A.H. v. West Contra Costa Unified School District et al
| A.H., a minor and A. H. |
| West Contra Costa Unified School District, Summer Sigler and Jane Shetterly |
| 3:2022cv03233 |
| June 2, 2022 |
| US District Court for the Northern District of California |
| James Donato |
| Sallie Kim |
| Araceli Martinez-Olguin |
| P.I.: Other |
| 28 U.S.C. § 2671 Federal Tort Claims Act |
| Plaintiff |
Docket Report
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Filing 60
THIRD AMENDED COMPLAINT for Damages against All Defendants. Filed by A. H.. (Hurd, Nathan) (Filed on 10/27/2023) Modified text on 10/30/2023 (dhm, COURT STAFF).
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Filing 59
Order GRANTING in part and DENYING in part #42 Motion to Dismiss. Signed by Judge Araceli Martinez-Olguin on September 28, 2023. (amolc3, COURT STAFF) (Filed on 9/28/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 58
Order by Judge Araceli Martinez-Olguin granting #57 Administrative Motion Requesting Removal of Guardian ad Litem. (ads, COURT STAFF) (Filed on 8/8/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 57
ADMINISTRATIVE MOTION Removal of Guardian ad Litem re #37 Order,, Terminate Motions, filed by A. H.. Responses due by 8/7/2023. (Attachments: #1 Declaration, #2 Proposed Order)(Hurd, Nathan) (Filed on 8/1/2023)
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Filing 56
Order by Judge Araceli Martinez-Olguin granting #55 Stipulation and Protective Order Regarding Confidential Materials. (ads, COURT STAFF) (Filed on 7/13/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 55
STIPULATION WITH PROPOSED ORDER Re: Confidential Materials filed by A. H.. (Attachments: #1 Declaration)(Hurd, Nathan) (Filed on 7/13/2023)
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Filing 54
ORDER re #53 : The parties' stipulated protective order is DENIED, subject to resubmission in compliance with the Court's Civil Standing Order. See Protective Orders at page 5. Signed by Judge Araceli Martinez-Olguin on July 11, 2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (amolc3, COURT STAFF) (Filed on 7/11/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 53
STIPULATION WITH PROPOSED ORDER Re: Confidential Materials filed by A. H. and West Contra Costa Unified School District. (Hurd, Nathan) (Filed on 7/7/2023) Modified on 7/10/2023 (jml, COURT STAFF).
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Filing 52
JOINT CASE MANAGEMENT STATEMENT filed by A. H.. (West, Michelle) (Filed on 5/31/2023)
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Filing 51
CLERK'S NOTICE re #50 Plaintiff filed a request to remove guardian ad litem. Plaintiff must re-submit this request in the form of an Administrative Motion pursuant to Civil Local Rule 7-11, accompanied by a declaration of Plaintiff or counsel setting forth the factual basis supporting such action. (ads, COURT STAFF) (Filed on 5/23/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 50
Request re Removal of Guardian ad Litem by A. H. (Attachments: #1 Proposed Order)(West, Michelle) (Filed on 5/22/2023) Modified on 5/23/2023 (dhm, COURT STAFF).
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Filing 49
Case Reassigned to District Judge Araceli Martinez-Olguin. Judge James Donato no longer assigned to the 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. (as, COURT STAFF) (Filed on 5/12/2023)
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Filing 48
REVISED ORDER REASSIGNING CASE.IT IS ORDERED that this case is reassigned to the Honorable Araceli Martinez-Olguin in the San Francisco division for all further proceedings.1. All future filings shall bear the initials AMO immediately after the case number.2. All case management conference dates are vacated and will be reset by the Court.3. All hearing dates presently scheduled are VACATED. However, existing briefing schedules for motions remain unchanged. Motions must be RENOTICED for hearing before Judge Martinez-Olguin by the moving party for a date consistent with the Courts law and motion calendar, but the renoticing of the hearing does not affect the prior briefing schedule. 4. Deadlines for ADR compliance and discovery cutoff remain unchanged. 5. All pretrial conference and trial dates currently set after August 18, 2023, and all other deadlines associated with the case, will remain in place unless otherwise ordered. 6. All pretrial conference and trial dates scheduled on or before August 18, 2023, are vacated. Other pretrial deadlines (e.g., motions in limine, pretrial statements, proposed joint trial exhibits, etc.) will remain in place. The Court will notify the parties when a status conference will be held to schedule a new pretrial conference and trial dates for affected cases. 7. Matters currently referred to a Magistrate Judge will remain before that Magistrate Judge absent further notice. 8. On or before May 31, 2023, the parties shall file a Joint Case Management Statement (separate statements are appropriate if either party is proceeding without counsel). The statement should not exceed ten pages in length and should address all issues outlined in the #Standing Order for All Judges of the Northern District. The approved form for such statements can be accessed # here. A Joint Case Management Statement is not required in prisoner cases in which the prisoner plaintiff/petitioner is not represented by counsel. IT IS SO ORDERED. Dated: 5/10/2023 FOR THE EXECUTIVE COMMITTEE Mark B. Busby, Clerk of Court (ecg-adi, COURT STAFF) (Filed on 5/10/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) Modified on 5/10/2023 (ecg, COURT STAFF).
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Filing 47
ORDER. The motion to dismiss, Dkt. No. 42, is suitable for decision without oral argument pursuant to Civil Local Rule 7-1(b). The hearing set for March 16, 2023, is vacated. Signed by Judge James Donato on 3/3/2023. (jdlc1, COURT STAFF) (Filed on 3/3/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 46
REPLY (re #42 MOTION to Dismiss Second Amended Complaint ) filed bySummer Sigler, West Contra Costa Unified School District. (Gordon, Seth) (Filed on 2/22/2023)
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Filing 45
OPPOSITION/RESPONSE (re #42 MOTION to Dismiss Second Amended Complaint ) filed byA. H.. (West, Michelle) (Filed on 2/17/2023)
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Filing 44
Clerk's Notice of ENTRY OF DEFAULT as to Jane Shetterly. (Related documents(s) #43 )(dhm, COURT STAFF) (Filed on 2/8/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 43
MOTION for Entry of Default by the Clerk as to Jane Shetterly filed by A. H.. (Attachments: #1 Declaration, #2 Proposed Order)(Hurd, Nathan) (Filed on 2/8/2023) Modified on 2/8/2023. Incorrect event selected (dhm, COURT STAFF).
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#Electronic filing error. Incorrect event used. [err101]Corrected by Clerk's Office. No further action is necessary. Re: #43 MOTION for Default Judgment by the Clerk filed b y A. H. (dhm, COURT STAFF) (Filed on 2/8/2023)
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Filing 42
MOTION to Dismiss Second Amended Complaint filed by Summer Sigler, West Contra Costa Unified School District. Motion Hearing set for 3/16/2023 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 2/17/2023. Replies due by 2/24/2023. (Gordon, Seth) (Filed on 2/3/2023)
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Filing 41
NOTICE by A. H. of Association of Counsel (Liberty, Micha) (Filed on 1/23/2023)
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Filing 40
SECOND AMENDED COMPLAINT against All Defendants. Filed byA. H.. (Hurd, Nathan) (Filed on 1/20/2023) Modified text on 1/23/2023 (dhm, COURT STAFF).
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Remark - Voicemail left at 8:08 AM for Jane Shetterly advising that the hearing previously scheduled for January 5, 2023 @ 10:00 AM has been taken off calendar. (lrc, COURT STAFF) (Filed on 1/3/2023)
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Filing 39
ORDER. The hearing set for January 5, 2023, is vacated. Signed by Judge James Donato on 12/30/2022. (jdlc1, COURT STAFF) (Filed on 12/30/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 38
ORDER RE MOTION TO DISMISS. Signed by Judge James Donato on 12/30/2022. (jdlc1, COURT STAFF) (Filed on 12/30/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 37
ORDER RE GUARDIAN AD LITEM. Signed by Judge James Donato on 12/21/2022. (jdlc1, COURT STAFF) (Filed on 12/21/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 36
REPLY (re #34 MOTION to Dismiss First Amended Complaint ) filed bySummer Sigler, West Contra Costa Unified School District. (Gordon, Seth) (Filed on 12/12/2022)
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Filing 35
OPPOSITION/RESPONSE (re #34 MOTION to Dismiss First Amended Complaint ) filed byA. H.. (West, Michelle) (Filed on 12/6/2022)
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Filing 34
MOTION to Dismiss First Amended Complaint filed by Summer Sigler, West Contra Costa Unified School District. Motion Hearing set for 1/5/2023 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 12/6/2022. Replies due by 12/13/2022. (Gordon, Seth) (Filed on 11/22/2022)
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Filing 33
AMENDED COMPLAINT against Jane Shetterly, Summer Sigler, West Contra Costa Unified School District. Filed byA. H.. (Hurd, Nathan) (Filed on 11/11/2022)
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Filing 32
ORDER RE AMENDMENT. Signed by Judge James Donato on 10/18/2022. (jdlc1, COURT STAFF) (Filed on 10/18/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Remark - Left voicemail for pro per defendant advising her that the motion has been taken off calendar and she will receive a copy of the order in the mail. (lrc, COURT STAFF) (Filed on 10/18/2022)
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Filing 31
JOINT CASE MANAGEMENT STATEMENT filed by A. H., West Contra Costa Costa Unified School District and Summer Sigler. (Hurd, Nathan) (Filed on 10/13/2022) Modified on 10/13/2022 (jml, COURT STAFF).
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Filing 30
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (West, Michelle) (Filed on 9/29/2022)
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Filing 29
ORDER. The hearing on the motion to dismiss set for August 25, 2022, is continued to October 20, 2022, to coincide with the Case Management Conference. Signed by Judge James Donato on 8/16/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc4, COURT STAFF) (Filed on 8/16/2022)
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Filing 28
ORDER. The Initial Case Management Conference set for September 15, 2022, is continued to October 20, 2022, at 10:00 AM in San Francisco, Courtroom 11, 19th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc4, COURT STAFF) (Filed on 8/16/2022)
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Filing 27
REPLY (re #25 MOTION to Dismiss Plaintiff's Initial Complaint ) filed bySummer Sigler, West Contra Costa Unified School District. (Gordon, Seth) (Filed on 8/5/2022)
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Filing 26
OPPOSITION/RESPONSE (re #25 MOTION to Dismiss Plaintiff's Initial Complaint ) filed byA. H.. (West, Michelle) (Filed on 7/29/2022)
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Filing 25
MOTION to Dismiss Plaintiff's Initial Complaint filed by Summer Sigler, West Contra Costa Unified School District. Motion Hearing set for 8/25/2022 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 7/29/2022. Replies due by 8/5/2022. (Gordon, Seth) (Filed on 7/15/2022)
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Filing 24
ORDER. The motion to dismiss, Dkt. No. 13, is terminated. Defendants may file a motion that complies with the format and page limits stated in the Courts Standing Order for Civil Cases. Signed by Judge James Donato on 7/12/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc4, COURT STAFF) (Filed on 7/12/2022)
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Filing 23
OPPOSITION/RESPONSE (re #13 MOTION to Dismiss Initial Complaint ) filed byA. H.. (West, Michelle) (Filed on 7/12/2022)
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Filing 22
CASE MANAGEMENT SCHEDULING ORDER: Initial Case Management Conference set for 9/15/2022 10:00 AM in San Francisco, Courtroom 11, 19th Floor. Case Management Statement due by 9/8/2022. Signed by Judge James Donato on 7/12/2022. (lrc, COURT STAFF) (Filed on 7/12/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 21
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge James Donato for all further proceedings. Magistrate Judge Sallie Kim 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 07/11/2022. (Attachments: #1 Notice of Eligibility for Video Recording)(mbc, COURT STAFF) (Filed on 7/11/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 20
CLERK'S NOTICE of Impending Reassignment to U.S. District Judge. (mkl, COURT STAFF) (Filed on 7/8/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 19
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by A. H... (West, Michelle) (Filed on 7/8/2022)
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Filing 18
NOTICE of Change of Address by Jane Shetterly (jlm, COURT STAFF) (Filed on 7/6/2022)
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Filing 15
CLERK'S NOTICE Re: Consent or Declination: Defendants shall file a consent or declination to proceed before a magistrate judge by 7/8/2022. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 7/6/2022. (mkl, COURT STAFF) (Filed on 6/29/2022)
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Filing 14
NOTICE of Appearance by Katherine A. Alberts (Alberts, Katherine) (Filed on 6/28/2022)
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Filing 13
MOTION to Dismiss Initial Complaint filed by Summer Sigler, West Contra Costa Unified School District. Motion Hearing set for 8/15/2022 09:30 AM in San Francisco, Courtroom C, 15th Floor before Magistrate Judge Sallie Kim. Responses due by 7/12/2022. Replies due by 7/19/2022. (Gordon, Seth) (Filed on 6/28/2022)
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Filing 17
Letter from Jane Shetterly. (cjl, COURT STAFF) (Filed on 6/27/2022)
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Filing 16
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Jane Shetterly. (cjl, COURT STAFF) (Filed on 6/27/2022)
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Filing 12
CLERK'S NOTICE Re: Consent or Declination: Plaintiff shall file a consent or declination to proceed before a magistrate judge by 7/8/2022. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 7/8/2022. (mkl, COURT STAFF) (Filed on 6/24/2022)
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Filing 11
Proof of Service of Summons & Complaint to Shetterly by A. H. (Hurd, Nathan) (Filed on 6/14/2022) Modified on 6/14/2022 (cjl, COURT STAFF).
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Filing 10
Proof of Service of Summons & Complaint to Sigler by A. H. (Hurd, Nathan) (Filed on 6/14/2022) Modified on 6/14/2022 (cjl, COURT STAFF).
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Filing 9
Proof of Service of Summons & Complaint to WCCUSD by A. H. (Hurd, Nathan) (Filed on 6/14/2022) Modified on 6/14/2022 (cjl, COURT STAFF).
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Filing 8
NOTICE of Appearance by Michelle Marie West (West, Michelle) (Filed on 6/3/2022)
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Filing 7
Summons Issued as to Jane Shetterly, Summer Sigler, West Contra Costa Unified School District. (dhm, COURT STAFF) (Filed on 6/2/2022)
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Filing 6
Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 9/5/2022. Initial Case Management Conference set for 9/12/2022 01:30 PM in San Francisco, Courtroom C, 15th Floor. (dhm, COURT STAFF) (Filed on 6/2/2022)
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Filing 5
COMPLAINT against All Defendants. Filed byA.H., a minor. (Attachments: #1 Civil Cover Sheet (Revised))(Hurd, Nathan) (Filed on 6/2/2022)
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Filing 4
Case assigned to Magistrate Judge Sallie Kim. 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. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 6/16/2022. (cv, COURT STAFF) (Filed on 6/2/2022)
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Filing 3
Proposed Summons. (Hurd, Nathan) (Filed on 6/2/2022)
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Filing 2
MOTION to Appoint Guardian ad Litem filed by A.H., a minor. (Attachments: #1 Declaration)(Hurd, Nathan) (Filed on 6/2/2022)
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Filing 1
*** DOCUMENT LOCKED AT FILER'S REQUEST. DOCUMENT TO BE REFILED LATER. *** COMPLAINT against Jane Shetterly, Summer Sigler, West Contra Costa Unified School District ( Filing fee $ 402, receipt number ACANDC-17231071.). Filed byA.H., a minor. (Attachments: #1 Exhibit Exhibit 1 to Complaint, #2 Civil Cover Sheet)(Hurd, Nathan) (Filed on 6/2/2022) Modified on 6/2/2022 (ewn, COURT STAFF).
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