #1 Memorandum of Points and Authorities, #2 Proposed Order, #3 Separate Statement of Undisputed Material Facts, #4 Declaration of Heath A. Havey, #5 Exhibit 1, #6 Exhibit 1 (part 2), #7 Exhibit 1 (part 3), #8 Exhibits 2-7, #9 Exhibit 7 (part 2), #10 Exhibits 8-17, #11 Exhibits 18-33, #12 Request for Judicial Notice) (Havey, Heath) Modified on 2/5/2016 (Michel, G.). |
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Filing 122
JUDGMENT dated *01/25/16* against Dry Creek Joint Elementary School District pursuant to order signed by Chief Judge Morrison C. England, Jr. on 01/21/16. (Benson, A)
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Filing 121
STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr. on 01/21/16 ORDERING the Clerk to enter Judgment against District Defendants only, consistent with the 11/24/15 #110 accepted Rule 68 Offer of Judgment, notice of acceptance. There is no just reason for delay in entering judgment against District Defendants only. The case remains pending against the remaining Defendant, the California Department of Education. (Benson, A)
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Filing 120
ORDER signed by Chief Judge Morrison C. England, Jr. on 01/21/16 ORDERING that the #114 Application for Approval of Minor's Compromise is GRANTED; Court approves acceptance of the Offer of Judgment in favor of Plaintiffs and against only the District Defendants in the amount of $100,000, as a fair and just compromise of Plaintiffs' claims against the District Defendants. Clerk to enter Judgment against the District Defendants pursuant to the offer and acceptance without delay. Father and attorney Heath Havey, as representative for minor Everett H., is appointed as guardian ad litem for Everett H. The proceeds of the Offer of Judgment need not be placed into a special needs trust given Heath Havey's representation that the monies are needed for intensive compensatory education services prior to the minor's entry into high school in the Fall of 2017 and will be spent for that purpose. (Benson, A)
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| Filing 119 EXPERT WITNESS DISCLOSURE of by Everett H., Heath Havey, Rebecca Havey. (Attachments: #1 Expert Report)(Havey, Heath) Modified on 1/25/2016 (Reader, L). |
| Filing 118 EXPERT WITNESS DISCLOSURE by CA Department of Education. (Attachments: #1 Expert Witness Report, #2 Appendices 1 & 2, #3 Appendix 3 Pages 1-36, #4 Appendix 3 Pages 37-75, #5 Appendix 4)(Garfinkel, Leonard) Modified on 1/25/2016 (Reader, L). |
| Filing 117 MINUTES for MOTION HEARING proceedings before Chief Judge Morrison C. England, Jr. on 1/21/2016. The Court heard brief argument regarding Plaintiff's Motion for Approval of Minors Compromise (ECF No. #114 ), and for the reasons set forth on the record, the motion was granted and judgment approved. A formal, written order is forthcoming. Plaintiff's Counsel, Heath Havey, present. Defendants' Counsel, Jessi Gasbarro, present. Court Reporter: Diane Shepard. (Anderson, J) Modified on 1/26/2016 (Anderson, J). |
| Filing 116 MOTION for SUMMARY JUDGMENT by California Department of Education, Tom Torlakson. Motion Hearing set for 3/10/2016 at 02:00 PM in Courtroom 7 (MCE) before Chief Judge Morrison C. England Jr.. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Len Garfinkel, #3 Declaration of Jane Canty, #4 Proposed Order, #5 Request for Judicial Notice, #6 Statement of Uncontroverted Facts)(Garfinkel, Leonard) |
| Filing 115 NOTICE of Non-Opposition to #114 Ex Parte Application for Approval of Minor's Compromise by Lynn Barbaria, Dry Creek Joint Elementary School District, Mark Geyer, Andrew Giannini, Evonne Rogers. (Simmons, Sloan) Modified on 1/11/2016 (Zignago, K.). |
| Filing 114 MOTION for Approval of Minor's Compromise re #112 Stipulation and Proposed Order by Everett H., Heath Havey, Rebecca Havey. Motion Hearing set for 1/21/2016 at 09:00 AM in Courtroom 7 (MCE) before Chief Judge Morrison C. England Jr.. (Attachments: #1 Declaration of Heath Havey)(Havey, Heath) Modified on 1/11/2016 (Zignago, K.). |
| Filing 113 MINUTE ORDER (Text Only) issued by courtroom deputy for Chief District Judge, Morrison C. England, Jr.: Having reviewed the Stipulation and Proposed Order re: Request for Entry of Judgment (ECF No. 112), and given the allegations of Plaintiff's Complaint and Plaintiff Everett H's status as a minor, the Court believes that an Application for Minor's Compromise is necessary before any judgment can be entered. Plaintiffs' counsel is directed to contact the Courtroom Deputy, Stephanie Deutsch, for available dates which can be made available on shortened time as needed.(Deutsch, S) |
| Filing 112 STIPULATION and PROPOSED ORDER regarding Request for Entry of Judgment pursuant to Rule 68 without delay, or in the alternative Rule 54(b) of Federal Rules of Civil Procedure by defendants. (Simmons, Sloan) Modified on 12/23/2015 (Marciel, M) |
| Filing 111 MINUTE ORDER (Text Only) issued by courtroom deputy for Chief District Judge, Morrison C. England, Jr.: On the Court's own motion the June 9, 2016, Final Pretrial Conference is vacated and continued for hearing to June 16, 2016, at 2:00 p.m., in courtroom 7. All due dates and orders set forth in the Court's January 16, 2015, Pretrial Scheduling Order (ECF No. 60) and September 1, 2015, Order (ECF No. 89) are CONFIRMED. (Deutsch, S) |
| Filing 110 NOTICE of ACCEPTANCE with OFFER of JUDGMENT by Heath Havey. (Attachments: #1 Notice of Acceptance of Offer of Judgment, #2 Proof of Service)(Havey, Heath) |
| Filing 109 MINUTES (TEXT ONLY) for SETTLEMENT CONFERENCE proceedings before Magistrate Judge Gregory G. Hollows held on 11/6/2015: CASE NOT SETTLED. Plaintiffs Counsel, Heath A. Havey, present. Defendants Counsel, Leonard Garginkel, Sloan Simmons and Jessi Gasbarro, present. Court Reporter/CD Number: 1. (Anderson, J) |
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Filing 108
ORDER REASSIGNING CASE by Chief Judge Morrison C. England, Jr.: Due to the elevation of Magistrate Judge Dale A. Drozd to the position of District Judge, this action is temporarily assigned to *Magistrate Judge Edmund F. Brennan*. (Zignago, K.)
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| Filing 107 NOTICE OF SUBMISSION OF CONFIDENTIAL SETTLEMENT CONFERENCE STATEMENT by Lynn Barbaria, Dry Creek Joint Elementary School District, Mark Geyer, Andrew Giannini, Evonne Rogers. (Simmons, Sloan) Modified on 11/2/2015 (Michel, G.). |
| Filing 106 NOTICE OF SUBMISSION OF CONFIDENTIAL SETTLEMENT CONFERENCE STATEMENT by California Department of Education. (Garfinkel, Leonard) Modified on 11/2/2015 (Michel, G.). |
| Filing 105 NOTICE OF SUBMISSION OF CONFIDENTIAL SETTLEMENT CONFERENCE STATEMENT by all plaintiffs. (Havey, Heath) Modified on 11/2/2015 (Michel, G.). |
| Filing 104 NOTICE of CHANGE of ADDRESS by Heath A. Havey. (Havey, Heath) |
| Filing 103 MINUTE ORDER: (TEXT ONLY) by Crd for Magistrate Judge Dale A. Drozd on 10/20/2015. IT IS HEREBY ORDERED: The Stipulation and Proposed Order #99 submitted on 10/15/2015, is hereby filed under seal in its entirety. I HEREBY CERTIFY that the foregoing is a true and correct statement of an order made in the above-captioned case. (Buzo, P) |
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Filing 102
STIPULATION and ORDER signed by Magistrate Judge Dale A. Drozd on 10/16/15 re: Scope of pending subpoenas served on third parties San Juan Unified School District and Visions in Education. (Benson, A)
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Filing 101
STIPULATION & #100 PROTECTIVE ORDER for standard litigation signed by Magistrate Judge Dale A. Drozd on 10/16/2015. (Marciel, M)
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| Filing 100 STIPULATION and PROPOSED PROTECTIVE ORDER for standard litigation by defendants. (Simmons, Sloan) Modified on 10/19/2015 (Marciel, M) |
| Filing 99 [SEALED pursuant to 103 Minute Order] STIPULATION and PROPOSED ORDER for Joint Stipulation re: Scope of Pending Subpoenas Served on Third Parties San Juan Unified School District and Visions in Education by Lynn Barbaria, Dry Creek Joint Elementary School District, Mark Geyer, Andrew Giannini, Evonne Rogers. (Attachments: #1 Proposed Order)(Simmons, Sloan) Modified on 10/20/2015 (Donati, J). |
| Filing 98 MINUTES (Text Only) for proceedings before Magistrate Judge Dale A. Drozd: MOTION HEARING held on 10/14/2015 re #96 MOTION to QUASH Subpoenas Issued by District Defendants and for Protective Order filed by Heath Havey, Rebecca Havey, Everett H. After hearing of arguments, for reasons stated on the record, pltf's #96 Motion to Quash granted in part as limited as follows to educational assessments, evaluation reports, signed individualized educational plan, progress reports, report cards, enrollment records, attendance records, standardized testing records, and any communications with Evereth's parents regarding the records delineated above. Court offered two alternative: (1) Grant the subpoena and it be construed as limited to what was placed on the record in open court or (2) the parties prepare a stipulation and proposed order. Parties agreed to prepare a stipulation and proposed order for the court's consideration. Pltf's motion for sanctions denied. Plaintiffs Counsel Heath Havey telephonic. Defendants Counsel Sloan Simmons telephonic. Court Reporter/CD Number: ECRO/1. (Buzo, P) |
| Filing 97 MEMORANDUM by Everett H., Heath Havey, Rebecca Havey in SUPPORT of #96 MOTION to QUASH Subpoenas Issued by District Defendants and for Protective Order. (Havey, Heath) |
| Filing 96 MOTION to QUASH Subpoenas Issued by District Defendants and for Protective Order by Everett H., Heath Havey, Rebecca Havey. Motion Hearing set for 10/16/2015 at 10:00 AM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd. (Attachments: #1 Declaration of Heath A. Havey, #2 Request for Judicial Notice, #3 Proposed Order)(Havey, Heath) |
| Filing 95 EX PARTE APPLICATION to Shorten Time by Everett H., Heath Havey, Rebecca Havey for Hearing on Plaintiffs' Motion to Quash Subpoenas Issued by District Defendants and for Protective Order. (Attachments: #1 Declaration of Heath A. Havey, #2 Proposed Order)(Havey, Heath) |
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Filing 94
ORDER signed by Magistrate Judge Gregory G. Hollows on 10/1/15 ORDERING that (1) the settlement conference is continued from October 15, 2015, to November 6, 2015, at 10:00 a.m., and (2) the due date for settlement conference statements is continued from October 8, 2015, to October 30, 2015. (Becknal, R)
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| Filing 93 MINUTE ORDER (Text Only) issued by courtroom deputy for Chief District Judge, Morrison C. England, Jr.: The court received the Stipulation and Proposed Order for Rescheduling Settlement Conference (ECF No. 92). Pursuant to Local Rule 137(b), regarding the requirements for proper filing of a proposed order, you are required to email the proposed order (in 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 Microsoft Word format to: mceorders@caed.uscourts.gov. (Deutsch, S) |
| Filing 92 STIPULATION and PROPOSED ORDER for Rescheduling Settlement Conference re 66 Clerk's Notice of Docket Correction by California Department of Education, Tom Torlakson. (Attachments: #1 Proposed Order)(Garfinkel, Leonard) |
| Filing 91 REQUEST for Continuance of Settlement Conference; Declaration of Len Garfinkel by California Department of Education, Tom Torlakson re 66 Clerk's Notice of Docket Correction. (Garfinkel, Leonard) Modified on 9/23/2015 (Meuleman, A). |
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Filing 90
AMENDED ORDER #88 signed by Chief Judge Morrison C. England, Jr on 9/14/15 ORDERING that CDE's Motion for Reconsideration of that Order (ECF No. #67 ) is accordingly DENIED. (Becknal, R)
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Filing 89
ORDER signed by Chief Judge Morrison C. England, Jr. on 08/31/15 ORDERING that, except for the limited modifications to the PTSO set forth in the order, Defendant CDE's #78 Motion for Clarification of Scheduling Order and/or Stay and Local Defendant's #72 Motion for Stay of Pretrial Scheduling Order to Modify Scheduling Order Extending Discovery Deadlines, and for Leave of Court to File Two Motions for Summary Judgment are DENIED. (Benson, A)
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Filing 88
ORDER signed by Chief Judge Morrison C. England, Jr. on 08/31/15 ORDERING that CDE's #67 Motion for Reconsideration is DENIED. (Benson, A)
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| Filing 87 RESPONSE by California Department of Education, Tom Torlakson to #81 Request. (Garfinkel, Leonard) |
| Filing 86 RESPONSE by Lynn Barbaria, Dry Creek Joint Elementary School District, Mark Geyer, Andrew Giannini, Evonne Rogers to #81 Request. (Simmons, Sloan) |
| Filing 85 CERTIFICATE of SERVICE by Lynn Barbaria, Dry Creek Joint Elementary School District, Mark Geyer, Andrew Giannini, Evonne Rogers re #83 and #84 . (Simmons, Sloan) Modified on 8/28/2015 (Becknal, R). |
| Filing 84 DECLARATION of Sloan R. Simmons in Support of #72 Motion for Stay of Pretrial Scheduling Order, to Modify Pretrial Scheduling Order Extending Discovery Deadlines, and for Leave of Court to File Two Motions for Summary Judgment if Necessary. (Simmons, Sloan) Modified on 8/28/2015 (Becknal, R). |
| Filing 83 DISTRICT DEFENDANTS' Memorandum of Points and Authorities in Support of Reply to Opposition to #72 Motion for Stay of Pretrial Scheduling Order, to Modify Pretrial Scheduling Order Extending Discovery Deadlines, and for Leave of Court to File Two Motions for Summary Judgment if Necessary. (Simmons, Sloan) Modified on 8/28/2015 (Becknal, R). |
| Filing 82 REPLY by California Department of Education re #78 Motion for clarification of scheduling order and/or stay and extension. (Attachments: #1 Declaration, #2 Proof of Service)(Garfinkel, Leonard) Modified on 8/28/2015 (Becknal, R). |
| Filing 81 PLAINTIFF'S REQUEST for Continuance of the hearing re #72 #76 #78 Motions . (Attachments: #1 Declaration H Havey, #2 Declaration)(Havey, Heath) Modified on 8/28/2015 (Becknal, R). |
| Filing 80 OPPOSITION by Everett H., Heath Havey, Rebecca Havey to #72 MOTION for Stay of Pretrial Scheduling Order, to Modify Pretrial Scheduling Order Extending Discovery Deadlines, and for Leave of Court to File Two Motions for Summary Judgment if Necessary. (Attachments: #1 Declaration of Heath A. Havey)(Havey, Heath) |
| Filing 79 OPPOSITION by Everett H., Heath Havey, Rebecca Havey to #78 MOTION Modify Scheduling Order MOTION to SHORTEN TIME for Hearing on Motion . (Attachments: #1 Declaration of Heath A. Havey)(Havey, Heath) |
| Filing 78 MOTION Modify Scheduling Order ( Motion Hearing set for 9/3/2015 at 02:00 PM in Courtroom 7 (SKO) before Chief Judge Morrison C. England Jr..), MOTION to SHORTEN TIME for Hearing on Motion by California Department of Education, Tom Torlakson. (Attachments: #1 Memorandum, #2 Proposed Order, #3 Ex Parte Application, #4 Declaration, #5 Proposed Order)(Garfinkel, Leonard) |
| Filing 77 PROPOSED ORDER re #76 Application to Shorten Time on Motion for Stay of Pretrial Scheduling Order, to Modify Pretrial Scheduling Order to Extend Discovery Deadlines, and for Leave of Court to File Two Motions for Summary Judgment if Necessary by Lynn Barbaria, Dry Creek Joint Elementary School District, Mark Geyer, Andrew Giannini, Evonne Rogers. (Simmons, Sloan) Modified on 8/6/2015 (Meuleman, A). |
| Filing 76 APPLICATION for Shorten Time to Hear District Defendants' Motion for Stay of Scheduling Order, to Modify Scheduling Order, for Leave of Court to File Two Motions for Summary Judgment if Necessary by Lynn Barbaria, Dry Creek Joint Elementary School District, Mark Geyer, Andrew Giannini, Evonne Rogers re #72 Notice - Other, filed by Andrew Giannini, Dry Creek Joint Elementary School District, Mark Geyer, Evonne Rogers, Lynn Barbaria. (Simmons, Sloan) |
| Filing 75 PROPOSED ORDER re #72 Motion for Stay of Pretrial Scheduling Order, to Modify Pretrial Scheduling Order Extending Discovery Deadlines, and for Leave of Court to File Two Motions for Summary Judgment if Necessary by Lynn Barbaria, Dry Creek Joint Elementary School District, Mark Geyer, Andrew Giannini, Evonne Rogers. (Simmons, Sloan) Modified on 8/6/2015 (Meuleman, A). |
| Filing 74 DECLARATION of Sloan R. Simmons in Support of #72 Motion. (Attachments: #1 Exhibit)(Simmons, Sloan) Modified on 8/6/2015 (Meuleman, A). |
| Filing 73 MEMORANDUM in Support of #72 Motion for Stay of Pretrial Scheduling Order, to Modify Pretrial Scheduling Order Extending Discovery Deadlines, and for Leave of Court to File Two Motions for Summary Judgment if Necessary. (Simmons, Sloan) Modified on 8/6/2015 (Meuleman, A). |
| Filing 72 NOTICE of Motion and MOTION for Stay of Pretrial Scheduling Order, to Modify Pretrial Scheduling Order Extending Discovery Deadlines, and For Leave of Court to File Two Motions for Summary Judgment if Necessary by Lynn Barbaria, Dry Creek Joint Elementary School District, Mark Geyer, Andrew Giannini, Evonne Rogers. (Simmons, Sloan) Modified on 8/6/2015 (Meuleman, A). |
| Filing 71 MINUTE ORDER (Text Only) issued by courtroom deputy for Chief District Judge, Morrison C. England, Jr.: On the Court's own motion and pursuant to Local Rule 230(g), the Defendants' Motion for Reconsideration (ECF No. 67), scheduled for hearing on May 28, 2015, is submitted without oral argument and the hearing is vacated. If the Court determines that oral argument is needed it will be scheduled at a later date. Any outstanding request for telephonic appearance is denied as moot. (Deutsch, S) |
| Filing 70 REPLY by California Department of Education, Tom Torlakson re #69 Opposition to Motion, #67 MOTION for RECONSIDERATION re #35 Memorandum, Opinion & Order,,, Order on Motion to Dismiss,, . (Garfinkel, Leonard) |
| Filing 69 OPPOSITION by Everett H., Heath Havey, Rebecca Havey to #67 MOTION for RECONSIDERATION re #35 Memorandum, Opinion & Order,,, Order on Motion to Dismiss,, . (Attachments: #1 Declaration of Heath A. Havey, #2 Request for Judicial Notice)(Havey, Heath) |
| Filing 68 REQUEST for Status Conference by Lynn Barbaria, Dry Creek Joint Elementary School District, Mark Geyer, Andrew Giannini, Evonne Rogers. (Simmons, Sloan) |
| Filing 67 MOTION for RECONSIDERATION re #35 Order by California Department of Education, Tom Torlakson. Motion Hearing set for 5/28/2015 at 02:00 PM in Courtroom 7 (SKO) before Chief Judge Morrison C. England Jr. (Attachments: #1 Memorandum of Points and Authorities, #2 Proposed Order)(Garfinkel, Leonard) Modified on 4/3/2015 (Meuleman, A). |
| Filing 66 CLERK'S NOTICE of DOCKET CORRECTION re #60 Scheduling Order (Text Only): 10/15/2015 Settlement Conference set for 10/15/2015 at 10:00 AM in Courtroom 9 (GGH) before Magistrate Judge Hollows. (Shaddox-Waldrop, A) |
| Filing 65 RESPONSE by Everett H., Heath Havey, Rebecca Havey to #62 Objections. (Havey, Heath) |
| Filing 64 RESPONSE by Everett H., Heath Havey, Rebecca Havey to #61 Objections. (Attachments: #1 Declaration of Heath A. Havey)(Havey, Heath) |
| Filing 63 NOTICE of JOINDER in California Department of Education's #62 Objections to Court's Pretrial Scheduling Order by defendants. (Simmons, Sloan) Modified on 1/29/2015 (Marciel, M) |
| Filing 62 OBJECTIONS by defendants California Department of Education and Tom Torlakson to #60 Pretrial Scheduling Order. (Garfinkel, Leonard) Modified on 1/29/2015 (Marciel, M) |
| Filing 61 OBJECTIONS to #60 PRETRIAL SCHEDULING ORDER by Defendants Lynn Barbaria, Dry Creek Joint Elementary School District, Mark Geyer, Andrew Giannini, Evonne Rogers. (Simmons, Sloan) Modified on 1/26/2015 (Kaminski, H). |
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Filing 60
PRETRIAL SCHEDULING ORDER signed by Chief Judge Morrison C. England, Jr. on 1/16/2015: All Discovery shall be completed 9/25/2015. Disclosure of Expert Witnesses to be tendered no later than 11/25/2015. The last day to hear Dispositive Motions shall be 3/17/2016. Any Evidentiary or Procedural Motions shall be filed by 5/19/2016; Oppositions must be submitted by 5/26/2016; and any Reply is due by 6/2/2016. Settlement Conference set for 10/15/2015 at 10:00 AM in Courtroom 9 (GGH) before Magistrate Judge Gregory G. Hollows. Confidential Settlement Conference Statements due no later than 10/8/2015. Final Pretrial Conference set for 6/9/2016 at 2:00 PM and Jury Trial set for 7/25/2016 at 9:00 AM in Courtroom 7 (MCE). Parties to file a Joint Final Pretrial Conference Statement no later than 5/19/2016. Trial Briefs are due no later than 5/26/2016. (Marciel, M) Modified on 4/1/2015 (Shaddox-Waldrop, A).
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| Filing 59 JOINT STATUS REPORT by Lynn Barbaria, Dry Creek Joint Elementary School District, Mark Geyer, Andrew Giannini, Evonne Rogers. (Simmons, Sloan) |
| Filing 58 CLERK'S NOTICE of DOCKET CORRECTION: The #57 Judgment was issued in error and is hereby VACATED. The #56 Memorandum & Order only terminated the case as to defendant Torlakson. The case is opening and pending as to the other claims. (Donati, J) |
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Filing 57
[VACATED- ISSUED IN ERROR] JUDGMENT dated *8/6/2014* pursuant to order signed by Chief Judge Morrison C. England, Jr. on 8/4/2014. (Zignago, K.) Modified on 9/15/2014 (Donati, J).
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Filing 56
MEMORANDUM and ORDER signed by Chief Judge Morrison C. England, Jr. on 8/4/2014 ORDERING that Defendant Tom Torlakson's #48 Motion to DismissPlaintiffs' Second Amended Complaint is GRANTED. Because Plaintiffs have already been afforded leave to amend, and inasmuch as the Court does not believe that the defects of Plaintiffs' claims against Torlakson can be remedied through additional amendment, no further leave to amend will be permitted. Defendant Torlakson terminated. (Zignago, K.) Modified on 9/15/2014 (Donati, J).
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| Filing 55 PROPOSED ORDER re Granting Plaintiffs Leave for Oral Argument or, in the alternative, for Surreply on Defendant Torlakson's Motion to Dismiss re #53 Objections, #52 Reply. (Havey, Heath) |
| Filing 54 MINUTE ORDER (Text Only) issued by courtroom deputy for Chief District Judge, Morrison C. England, Jr.: On the Court's own motion and pursuant to Local Rule 230(g), the Defendants' Motion to Dismiss Second Amended Complaint (ECF No. 48), scheduled for hearing on 7/24/2014, is submitted without oral argument and the hearing is vacated. If the Court determines that oral argument is needed, it will be scheduled at a later date.(Deutsch, S) |
| Filing 53 OBJECTIONS by Plaintiffs Everett H., Heath Havey, Rebecca Havey to #52 Reply. (Havey, Heath) |
| Filing 52 REPLY by Tom Torlakson re #51 Opposition to Motion, #48 MOTION to DISMISS Second Amended Complaint. (Garfinkel, Leonard) |
| Filing 51 OPPOSITION by Everett H., Heath Havey, Rebecca Havey to #48 MOTION to DISMISS Second Amended Complaint. (Attachments: #1 Declaration of Heath A. Havey, #2 Request for Judicial Notice)(Havey, Heath) |
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Filing 50
ORDER signed by Chief Judge Morrison C. England, Jr on 6/24/14 re: #46 EXTENDING Defendant Superintendent Torlakson's time to file an answer to Plaintiffs' Second Amended Complaint until 14 days after the Court rules on #48 Motion to Dismiss. (Meuleman, A)
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| Filing 49 ANSWER by California Department of Education to #45 Second Amended Complaint.(Garfinkel, Leonard) Modified on 6/10/2014 (Meuleman, A). |
| Filing 48 MOTION to Dismiss Second Amended Complaint by California Department of Education. (Attachments: #1 Points and Authorities, #2 Proposed Order)(Garfinkel, Leonard) Modified on 6/10/2014 (Meuleman, A). |
| Filing 47 ANSWER by Lynn Barbaria, Dry Creek Joint Elementary School District, Mark Geyer, Andrew Giannini, Evonne Rogers.(Simmons, Sloan) |
| Filing 46 STIPULATION and PROPOSED ORDER FOR EXTENSION OF TIME for Defendant Tom Torlakson to respond to the #45 Second Amended Complaint by California Department of Education, Tom Torlakson. (Attachments: #1 Proposed Order) (Garfinkel, Leonard) Modified on 6/2/2014 (Michel, G). |
| PARTY UPDATE: Board of Trustees of Dry Creek Joint Elementary School District TERMINATED. See #45 Second Amended Complaint. (Michel, G) |
| Filing 45 SECOND AMENDED COMPLAINT against Lynn Barbaria, California Department of Education, Dry Creek Joint Elementary School District, Mark Geyer, Andrew Giannini, Evonne Rogers, Tom Torlakson by Rebecca Havey, Everett H., Heath Havey. (Havey, Heath) |
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Filing 44
STIPULATION and ORDER to file second amended complaint pursuant to FRCP Rule 15(a)(2), signed by Chief Judge Morrison C. England, Jr., on 5/21/14. (Kastilahn, A)
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| Filing 43 STIPULATION and PROPOSED ORDER for Filing Second Amended Complaint by Everett H., Heath Havey, Rebecca Havey. (Attachments: #1 Exhibit Proposed SAC)(Havey, Heath) |
| Filing 42 STIPULATION re #38 Amended Complaint by Everett H., Heath Havey, Rebecca Havey. (Havey, Heath) |
| Filing 41 REPLY to #40 Objections to #39 Ex Parte Application for Extension of Time by California Department of Education. (Garfinkel, Leonard) Modified on 4/25/2014 (Michel, G). |
| Filing 40 OBJECTIONS to #39 Ex Parte Application for Extension of Time by Plaintiffs Everett H., Heath Havey, Rebecca Havey. (Attachments: #1 Declaration of Heath A. Havey) (Havey, Heath) Modified on 4/24/2014 (Michel, G). |
| Filing 39 EX PARTE APPLICATION FOR EXTENSION OF TIME to respond to the #38 First Amended Complaint by California Department of Education. (Attachments: #1 Declaration of Len Garfinkel, #2 Proposed Order) (Garfinkel, Leonard) Modified on 4/23/2014 (Michel, G). |
| Filing 38 FIRST AMENDED COMPLAINT against Lynn Barbaria, California Department of Education, Dry Creek Joint Elementary School District, Mark Geyer, Andrew Giannini, Evonne Rogers, Tom Torlakson by Rebecca Havey, Everett H., Heath Havey.(Havey, Heath) |
| Filing 37 ANSWER by California Department of Education.(Garfinkel, Leonard) |
| Filing 36 ANSWER to #1 Complaint by Lynn Barbaria, Board of Trustees of Dry Creek Joint Elementary School District, Dry Creek Joint Elementary School District, Mark Geyer, Andrew Giannini, Evonne Rogers. Attorney Gutierrez, Marcella L. ADDED. (Gutierrez, Marcella) Modified on 4/4/2014 (Michel, G). |
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Filing 35
MEMORANDUM and ORDER signed by Chief Judge Morrison C. England, Jr. on 3/25/2014 ORDERING that State Defendants' #18 Motion to Dismiss is GRANTED IN PART and DENIED IN PART. Plaintiffs may amend their Complaint, should they choose to do so, not later than twenty (20) days after the date this Memorandum and Order is electronically filed. If no amended complaint is filed within said twenty (20) day period, without further notice to the parties, the causes of action dismissed by virtue of this Memorandum and Order will be dismissed with prejudice. (Zignago, K.)
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Filing 34
MEMORANDUM AND ORDER signed by Chief Judge Morrison C. England, Jr on 3/20/14 GRANTING IN PART AND DENYING IN PART #8 Motion to Dismiss. The Motion is GRANTED as to the Third Claim for Relief in its entirety since that claim is barred by Eleventh Amendment immunity. The Motion is also GRANTED as to the First, Fourth, Fifth, Sixth and Eleventh Claims for Relief as to Defendants Geyer, Rogers, Barbaria and Giannini. Finally, the Motion is GRANTED with respect to the availability of compensatory damages under the first Claim for Relief. In all other respects, the Motion is DENIED. Because the Court does not believe that the deficiencies upon which portions of Local Defendants' Motion were granted can be rectified by amendment, no leave to amend will be permitted. (Meuleman, A)
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| Filing 33 MINUTE ORDER (Text Only) issued by courtroom deputy for Chief District Judge, Morrison C. England, Jr.: On the court's own motion and pursuant to Local Rule 230(g), the Defendants' Motions to Dismiss (ECF Nos. 8 and 18), scheduled for hearing on 9/5/2013, are submitted without oral argument. The hearing date of 9/5/2013 is vacated. If the court determines that oral argument is needed, it will be scheduled at a later date. (S. Deutsch) |
| Filing 32 OBJECTIONS by Plaintiffs Everett H., Heath Havey, Rebecca Havey to #20 Joinder. (Havey, Heath) |
| Filing 31 DEFENDANTS' REPLY to #28 Opposition to Motion. (Garfinkel, Leonard) Modified on 8/30/2013 (Becknal, R). |
| Filing 30 DEFENDANTS' REPLY to #29 Opposition to Motion . (Simmons, Sloan) Modified on 8/30/2013 (Becknal, R). |
| Filing 29 OPPOSITION #8 Motion to Dismiss by Everett H., Heath Havey, Rebecca Havey. (Havey, Heath) Modified on 8/23/2013 (Michel, G). |
| Filing 28 OPPOSITION to #18 Motion to Dismiss by Everett H., Heath Havey, Rebecca Havey. (Attachments: #1 Request for Judicial Notice) (Havey, Heath) Modified on 8/23/2013 (Michel, G). |
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Filing 27
ORDER signed by Chief Judge Morrison C. England, Jr. on 8/20/2013 ALLOWING plaintiffs to file a opposition brief to the CDE defendants #18 Motion to Dismiss of up to forty (40) pages re #23 Ex Parte Application; ALLOWING the CDE defendants to file a reply to said opposition of up to twenty (20) pages re #26 Ex Parte Application; ALLOWING plaintiffs to file a opposition brief to the local defendants' #8 Motion to Dismiss of up to thirty (30) pages re #24 Ex Parte Application; ALLOWING the local defendants to file a reply to said opposition of up to fifteen (15) pages. (Michel, G)
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| Filing 26 EX PARTE APPLICATION by California Department of Education for Enlarge Page Limitation for Reply Brief In Support of Motion to Dismiss of Defendants California Department of Education and Tom Torlakson in the event that Plaintiffs Ex Parte Application to Enlarge Opposition Brief is Granted. (Attachments: #1 Declaration, #2 Proposed Order)(Garfinkel, Leonard) |
| Filing 25 [DISREGARD - PAGES MISSING FROM APPLICATION] EX PARTE APPLICATION by California Department of Education. (Attachments: #1 Declaration, #2 Proposed Order)(Garfinkel, Leonard) Modified on 8/9/2013 (Zignago, K.). |
| Filing 24 EX PARTE APPLICATION by Everett H., Heath Havey, Rebecca Havey for Enlarging Page Limitation for Opposition to Motion to Dismiss filed by Local Defendants. (Attachments: #1 Declaration, #2 Proposed Order)(Havey, Heath) |
| Filing 23 EX PARTE APPLICATION enlarging page limitations for Opposition to #18 Motion to Dismiss by Everett H., Heath Havey, Rebecca Havey. (Attachments: #1 Declaration, #2 Proposed Order) (Havey, Heath) Modified on 8/9/2013 (Michel, G). |
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Filing 22
ORDER signed by Judge Kimberly J. Mueller on 7/31/13 ORDERING that the Court DECLINES to reassign Everett H under Local Rule 123(c).(Mena-Sanchez, L)
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| Filing 21 Stipulation to Continue the Hearing on Defendants' Motion to Dismiss Ceratin Causes of Action in Plaintiffs' Complaint and/or Motion to Strike Portions of Plaintiffs' Complaint is GRANTED. The 8/8/2013 Motion Hearing is vacated and continued to 9/5/2013 at 2:00 p.m. in courtroom 7. (Deutsch, S) |
| Filing 20 Defendants' JOINDER in Co-Defendant California Department of Education et al.'s Motion to Dismiss #8 . (Simmons, Sloan) Modified on 7/18/2013 (Mena-Sanchez, L). |
| Filing 19 STIPULATION and [PROPOSED] ORDER to Continue the Hearing on Defendants' Motion to Dismiss #8 . (Simmons, Sloan) Modified on 7/18/2013 (Mena-Sanchez, L). |
| Filing 18 MOTION to Dismiss Complaint by California Department of Education. MOTION hearing is SET for 9/5/2013 at 02:00 PM in Courtroom 7 (MCE) before Chief Judge Morrison C. England Jr.(Attachments: #1 Points and Authorities, #2 Declaration, #3 Request for Judicial Notice, #4 Proposed Order)(Garfinkel, Leonard) Modified on 7/16/2013 (Mena-Sanchez, L). |
| Filing 17 DECLINE to PROCEED BEFORE US MAGISTRATE JUDGE by Everett H., Heath Havey, Rebecca Havey. (Havey, Heath) |
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Filing 16
ORDER signed by Judge John A. Mendez on 7/11/13 GRANTING Ex Parte Application to enlarge page limitation. The CDE Defendants may file an initial brief in support of their Motion to Dismiss of up to 40 pages (exclusive of tables and appendices).(Mena-Sanchez, L)
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| Filing 15 NOTICE of RELATED CASE 2:11-cv-03471 by Everett H., Heath Havey, Rebecca Havey. (Havey, Heath) |
| Filing 14 REQUEST for Leave to file Supplemental Declaration of Len Garfinkel by California Department of Education. (Attachments: #1 Proposed Order)(Garfinkel, Leonard) |
| Filing 13 NOTICE of Errata by Lynn Barbaria, Board of Trustees of Dry Creek Joint Elementary School District, Dry Creek Joint Elementary School District, Mark Geyer, Andrew Giannini, Evonne Rogers re #8 MOTION to DISMISS. (Simmons, Sloan) |
| Filing 12 EXHIBIT 1 by Lynn Barbaria, Board of Trustees of Dry Creek Joint Elementary School District, Dry Creek Joint Elementary School District, Mark Geyer, Andrew Giannini, Evonne Rogers re #9 Request for Judicial Notice. (Simmons, Sloan) |
| Filing 11 PROPOSED ORDER re Order Granting Defendants Notice of Motion and Motion to Dismiss Certain Causes of Action in Plaintiffs Complaint and/or Motion to Strike Portions of the Complaint re #8 MOTION to DISMISS by Lynn Barbaria, Board of Trustees of Dry Creek Joint Elementary School District, Dry Creek Joint Elementary School District, Mark Geyer, Andrew Giannini, Evonne Rogers. (Simmons, Sloan) |
| Filing 10 MEMORANDUM by Lynn Barbaria, Board of Trustees of Dry Creek Joint Elementary School District, Dry Creek Joint Elementary School District, Mark Geyer, Andrew Giannini, Evonne Rogers in of Points and Authorities in Support of re #8 MOTION to DISMISS filed by Andrew Giannini, Dry Creek Joint Elementary School District, Mark Geyer, Evonne Rogers, Board of Trustees of Dry Creek Joint Elementary School District, Lynn Barbaria. (Simmons, Sloan) |
| Filing 9 REQUEST for JUDICIAL NOTICE by Lynn Barbaria, Board of Trustees of Dry Creek Joint Elementary School District, Dry Creek Joint Elementary School District, Mark Geyer, Andrew Giannini, Evonne Rogers in re #8 Motion to Dismiss,. (Simmons, Sloan) |
| Filing 8 MOTION to DISMISS by Lynn Barbaria, Board of Trustees of Dry Creek Joint Elementary School District, Dry Creek Joint Elementary School District, Mark Geyer, Andrew Giannini, Evonne Rogers. Attorney Simmons, Sloan Robert added. Motion Hearing set for 8/8/2013 at 02:00 PM in Courtroom 7 (MCE) before Chief Judge Morrison C. England Jr.. (Attachments: #1 Exhibit 1)(Simmons, Sloan) |
| Filing 7 SUMMONS RETURNED EXECUTED: All Defendants. (Havey, Heath) |
| Filing 6 EX PARTE APPLICATION by California Department of Education for Enlarge page limitation for Initial brief in support of Motion to Dismiss of Defendants Californina Department of Education and Tom Torlakson. (Attachments: #1 Declaration, #2 Proposed Order)(Garfinkel, Leonard) |
| Filing 5 STIPULATION for Extension of Time for Defendants California Department of Education and Tom Torlakson to respond to Plaintiffs Complaint by California Department of Education. Attorney Garfinkel, Leonard Bruce ADDED. (Garfinkel, Leonard) Modified on 6/14/2013 (Michel, G). |
| Filing 4 CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: #1 Consent Form, #2 VDRP) (Zignago, K.) |
| Filing 3 SUMMONS ISSUED as to *Lynn Barbaria, Board of Trustees of Dry Creek Joint Elementary School District, California Department of Education, Dry Creek Joint Elementary School District, Mark Geyer, Andrew Giannini, Evonne Rogers, Tom Torlakson* with answer to complaint due within *21* days. Attorney *Heath A. Havey* *801 K Street* *Suite 2300* *Sacramento, CA 95814*. (Zignago, K.) |
| RECEIPT number #CAE200052365 $400.00 fbo Everett H., et al. by Heath A. Havey on 5/7/2013. (Zignago, K.) |
| Filing 1 COMPLAINT against all Defendants by Rebecca Havey, Everett H., Heath A Havey. (Attachments: #1 Civil Cover Sheet)(Havey, Heath) Modified on 5/7/2013 (Zignago, K.). |
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