Bratset v. Davis Joint Unified School District et al
| Laura Bratset and M.B. |
| Davis Joint Unified School District and Winters Joint Unified School District |
| 2:2016cv00035 |
| January 6, 2016 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Solano |
| Kendall J. Newman |
| Garland E. Burrell |
| Americans with Disabilities - Other |
| 42 U.S.C. ยง 12101 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
123
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 5/20/19 RECOMMENDING that 109 Motion for Summary Judgment be denied; Defendant's 110 Cross-Motion for Summary Judgment be granted; The decision of the ALJ be affirmed in all respects; and This Action be closed. These Findings and Recommendations are REFERRED to U.S. District Judge Kimberly J. Mueller; Objections to these F&Rs due within fourteen days. (Mena-Sanchez, L)
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Filing
116
ORDER signed by Magistrate Judge Deborah Barnes on 11/5/2018 GRANTING 114 Motion to Continue Hearing. The 11/9/2018 hearing re 109 Motion for Summary Judgment and 110 Cross-Motion for Summary Judgment is CONTINUED to 12/7/2018 at 10:00 AM i n Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. All parties are required to appear at the hearing, either by counsel or, if proceeding in propria persona, on his or her own behalf. Any party may appear at the hearing telephonically if the party pre-arranges such appearance by contacting Pete Buzo, the courtroom deputy of the undersigned magistrate judge, at (916) 930-4128, no later than 48 hours before the hearing; a party may not appear telephonically over a cellphone. (Zignago, K.)
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Filing
108
ORDER signed by Magistrate Judge Deborah Barnes on 9/19/18 DENYING without prejudice 100 , 101 , 102 , 103 , 104 , 105 , 106 Motions for Review. (Kastilahn, A)
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Filing
94
ORDER to SHOW CAUSE signed by Magistrate Judge Deborah Barnes on 6/22/2018 ORDERING that defendant show cause in writing within fourteen days of the date of this order as to why defendant should not be sanctioned for failing to comply with an order of this court. (Washington, S)
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Filing
93
ORDER signed by Magistrate Judge Deborah Barnes on 5/22/18, ORDERING that plaintiff's 84 , 85 , 86 , 87 , 89 , 90 , 91 motions are DENIED without prejudice for failure to comply with Local Rule 230. (Kastilahn, A)
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Filing
83
STATUS (PRETRIAL SCHEDULING) ORDER signed by Magistrate Judge Deborah Barnes on 3/30/18 ORDERING that a copy of the administrative record shall be lodged with the court on or before 5/25/2018; Any Motion seeking to supplement the record or conduct discovery must be heard on or before 8/3/18. Each party shall file a Motion for Summary Judgment on or before 10/5/2018; Any oppositions shall be filed on or before 10/26/2018; Any reply shall be filed on or before 11/2/2018. And the parties' Motions for Summary Judgment shall be heard on Friday, 11/9/18, at 10:00 a.m. at the United States District Court, 501 I Street, Sacramento, California, in Courtroom No. 27 before Magistrate Judge Deborah Barnes. (Mena-Sanchez, L)
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Filing
79
ORDER signed by Magistrate Judge Deborah Barnes on 2/27/2018 SETTING a Status Conference for 3/30/2018 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. Plaintiff shall file and serve a status report by 3/16/2018. Defendant shall file and serve a status report by 3/23/2018. (Fabillaran, J)
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Filing
75
ORDER signed by District Judge Garland E. Burrell, Jr. on 1/31/2018 FINDINGS AND RECOMMENDATIONS 73 are ADOPTED in FULL; Davis Joint Unified School District is DISMISSED from this action without prejudice; Defendant's 55 Motion to Dismiss is GRANTED in PART and DENIED in PART; Plaintiff Laura Bratset is permitted to proceed on her claims under the IDEA; Defendant WJUSD's motion to dismiss the second amended complaint's challenge to the 12/8/2015 OAH decision is DENIED; all oth er claims found in the second amended complaint asserted against defendant WJUSD are DISMISSED without leave to amend; and Defendant WJUSD shall file an answer to the second amended complaint's challenge to the 12/8/2015 OAH decision within 14 days of the date of this order.(Reader, L)
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Filing
73
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 12/18/2017 RECOMMENDING that Defendant DJUSD be dismissed from this action without prejudice; 55 Motion to Dismiss be granted in part and denied in part; Plaintiff Laura Br atset be permitted to proceed on her claims under the IDEA; Defendant WJUSD's motion to dismiss the 2nd amended complaint's challenge to the 12/8/2015 OAH decision be denied; All other claims found in the 50 second amended complaint asse rted against defendant WJUSD be dismissed without leave to amend; and Defendant WJUSD be directed to file an answer within 14 days of the date of any order adopting these findings and recommendations. Referred to Senior District Judge Garland E. Burrell, Jr. Objections due within 14 days after being served with these findings and recommendations. (York, M)
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Filing
70
ORDER signed by Magistrate Judge Deborah Barnes on 8/11/17, ORDERING that Plaintiff's 68 request to file documents under seal is GRANTED. Plaintiff's 68 request for the appointment of counsel is DENIED. (Kastilahn, A)
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Filing
67
ORDER signed by Magistrate Judge Deborah Barnes on 6/30/17 ORDERING that Plaintiff's 54 motion to include new IDEA violations is DENIED. Defendant DJUSD's 56 motion to dismiss is GRANTED in PART. Service of process on defendant DJUSD is QUASHED. Seven days after completing service of process on defendant DJUSD plaintiff shall file proof of service on DJUSD. Defendant WJUSD's 55 motion to dismiss is taken under submission. (Kastilahn, A)
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Filing
64
ORDER signed by Magistrate Judge Deborah Barnes on 6/22/17 ORDERING that Defendant's 6/19/17 request to seal (ECF No. 63 ) is DENIED; Within 14 days of the date of this order defendant shall file defendant's Exhibit 6 with the minor's name redacted; and Upon defendant's filing, the Clerk of the Court shall replace defendant's original filing (ECF No. 56 -6 at 35-38), with the redacted version of defendant's Exhibit 6. (Becknal, R)
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Filing
48
ORDER signed by Magistrate Judge Deborah Barnes on 03/30/17 ORDERING that defendants' 46 Motion to Dismiss is DENIED without prejudice and the 04/07/17 hearing is VACATED; within 28 days, a second amended complaint shall be filed; plaintiff shall complete proper service on the defendants within 28 days of the filing of any second amended complaint. (Benson, A)
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Filing
44
ORDER signed by Magistrate Judge Deborah Barnes on 12/9/16 ORDERING that: Service of process on defendants DJUSD and WJUSD is QUASHED; Defendants' 6/13/16 motion to dismiss (ECF No. 26 ) and 6/14/16 motion to dismiss (ECF No. 28 ) are GRAN TED; Plaintiff's 4/18/16 amended complaint (ECF No. 8 ) is DISMISSED WITH LEAVE TO AMEND; Within 28 days from the date of this order, a second amended complaint shall be filed that cures the defects noted in this order and complies with th e Federal Rules of Civil Procedure and the Local Rules of Practice; the amended complaint must bear the case number assigned to this action and must be titled "Second Amended Complaint."; Plaintiff shall complete proper service on the defendants within 28 days of the filing of any second amended complaint; and Plaintiff is cautioned that the failure to comply with this order in a timely manner may result in a recommendation that this action be dismissed. (Becknal, R)
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Filing
35
ORDER signed by Magistrate Judge Kendall J. Newman on 6/27/16. The Clerk of Court shall file Plaintiffs' objection and Exhibits C-E on the court's public docket, but shall TEMPORARILY FILE UNDER SEAL Exhibits A and B. Within fourteen (14) days of this order, Plaintiffs shall file with the court either: redacted versions of Exhibits A and B that obliterate all references to the minor Plaintiff's name and date of birth; or a brief statement indicating that Plaintiffs have no objection to the unredacted versions of Exhibits A and B being filed on the Court's public docket.(Mena-Sanchez, L)
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Filing
22
ORDER signed by Magistrate Judge Kendall J. Newman on 05/17/16 ORDERING that 19 DJUSD's Motion to Dismiss the action for insufficient service of process, in which defendant WJUSD joined, is GRANTED IN PART and DENIED IN PART; service of proces s on defendants DJUSD and WJUSD is QUASHED; plaintiffs shall complete proper service of process on defendants by 07/04/16; 13 15 WJUSD's Motion to Dismiss is DENIED WITHOUT PREJUDICE; the 06/09/16 hearing on defendants' motions is VACAT ED as moot; plaintiff's 10 Motion for Appointment of Counsel is DENIED; No later than 06/30/16, plaintiff M.B. shall appear through a licensed attorney and file a request for appointment of an appropriate guardian ad litem; plaintiff's 9 Motion requesting pendent placement is DENIED WITHOUT PREJUDICE. (Benson, A)
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Filing
3
ORDER signed by Magistrate Judge Kendall J. Newman on 3/24/16 ORDERING that Plaintiff's MOTION to proceed in forma pauperis 2 is DENIED. Within 28 days of this order, Plaintiffs shall pay the applicable filing fee. However, the court will entertain a request for a reasonable extension of time to pay the fee should such an extension be necessary. (Mena-Sanchez, L)
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