F.E., v. Moreland Unified School District
Plaintiff: F.E.,
Defendant: Moreland Unified School District
Petitioner: F. E., Fritz Eberly and Delfina Eberly
Respondent: Theresa Molinelli, Rosie Luis, Heide Hansen, Janell Astor, Robert Garcia, Sarah Gein, Joyce Galvin and Denise Booker
Case Number: 5:2016cv03983
Filed: July 14, 2016
Court: US District Court for the Northern District of California
Office: San Jose Office
County: Santa Clara
Presiding Judge: Virginia K DeMarchi
Referring Judge: Beth Labson Freeman
2 Judge: Howard R Lloyd
Nature of Suit: Civil Rights: Education
Cause of Action: 28 U.S.C. § 794 Rehabilitation Act
Jury Demanded By: Both
Docket Report

This docket was last retrieved on May 31, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 31, 2019 Opinion or Order Filing 44 ORDER GRANTING #43 STIPULATION OF DISMISSAL. Signed by Judge Beth Labson Freeman on 5/31/2019.(blflc2S, COURT STAFF) (Filed on 5/31/2019)
May 31, 2019 Filing 43 STIPULATION WITH PROPOSED ORDER for Dismissal filed by F. E.. (Tollner, David) (Filed on 5/31/2019)
May 17, 2019 Opinion or Order Filing 42 ORDER REQUESTING DISMISSAL OR JOINT STATUS REPORT ON OR BEFORE MAY 24, 2019. Signed by Judge Beth Labson Freeman on 5/17/2019. (blflc2S, COURT STAFF) (Filed on 5/17/2019)
March 28, 2019 Opinion or Order Filing 41 ORDER GRANTING #40 UNOPPOSED MOTION TO APPROVE MINOR'S COMPROMISE; VACATING AUGUST 22, 2019 HEARING. Signed by Judge Beth Labson Freeman on 3/28/2019.(blflc2S, COURT STAFF) (Filed on 3/28/2019)
March 26, 2019 Filing 40 First MOTION for Hearing of Petition for Minor's Compromise filed by F. E.. (Attachments: #1 Declaration of David Tollner in Support of Minor's Compromise, #2 Exhibit A Settlement Agreement, #3 Proposed Order)(Tollner, David) (Filed on 3/26/2019)
March 26, 2019 Filing 39 *Filing Error* NOTICE by F. E. of Petition for Minor's Compromise (Attachments: #1 Declaration of David Tollner in Support of Minor's Compromise, #2 Exhibit A: Settlement Agreement, #3 Proposed Order)(Tollner, David) (Filed on 3/26/2019) Modified on 3/26/2019 (sfbS, COURT STAFF).
March 26, 2019 #Electronic filing error. Incorrect event used. [err101] *Re-File as Motion* Please re-file in its entirety. Re: #39 Notice (Other), filed by F. E. (sfbS, COURT STAFF ) (Filed on 3/26/2019)
February 25, 2019 Opinion or Order Filing 38 ORDER REQUESTING STATUS REPORT RE SETTLEMENT OR VOLUNTARY DISMISSAL ON OR BEFORE MAY 31, 2019. Signed by Judge Beth Labson Freeman on 2/25/2019. (blflc2S, COURT STAFF) (Filed on 2/25/2019)
February 22, 2019 Filing 37 STATUS REPORT on settlement and voluntary dismissal by F. E.. (Tollner, David) (Filed on 2/22/2019)
January 22, 2019 Opinion or Order Filing 36 ORDER REQUESTING STATUS REPORT RE SETTLEMENT OR VOLUNTARY DISMISSAL ON OR BEFORE FEBRUARY 22, 2019. Signed by Judge Beth Labson Freeman on 1/22/2019. (blflc2S, COURT STAFF) (Filed on 1/22/2019)
January 18, 2019 Filing 35 Certification of ADR Session by Mediator Ellen S. James (Ret.): I hereby certify that the parties in this matter held a Mediation session on 1/9/2019 and 1/16/2019. The case settled. Mediation is complete. (This is a text-only entry generated by the court. There is no document associated with this entry.) (af, COURT STAFF) (Filed on 1/18/2019)
January 18, 2019 Set/Reset Hearing Mediation Hearing was held on 1/16/2019 and 1/9/2019. (af, COURT STAFF) (Filed on 1/18/2019)
October 22, 2018 Filing 34 ADR Clerk's Notice Appointing Ellen S. James as Mediator. (af, COURT STAFF) (Filed on 10/22/2018)
October 19, 2018 Opinion or Order Filing 33 ORDER GRANTING #32 STIPULATION SELECTING ADR PROCESS. Signed by Judge Beth Labson Freeman on 10/19/2018.(blflc2S, COURT STAFF) (Filed on 10/19/2018)
October 19, 2018 Filing 32 STIPULATION and Proposed Order selecting Mediation by Moreland Unified School District filed by Moreland Unified School District. (Garcia, Sarah) (Filed on 10/19/2018)
October 1, 2018 Filing 31 ADR Remark: ADR Phone Conference held on 10/1/2018 by Tamara Lange. (cmf, COURT STAFF) (Filed on 10/1/2018) (This is a text-only entry generated by the court. There is no document associated with this entry.)
September 27, 2018 Filing 30 ADR Clerk's Notice Setting ADR Phone Conference on Monday, October 1, 2018, at 11:30 AM Pacific time. Please note that you must be logged into an ECF account of counsel of record in order to view this document. (af, COURT STAFF) (Filed on 9/27/2018)
September 21, 2018 Filing 29 NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) (Tollner, David) (Filed on 9/21/2018)
June 7, 2018 Opinion or Order Filing 28 ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Virginia K DeMarchi for all further discovery proceedings. Magistrate Judge Howard R. Lloyd no longer assigned to the case. Signed by Judge Executive Committee on 6/7/2018. (cv, COURT STAFF) (Filed on 6/7/2018)
January 12, 2017 Filing 27 CASE MANAGEMENT CONFERENCE re 26 Case Management Conference - Further, Last Day to Hear Dispositive Motions set 03/28/2019 09:00 AM. Final Pretrial Conference set for 6/20/2019 01:30 PM. Jury Selection set for 7/29/2019 09:00 AM before Hon. Beth Labson Freeman. Jury Trial set for 7/29/2019, 7/30/2019, 7/31/2019, 8/1/2019, 8/2/2019, 8/5/2019, 8/6/2019, 8/7/2019, 8/8/2019 and 8/9/2019 09:00 AM before Hon. Beth Labson Freeman.Signed by Judge Beth Labson Freeman on 01/12/2017. (tshS, COURT STAFF) (Filed on 1/12/2017)
January 12, 2017 Filing 26 Minute Entry for proceedings held before Hon. Beth Labson Freeman: Further Case Management Conference held on 1/12/2017.FTR Time: 11:03 - 11:11. Plaintiff Attorney: James Sibley. Defendant Attorney: Sarah Garcia. This is a text only Minute Entry (tsh, COURT STAFF) (Date Filed: 1/12/2017)
December 21, 2016 Filing 25 CLERK'S NOTICE SETTING FURTHER CASE MANAGEMENT CONFERENCE. Further Case Management Conference set for 1/12/2017 11:00 AM in Courtroom 3, 5th Floor, San Jose. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tshS, COURT STAFF) (Filed on 12/21/2016)
December 19, 2016 Opinion or Order Filing 24 ORDER SETTING FURTHER CASE MANAGEMENT CONFERENCE. Signed by Judge Beth Labson Freeman on 12/19/2016. (blflc2S, COURT STAFF) (Filed on 12/19/2016)
December 15, 2016 Filing 23 Minute Entry for proceedings held before Hon. Beth Labson Freeman: Initial Case Management Conference held on 12/15/2016.FTR Time: 11:24 - 11:29. Plaintiff Attorney: No Appearance. Defendant Attorney: Sarah Garcia. This is a text only Minute Entry (tshS, COURT STAFF)(Date Filed: 12/15/2016)
December 14, 2016 Filing 22 ADR Remark: ADR Phone Conference held on 12/14/2016 with Tamara Lange. (ewh, COURT STAFF) (Filed on 12/14/2016) (This is a text-only entry generated by the court. There is no document associated with this entry.)
December 13, 2016 Filing 21 ADR Remark: The ADR Phone Conference scheduled on December 14, 2016, shall now commence at 4:00 PM Pacific time. The call-in information remains the same. (af, COURT STAFF) (Filed on 12/13/2016) (This is a text-only entry generated by the court. There is no document associated with this entry.)
December 8, 2016 Opinion or Order Filing 20 ORDER GRANTING #19 DEFENDANTS' REQUEST TO ATTEND CASE MANAGEMENT CONFERENCE TELEPHONICALLY. Signed by Judge Beth Labson Freeman on 12/8/2016. (blflc2S, COURT STAFF) (Filed on 12/8/2016)
December 8, 2016 Filing 19 MOTION to Appear by Telephone filed by Janell Astor, Denise Booker, Joyce Galvin, Robert Garcia, Sarah Gein, Heide Hansen, Rosie Luis, Theresa Molinelli, Moreland Unified School District. (Attachments: #1 Declaration)(Garcia, Sarah) (Filed on 12/8/2016)
December 8, 2016 Filing 18 ADR Clerk's Notice Setting ADR Phone Conference on Wednesday, December 14, 2016, at 10:00 AM Pacific time. Please note that you must be logged into an ECF account of counsel of record in order to view this document. (af, COURT STAFF) (Filed on 12/8/2016)
December 7, 2016 Filing 17 CASE MANAGEMENT STATEMENT filed by F. E.. (Tollner, David) (Filed on 12/7/2016)
December 7, 2016 Filing 16 NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) (Tollner, David) (Filed on 12/7/2016)
December 7, 2016 Filing 15 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Garcia, Sarah) (Filed on 12/7/2016)
November 29, 2016 Opinion or Order Filing 14 ORDER GRANTING #13 PETITION FOR THE APPOINTMENT OF GUARDIAN AD LITEM. Signed by Judge Beth Labson Freeman on 11/29/2016. (blflc2S, COURT STAFF) (Filed on 11/29/2016)
November 23, 2016 Filing 13 First MOTION to Appoint ad Litem ad Litem for Minor Plaintiff filed by F. E.. (Attachments: #1 Declaration, #2 Supplement Consent of Nominee, #3 Proposed Order)(Tollner, David) (Filed on 11/23/2016)
November 15, 2016 Filing 12 ANSWER to Complaint re #1 with Jury Demand by Janell Astor, Denise Booker, Joyce Galvin, Robert Garcia, Sarah Gein, Heide Hansen, Rosie Luis, Theresa Molinelli, Moreland Unified School District. (Garcia, Sarah) (Filed on 11/15/2016) linkage added d on 11/17/2016 (bwS, COURT STAFF).
October 24, 2016 Opinion or Order Filing 11 ORDER GRANTING #10 DEFENDANTS' MOTION RE CASE MANAGEMENT CONFERENCE. Signed by Judge Beth Labson Freeman on 10/24/2016. (blflc2S, COURT STAFF) (Filed on 10/24/2016)
October 24, 2016 Electronic filing error. Incorrect event used. [err101]. Correct event is: Motion to Extend Time to File Document. Corrected by Clerk's Office. No further action is necessary. Re: #10 ADMINISTRATIVE MOTION Change in time of filing joint Case Management Statement and for Conducting a Case Management Conference filed by Moreland Unified School District (srnS, COURT STAFF) (Filed on 10/24/2016)
October 21, 2016 Filing 10 Motion to Extend Time to Prepare Joint Case Management Statement and for Conducting a Case Management Conference filed by Moreland Unified School District. Responses due by 10/25/2016. (Attachments: #1 Declaration, #2 Proposed Order)(Garcia, Sarah) (Filed on 10/21/2016) Modified on 10/24/2016 (srnS, COURT STAFF).
October 13, 2016 Filing 9 WAIVER OF SERVICE Returned Executed filed by F. E.. Service waived by Moreland Unified School District waiver sent on 9/16/2016, answer due 11/15/2016. (Tollner, David) (Filed on 10/13/2016)
October 13, 2016 Filing 8 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Tollner, David) (Filed on 10/13/2016)
July 19, 2016 Filing 7 CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE FOLLOWING REASSIGNMENT. Joint Case Management Statement due by 10/20/2016. Case Management Conference set for 10/27/2016 11:00 AM in Courtroom 3, 5th Floor, San Jose before Hon. Beth Labson Freeman. All other deadlines associated with the initial case management conference are adjusted accordingly. The Court does not issue a revised Initial Case Management Scheduling Order with ADR Deadlines. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/blf This is a text only docket entry, there is no document associated with this notice. (tsh, COURT STAFF) (Filed on 7/19/2016)
July 15, 2016 Opinion or Order Filing 6 ORDER REASSIGNING CASE. Case reassigned to Hon. Beth Labson Freeman for all further proceedings. Magistrate Judge Howard R. Lloyd remains as referral judge assigned to the case. Reassignment order signed by Executive Committee on 7/15/2016. (bwS, COURT STAFF) (Filed on 7/15/2016)
July 15, 2016 Filing 5 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. 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. (pmc, COURT STAFF) (Filed on 7/15/2016)
July 15, 2016 Filing 4 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by F. E., Delfina Eberly, Fritz Eberly.. (Tollner, David) (Filed on 7/15/2016)
July 14, 2016 Filing 3 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 10/11/2016. Case Management Conference set for 10/18/2016 01:30 PM in Courtroom 2, 5th Floor, San Jose. (dhmS, COURT STAFF) (Filed on 7/14/2016)
July 14, 2016 Filing 2 Case assigned to Magistrate Judge Howard R. Lloyd. 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. by 7/28/2016. (bwS, COURT STAFF) (Filed on 7/14/2016)
July 14, 2016 Filing 1 COMPLAINT against All Respondents. No process. ( Filing fee $ 400, receipt number 0971-10607455). Filed by Fritz & Delfina Eberly. (Attachments: #1 Civil Cover Sheet)(Tollner, David) (Filed on 7/14/2016) Modified text on 7/14/2016 (dhmS, 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 this case: F.E., v. Moreland Unified School District
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: F.E.,
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Moreland Unified School District
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Petitioner: F. E.
Represented By: Sarah Fairchild
Represented By: David Henry Tollner
Represented By: James Blake Sibley,
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Petitioner: Fritz Eberly
Represented By: Sarah Fairchild
Represented By: David Henry Tollner
Represented By: James Blake Sibley,
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Petitioner: Delfina Eberly
Represented By: Sarah Fairchild
Represented By: James Blake Sibley,
Represented By: David Henry Tollner
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Respondent: Theresa Molinelli
Represented By: Sarah Lynn Garcia
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Respondent: Rosie Luis
Represented By: Sarah Lynn Garcia
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Respondent: Heide Hansen
Represented By: Sarah Lynn Garcia
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Respondent: Janell Astor
Represented By: Sarah Lynn Garcia
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Respondent: Robert Garcia
Represented By: Sarah Lynn Garcia
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Respondent: Sarah Gein
Represented By: Sarah Lynn Garcia
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Respondent: Joyce Galvin
Represented By: Sarah Lynn Garcia
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Respondent: Denise Booker
Represented By: Sarah Lynn Garcia
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

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.


Why Is My Information Online?