E.E et al v. State of California et al
| E. E., L. N. and Disability Rights Education & Defense Fund |
| State of California, California State Board of Education and California Department of Education |
| 3:2021cv07585 |
| September 28, 2021 |
| US District Court for the Northern District of California |
| Susan Illston |
| Civil Rights: Education |
| 42 U.S.C. § 12101 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on August 11, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 53
Proposed Order re Preliminary Injunction by Disability Rights Education & Defense Fund, E. E., L. N.. (Bird, Melinda) (Filed on 11/23/2021)
|
|
Filing 52
ERRATA re #51 Ex Parte MOTION for Preliminary Injunction REPLY to Opposition by Disability Rights Education & Defense Fund, E. E., L. N.. (Attachments: #1 Plaintiffs' Corrected Reply Memorandum in Support of Premiminary Injunction)(Bird, Melinda) (Filed on 11/23/2021)
|
|
Filing 51
Ex Parte MOTION for Preliminary Injunction REPLY to Opposition filed by Disability Rights Education & Defense Fund, E. E., L. N.. Motion Hearing set for 12/2/2021 11:00 AM in San Francisco, Courtroom 01, 17th Floor before Judge Susan Illston. Responses due by 11/18/2021. Replies due by 11/22/2021. (Attachments: #1 Declaration of Robert Borrelle in Support of Plaintiffs' Reply to Defendants' Opposition to Preliminary Injunction, #2 Exhibit Exhibit A to Declaration of Robert Borrelle, #3 Declaration of Lauren Lystrup in Support of Plaintiffs' Reply to Defendants' Opposition to Preliminary Injunction, #4 Exhibit Exhibit A to Declaration of Lauren Lystrup, #5 Exhibit Exhibit B to Declaration of Lauren Lystrup, #6 Exhibit Exhibit C to Declaration of Lauren Lystrup, #7 Declaration of Dylan Crary in Support of Plaintiffs' Reply to Defendants' Opposition to Preliminary Injunction)(German, David) (Filed on 11/22/2021) Modified on 11/23/2021 (kmg, COURT STAFF).
|
|
Filing 50
EXHIBITS re #46 Declaration in Support, Exhibit B to Jennifer Bunshofts declaration filed by California Department of Education, California State Board of Education, State of California. (Related document(s) #46 ) (Bunshoft, Jennifer) (Filed on 11/22/2021) Modified on 11/23/2021 (kmg, COURT STAFF).
|
|
Filing 49
Declaration of Wendi McCaskill in Support of #45 Brief, filed byCalifornia Department of Education, California State Board of Education, State of California. (Attachments: #1 Exhibit A, #2 Exhibit B)(Related document(s) #45 ) (Bunshoft, Jennifer) (Filed on 11/18/2021)
|
|
Filing 48
Declaration of Chris Essman in Support of #45 Brief, filed byCalifornia Department of Education, California State Board of Education, State of California. (Related document(s) #45 ) (Bunshoft, Jennifer) (Filed on 11/18/2021)
|
|
Filing 47
Declaration of Heather Calomese in Support of #45 Brief, Supplemental Declaration of Heather Calomese filed byCalifornia Department of Education, California State Board of Education, State of California. (Attachments: #1 Exhibit A)(Related document(s) #45 ) (Bunshoft, Jennifer) (Filed on 11/18/2021)
|
|
Filing 46
Declaration of Jennifer Bunshoft in Support of #45 Brief, filed byCalifornia Department of Education, California State Board of Education, State of California. (Attachments: #1 Exhibit A, #2 *Document locked per atty request* Exhibit B, #3 Exhibit C)(Related document(s) #45 ) (Bunshoft, Jennifer) (Filed on 11/18/2021) Modified on 11/22/2021 (ecg, COURT STAFF).
|
|
Filing 45
Defendants' MEMORANDUM of Points and Authorities in Opposition to Motion for Preliminary Injunction re #23 Brief filed by California Department of Education, California State Board of Education, State of California. (Related document(s) #23 ) (Bunshoft, Jennifer) (Filed on 11/18/2021) Modified on 11/19/2021 (jlg, COURT STAFF).
|
|
Filing 44
ORDER CLARIFYING AND AMENDING TEMPORARY RESTRAINING ORDER (Illston, Susan) (Filed on 11/12/2021)
|
|
Filing 43
RESPONSE to #40 Defendants' Request for Clarification re: Temporary Restraining Order by Disability Rights Education & Defense Fund, E. E., L. N.. (German, David) (Filed on 11/10/2021) Modified on 11/12/2021 (wsn, COURT STAFF).
|
|
Filing 42
CLERK'S NOTICE CONTINUING PRELIMINARY INJUNCTION HEARING: Preliminary Injunction Hearing [37 Hearing is CONTINUED TO 12/2/2021 at 11:00 AM - Videoconference Only before Judge Susan Illston. The briefing schedule remains unchanged. This proceeding will be held via a Zoom webinar.Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at sicrd@cand.uscourts.gov no later than 11/23/21 at 2 pm Pacific.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/si General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcastin g of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. Motion Hearing set for 12/2/2021 11:00 AM in San Francisco, - Videoconference Only before Judge Susan Illston. (ec, COURT STAFF) (Filed on 11/9/2021) (This is a text-only entry generated by the court. There is no document associated with this entry.)
|
|
Filing 41
ORDER DIRECTING PLAINTIFFS TO FILE RESPONSE TO DEFENDANTS' NOVEMBER 8, 2021 FILING, NO LATER THAN NOON ON NOVEMBER 10, 2021 (Illston, Susan) (Filed on 11/8/2021)
|
|
Filing 40
NOTICE by State of California Request for Clarification of Temporary Restraining Order (Quade, Kevin) (Filed on 11/8/2021)
|
|
Filing 39
ORDER GRANTING PLAINTIFFS' MOTION FOR A TEMPORARY RESTRAINING ORDER granting #35 Administrative Motion to File Under Seal; granting #13 Motion for TRO. (Illston, Susan) (Filed on 11/4/2021)
|
|
Filing 38
NOTICE by State of California Proposed Language re: Temporary Restraining Order (Quade, Kevin) (Filed on 11/4/2021)
|
|
Filing 37
Minute Entry for proceedings for Motion Hearing via Zoom webinar held on 11/4/2021 re #13 Ex Parte MOTION for Temporary Restraining Order before Judge Susan Illston.Preliminary Injunction Hearing set for 11/30/2021 at 11:00 AM. Oppositions due by 11/18/2021. Replies due by 11/22/2021. This proceeding will be held via a Zoom webinar.Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at sicrd@cand.uscourts.gov no later than 11/23/21 at 2 pm pacific.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/si General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. Motion Hearing held on 11/4/2021. re #13 Ex Parte MOTION for Temporary Restraining Order and Order to Show Cause Re: Preliminary Injunction filed by L. N., Disability Rights Education & Defense Fund, E. E. Responses due by 11/18/2021. Replies due by 11/22/2021. Preliminary Injunction Hearing set for 11/30/2021 11:00 AM.Total Time in Court: 53 minutes. Court Reporter: Marla Knox. Plaintiff Attorney: Melinda Bird, Lauren Lystrup, Robert Borrelle, David German, Claudia Center. Defendant Attorney: Jennifer Bunshoft, Anthony Pinggera, Kevin Quade. (ec, COURT STAFF) (Date Filed: 11/4/2021)
|
|
Filing 36
ERRATA re #32 Reply to Opposition/Response, by Disability Rights Education & Defense Fund, E. E., L. N.. (Attachments: #1 Corrected Reply Brief in support of Plantiffs' Ex Parte Motion for TRO and OSC re: PI)(Bird, Melinda) (Filed on 11/3/2021)
|
|
Filing 35
Ex Parte Administrative Motion to File Under Seal APPLICATION TO FILE DOCUMENTS IN SUPPORT OF PLAINTIFFS REPLY UNDER SEAL filed by Disability Rights Education & Defense Fund, E. E., L. N.. (Attachments: #1 Declaration of Melinda Bird iso Plaintiffs' Ex Parte Application to File Documents iso Plaintiffs' Reply Brief Under Seal, #2 Proposed Order Granting Ex Parte Application to File Declarations In Support of Plaintiffs' Reply Brief Under Seal, #3 Declaration Unredated Version of Documents Sought to be Filed Under Seal)(Bird, Melinda) (Filed on 11/2/2021)
|
|
Filing 34
Declaration of Nathan Yates in Support of #32 Reply to Opposition/Response, Plaintiff's Reply Memorandum iso Ex Parte Motion for TRO and OSC re: Preliminary Injunction filed byDisability Rights Education & Defense Fund, E. E., L. N.. (Related document(s) #32 ) (Bird, Melinda) (Filed on 11/2/2021)
|
|
Filing 33
Declaration of Lauren Lystrup in Support of #32 Reply to Opposition/Response, to Plaintiffs' Reply Memorandum iso Ex Parte Motion for TRO and OSC Re: Preliminary Injunction filed byDisability Rights Education & Defense Fund, E. E., L. N.. (Related document(s) #32 ) (Bird, Melinda) (Filed on 11/2/2021)
|
|
Filing 32
REPLY (re #13 Ex Parte MOTION for Temporary Restraining Order and Order to Show Cause Re: Preliminary Injunction ) PLAINTIFFS REPLY MEMORANDUM ISO EX PARTE MOTION FOR TRO AND OSC RE: PRELIMINARY INJUNCTION filed byDisability Rights Education & Defense Fund, E. E., L. N.. (Bird, Melinda) (Filed on 11/2/2021)
|
|
Filing 31
Order by Judge Susan Illston granting #14 Administrative Motion to File Under Seal.(ec, COURT STAFF) (Filed on 11/2/2021)
|
|
Filing 30
Order by Judge Susan Illston granting #28 Administrative Motion to File Under Seal.(ec, COURT STAFF) (Filed on 11/1/2021)
|
|
Filing 29
NOTICE of Appearance by Kevin L. Quade, Depar (Quade, Kevin) (Filed on 11/1/2021)
|
|
Filing 28
Administrative Motion to File Under Seal filed by California Department of Education, California State Board of Education, State of California. (Attachments: #1 Declaration of Jennifer Bunshoft, #2 Proposed Order, #3 Attachment A (redacted), #4 Attachment A (unredacted))(Bunshoft, Jennifer) (Filed on 10/29/2021)
|
|
Filing 27
Request for Judicial Notice re #25 Opposition/Response to Motion, filed by California Department of Education, California State Board of Education, State of California. (Attachments: #1 Exhibit A to RJN, #2 Exhibit B to RJN, #3 Exhibit C to RJN, #4 Exhibit D to RJN, #5 Exhibit E to RJN, #6 Exhibit F to RJN, #7 Exhibit G to RJN, #8 Exhibit H to RJN, #9 Exhibit I to RJN)(Related document(s) #25 ) (Bunshoft, Jennifer) (Filed on 10/29/2021) Modified on 11/1/2021 (kmg, COURT STAFF).
|
|
Filing 26
Declaration of Heather Calomese in Support of #25 Opposition/Response to Motion, filed byCalifornia Department of Education, California State Board of Education, State of California. (Attachments: #1 Exhibit A to Declaration of Heather Calomese, #2 Exhibit B to Declaration of Heather Calomese)(Related document(s) #25 ) (Bunshoft, Jennifer) (Filed on 10/29/2021)
|
|
Filing 25
OPPOSITION/RESPONSE (re #13 Ex Parte MOTION for Temporary Restraining Order and Order to Show Cause Re: Preliminary Injunction ) filed byCalifornia Department of Education, California State Board of Education, State of California. (Bunshoft, Jennifer) (Filed on 10/29/2021)
|
|
Filing 24
CLERK'S NOTICE SETTING BRIEFING SCHEDULE AND HEARING FOR TEMPORARY RESTRAINING ORDER: #13 Ex Parte MOTION for Temporary Restraining Order and Order to Show Cause Re: Preliminary Injunction. Oppositions due by 10/29/2021. Replies due by 11/2/2021. Motion Hearing set for 11/4/2021 at 11:00 AM - Videoconference Only before Judge Susan Illston. This proceeding will be held via a Zoom webinar.Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at sicrd@cand.uscourts.gov no later than 10/28/2021 2 pm pacific.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/si General Order 58. Persons granted acce ss to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/., Set/Reset Deadlines as to #13 Ex Parte MOTION for Temporary Restraining Order and Order to Show Cause Re: Prelimina ry Injunction. Responses due by 10/29/2021. Replies due by 11/2/2021. Motion Hearing set for 11/4/2021 11:00 AM in San Francisco, - Videoconference Only before Judge Susan Illston. (ec, COURT STAFF) (Filed on 10/26/2021) (This is a text-only entry generated by the court. There is no document associated with this entry.)
|
|
Filing 23
Brief MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF EX PARTE MOTION FOR TRO AND OSC RE: PRELIMINARY INJUNCTION filed byDisability Rights Education & Defense Fund, E. E., L. N.. (Attachments: #1 Appendix Appendix A Summary of Family Declarations)(Bird, Melinda) (Filed on 10/22/2021)
|
|
Filing 22
Declaration of CH for KH in Support of #13 Ex Parte MOTION for Temporary Restraining Order and Order to Show Cause Re: Preliminary Injunction filed byDisability Rights Education & Defense Fund, E. E., L. N.. (Related document(s) #13 ) (Bird, Melinda) (Filed on 10/22/2021)
|
|
Filing 21
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Susan Illston for all further proceedings. Magistrate Judge Alex G. Tse no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by Clerk on 10/22/2021. (Attachments: #1 Notice of Eligibility for Video Recording)(mbcS, COURT STAFF) (Filed on 10/22/2021)
|
|
Filing 20
Declaration of Advocate Declarations in Support of #13 Ex Parte MOTION for Temporary Restraining Order and Order to Show Cause Re: Preliminary Injunction filed byDisability Rights Education & Defense Fund, E. E., L. N.. (Attachments: #1 Declaration Declaration of Robert Borrelle (DRC), #2 Declaration Declaration of Lauren Lystrup (DRC), #3 Declaration Declaration of Cheryl Theis (DREDF), #4 Declaration Declaration of Susan Henderson (DREDF), #5 Declaration Declaration of David W. German)(Related document(s) #13 ) (Bird, Melinda) (Filed on 10/22/2021)
|
|
Filing 19
Declaration of Dr. Alice Kuo in Support of #13 Ex Parte MOTION for Temporary Restraining Order and Order to Show Cause Re: Preliminary Injunction filed byDisability Rights Education & Defense Fund, E. E., L. N.. (Attachments: #1 Exhibit Exhibit A to Declaration of Dr. Kuo, #2 Exhibit Exhibit B to Declaration of Dr. Kuo)(Related document(s) #13 ) (Bird, Melinda) (Filed on 10/22/2021)
|
|
Filing 18
Declaration of Dr. Andrea Ruppar in Support of #13 Ex Parte MOTION for Temporary Restraining Order and Order to Show Cause Re: Preliminary Injunction filed byDisability Rights Education & Defense Fund, E. E., L. N.. (Attachments: #1 Exhibit Exhibit A to Declaration of Dr Ruppar, #2 Exhibit Exhibit B to Declaration of Dr Ruppar, #3 Exhibit Exhibit C to Declaration of Dr Ruppar)(Related document(s) #13 ) (Bird, Melinda) (Filed on 10/22/2021)
|
|
Filing 16
CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now reassign this case to a District Judge because a party has not consented to the jurisdiction of a Magistrate Judge. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (shyS, COURT STAFF) (Filed on 10/22/2021)
|
|
Filing 15
Declaration of Melinda Bird in Support of #13 Ex Parte MOTION for Temporary Restraining Order and Order to Show Cause Re: Preliminary Injunction Re: Notice filed byDisability Rights Education & Defense Fund, E. E., L. N.. (Related document(s) #13 ) (Bird, Melinda) (Filed on 10/22/2021)
|
|
Filing 14
Ex Parte Administrative Motion to File Under Seal Attachment A to TRO and OSC Re: Preliminary Injunction filed by Disability Rights Education & Defense Fund, E. E., L. N.. (Attachments: #1 Declaration Declaration of Melinda Bird ISO App to Seal, #2 Proposed Order Proposed Order Granting App to Seal, #3 Redacted Version of Attachment A, #4 Unredacted Version of Attachment A)(Bird, Melinda) (Filed on 10/22/2021)
|
|
Filing 13
Ex Parte MOTION for Temporary Restraining Order and Order to Show Cause Re: Preliminary Injunction filed by Disability Rights Education & Defense Fund, E. E., L. N.. (Attachments: #1 Proposed Order Proposed TRO and OSC re: Preliminary Injunction)(Bird, Melinda) (Filed on 10/22/2021)
|
|
Filing 12
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by State of California.. (Bunshoft, Jennifer) (Filed on 10/22/2021)
|
|
Filing 11
WAIVER OF SERVICE Returned Executed filed by E. E., Disability Rights Education & Defense Fund, L. N.. Service waived by State of California waiver sent on 10/15/2021, answer due 12/14/2021. (Bird, Melinda) (Filed on 10/18/2021)
|
|
Filing 10
WAIVER OF SERVICE Returned Executed filed by E. E., Disability Rights Education & Defense Fund, L. N.. Service waived by California State Board of Education waiver sent on 10/15/2021, answer due 12/14/2021. (Bird, Melinda) (Filed on 10/18/2021)
|
|
Filing 9
WAIVER OF SERVICE Returned Executed filed by E. E., Disability Rights Education & Defense Fund, L. N.. Service waived by California Department of Education waiver sent on 10/15/2021, answer due 12/14/2021. (Bird, Melinda) (Filed on 10/18/2021)
|
|
Filing 8
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Disability Rights Education & Defense Fund, E. E., L. N... (Bird, Melinda) (Filed on 10/12/2021)
|
|
Filing 7
Summons Issued as to California Department of Education, California State Board of Education, State of California. (kmg, COURT STAFF) (Filed on 10/12/2021)
|
|
Filing 6
Proposed Summons. (Attachments: #1 Attachment of List of Additional Defendants)(Bird, Melinda) (Filed on 10/4/2021)
|
|
Filing 5
Initial Case Management Scheduling Order with ADR Deadlines: Joint Case Management Statement due by 12/31/2021. Initial Case Management Conference set for 1/7/2022 at 2:00 PM in San Francisco, Courtroom A, 15th Floor. (tnS, COURT STAFF) (Filed on 9/29/2021)
|
|
Filing 4
ORDER Granting Application to file Under Seal: 1. Ex Parte Application for Appointment of Guardian Ad Litem for L.N; 2. Ex Parte Application for Appointment of Guardian Ad Litem for E.E. signed by Magistrate Judge Alex G. Tse: granting #2 Administrative Motion. (shyS, COURT STAFF) (Filed on 9/29/2021)
|
|
Filing 3
Case assigned to Magistrate Judge Alex G. Tse. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 10/13/2021. (mbcS, COURT STAFF) (Filed on 9/29/2021)
|
|
Filing 2
First Administrative Motion to File Under Seal filed by Disability Rights Education & Defense Fund, E. E., L. N.. (Attachments: #1 Declaration Declaration of David W. German in Support of Plaintiffs Application to File an Application for Appointment of a Guardians ad Litem Under Seal 7-11(b), #2 Declaration Declaration of David W. German in Support of Filing Applications for Appointment of Guardians Ad Litem Under Seal 79-5(d)(1)(A), #3 Proposed Order Proposed Order Granting Application to file Under Seal, #4 Unredacted Version of Ex Parte Application for Appointment of Guardian Ad Litem for E.E.; Memorandum of Points and Authorities in Support Thereof; and Consent to Serve Pursuant to Civil L.R. 79-5(c), #5 Unredacted Version of Ex Parte Application for Appointment of Guardian Ad Litem for L.N.; Memorandum of Points and Authorities in Support Thereof; and Consent to Serve Pursuant to Civil L.R. 79-5(c))(Bird, Melinda) (Filed on 9/28/2021)
|
|
Filing 1
CLASS ACTION COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF FOR VIOLATIONS OF: Americans with Disabilities Act, 42 U.S.C. 12131 et seq. Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794 against California Department of Education, California State Board of Education, State of California, (Filing Fee: $402.00, receipt number 0971-16441061). Filed by E. E., Disability Rights Education & Defense Fund, L. N.. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet)(Bird, Melinda) (Filed on 9/28/2021) Modified on 9/29/2021 (tnS, COURT STAFF).
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the California Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
