T.B. et al v. San Diego Unified School District
Plaintiff: T.B., Allison Brenneise and Robert Brenneise
Defendant: San Diego Unified School District and Wyner and Tiffany
Special Master: John H. L'Estrange, Jr.
Intervenor: Marcy Tiffany
Case Number: 3:2008cv00028
Filed: January 4, 2008
Court: US District Court for the Southern District of California
Office: San Diego Office
County: San Diego
Presiding Judge: Jan M Adler
Referring Judge: Michael M Anello
Nature of Suit: Other Statutory Actions
Cause of Action: 20 U.S.C. § 1400 IDEA: Individuals With Disabilities Education Act (short title)
Jury Demanded By: Defendant
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Docket Report

This docket was last retrieved on July 30, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 30, 2019 Opinion or Order Filing 405 ORDER of USCA as to #393 Notice of Appeal to the 9th Circuit filed by San Diego Unified School District, #394 Notice of Appeal to the 9th Circuit filed by Robert Brenneise, T.B., Allison Brenneise. The parties' joint motion to dismiss these appeals is granted. The parties shall bear their own costs and attorneys' fees on appeal. A copy of this order shall serve as and for the mandate of the USCA. (akr)
April 27, 2018 Filing 404 TRANSCRIPT DESIGNATION AND ORDERING FORM by Allison Brenneise, Robert Brenneise, John H. L'Estrange, Jr, T.B., for proceedings held on 11/7/2016, 3/20/2017, 2/9/2018 re #394 Notice of Appeal to 9th Circuit. (Wyner, Steven). (Modified on 4/27/2018: Added docket text re designated hearing dates.) (akr).
April 25, 2018 Filing 403 TRANSCRIPT DESIGNATION AND ORDERING FORM by San Diego Unified School District for proceedings held on 02/19/2018 re #393 Notice of Appeal to 9th Circuit. (Attachments: #1 Certificate of Service)(Levine, Amy). (Modified on 4/25/2018: Removed duplicative docket text re attachment.) (akr).
April 24, 2018 Opinion or Order Filing 402 Order Directing Clerk of Court to Close the Case. Pursuant to the Court's 2/23/2018 Order #386 and the Clerk's 4/9/2018 Order #401 , the Brenneises' final award of attorneys' fees and costs totals $934,714.10. This action has now been resolved in its entirety. Accordingly, the Court directs the Clerk of Court to close the case. Signed by Judge Michael M. Anello on 4/24/2018.(rmc) (sjt).
April 9, 2018 Filing 401 Costs Taxed in amount of $350.00 against San Diego Unified School District (sjt)
April 2, 2018 Filing 400 SUPPLEMENTAL BRIEFING by Plaintiffs Allison Brenneise, Robert Brenneise, T.B., Guardian Ad Litem Party Allison Brenneise re #390 Objection to Bill of Costs, 388 Notice of Hearing - Bill of Costs, #387 Bill of Costs, #391 Bill of Costs, Declaration of Marcy J.K. Tiffany in Support of Bill of Costs as allowed by AHO Tweedle on 3.27.18. (Wyner, Steven) (rmc).
April 2, 2018 Filing 399 SUPPLEMENTAL BRIEFING by Plaintiffs Allison Brenneise, Robert Brenneise, T.B., Guardian Ad Litem Party Allison Brenneise re #390 Objection to Bill of Costs, 388 Notice of Hearing - Bill of Costs, #387 Bill of Costs, #391 Bill of Costs, Supplemental Briefing per AHO Tweedle at 3.27.18 Telephonic Hearing. (Wyner, Steven) (rmc).
March 28, 2018 Filing 398 USCA Time Schedule Order as to #394 Notice of Appeal to 9th Circuit, filed by Robert Brenneise, T.B., Allison Brenneise, #393 Notice of Appeal to 9th Circuit, filed by San Diego Unified School District. (akr)
March 28, 2018 Filing 397 USCA Case Number 18-55413 for #394 Notice of Appeal to 9th Circuit, filed by Robert Brenneise, T.B., Allison Brenneise. (akr)
March 27, 2018 Filing 396 USCA Time Schedule Order as to #393 Notice of Appeal to 9th Circuit, filed by San Diego Unified School District. (NOTICE TO PARTIES of deadlines regarding appellate transcripts: Appellant shall file transcript designation and ordering form with the US District Court (see attached), provide a copy of the form to the court reporter, and make payment arrangements with the court reporter on or by 4/25/2018 (see Ninth Circuit Rule 10-3.1); Due date for filing of transcripts in US District Court is 5/25/2018.) (cc: Court Reporters). (Attachments: #1 Transcript Designation and Ordering Form). (akr)
March 27, 2018 Filing 395 USCA Case Number 18-55396 for #393 Notice of Appeal to 9th Circuit, filed by San Diego Unified School District. (akr)
March 26, 2018 Filing 394 NOTICE OF APPEAL to the 9th Circuit as to #386 Order, #329 Order, by Allison Brenneise, Robert Brenneise, T.B. (Filing fee $ 505 receipt number 0974-11054024.) (Notice of Appeal electronically transmitted to US Court of Appeals.) (Wyner, Steven). (Modified on 3/27/2018: Added links to Orders.) (akr).
March 26, 2018 Filing 393 NOTICE OF APPEAL to the 9th Circuit as to #386 Order, by San Diego Unified School District. (Filing fee $ 505 receipt number 0974-11052862.) (Notice of Appeal electronically transmitted to US Court of Appeals.) (Levine, Amy). (Modified on 3/26/2018: Added link to Order.) (akr).
March 26, 2018 Filing 392 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 2/9/2018, before Judge Michael M. Anello. Court Reporter/Transcriber: Juliet Y. Eichenlaub. 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 or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 4/16/2018. Redacted Transcript Deadline set for 4/26/2018. Release of Transcript Restriction set for 6/25/2018. (akr)
March 23, 2018 Filing 391 BILL OF COSTS submitted on March 9, 2018, no change in amount by Plaintiffs Allison Brenneise, Robert Brenneise, T.B., Guardian Ad Litem Party Allison Brenneise in the amount of $ 30990.18. Hearing set for 3/27/2018 at 02:00PM. (Attachments: #1 Declaration Supplemental Decl of Steven Wyner iso Plaintiffs' Bill of Costs)(Wyner, Steven) (mpl). Modified on 4/9/2018 (sjt).
March 22, 2018 Filing 390 Objection to Bill of Costs re #387 Bill of Costs, filed by San Diego Unified School District. (Attachments: #1 Proof of Service Certificate of Service)(Levine, Amy) (anh).
March 20, 2018 Filing 389 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Excerpt) held on 2/9/2018, before Judge Michael M. Anello. Court Reporter/Transcriber: Juliet Y. Eichenlaub. 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 or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 4/10/2018. Redacted Transcript Deadline set for 4/20/2018. Release of Transcript Restriction set for 6/18/2018. (akr)
March 12, 2018 Filing 388 NOTICE of Hearing - Bill of Costs, re #387 Bill of Costs, filed by Robert Brenneise, T.B., Allison Brenneise : Hearing date noticed for 3/30/2018 is vacated. Hearing is reset for 3/27/2018 at 02:00PM. Any opposition or responsive pleading due 3/23/2018. All parties requesting to appear telephonically for this Bill of Costs hearing are directed to join on a conference call, then contact S. Tweedle 619-557-7349 at the time of the hearing. (no document attached) (tel)
March 9, 2018 Filing 387 BILL OF COSTS submitted by Plaintiffs Allison Brenneise, Robert Brenneise, T.B., Guardian Ad Litem Party Allison Brenneise in the amount of $ 30990.18. Hearing set for 3/30/2018 at 02:00PM. (Attachments: #1 Declaration Wyner Decl iso Bill of Costs)(Wyner, Steven)
February 23, 2018 Opinion or Order Filing 386 ORDER affirming in part #382 Tentative Ruling; adopting re #366 Report and Recommendation of Special Master; granting in part and denying in part #340 Plaintiffs' Supplemental Motion for Attorney Fees; granting in part and denying in part #376 Plaintiffs' Motion for Attorney Fees (1/19/2017 - 12/29/2017). The Court AFFIRMS IN PART its previously issued tentative rulings, ADOPTS the Special Master's Report and Recommendation in its entirety, and GRANTS IN PART and DENIES IN PART the Brenneises supplemental motion for attorneys' fees and costs. The Court GRANTS IN PART and DENIES IN PART the Brenneises' motion for attorneys' fees incurred between 1/19/2017 and 12/29/2017. The Court apportions payment of the Special Master's fees equallybetween the parties. Accordingly, the Court AWARDS the Brenneises $934,364.10 in attorneys' fees and costs. Signed by Judge Michael M. Anello on 2/23/2018. (acc)
February 21, 2018 Filing 385 NOTICE Of Payment of Special Master's Fee by San Diego Unified School District re #384 Order, (Attachments: #1 Proof of Service Certificate of Service)(Levine, Amy) (rmc).
February 12, 2018 Opinion or Order Filing 384 ORDER Directing Payment of Special Master's Fees. The Court orders Defendant San Diego Unified School District to remit full payment of the Special Master's fees, in the amount of $57,370.00 to: Wright, L'Estrange & Ergastolo, 402 West Broadway, Suite 1800, San Diego, California, 92101. Signed by Judge Michael M. Anello on 2/12/2018.(rmc)
February 9, 2018 Filing 383 Minute Entry for proceedings held before Judge Michael M. Anello: Motion Hearing held on 2/9/2018. Court takes #340 Motion for Attorney Fees, #366 Report and Recommendation and #376 Motion for Attorney Fees under submission. Court to issue written order in due course. (Court Reporter/ECR Juliet Eichenlaub). (Plaintiff Attorney Steven Wyner).(Defense Attorneys Amy Levine and Patrick Frost). (no document attached) (pdc)
February 8, 2018 Opinion or Order Filing 382 NOTICE AND ORDER Providing Tentative Rulings. Signed by Judge Michael M. Anello on 2/8/2018. (amk)
February 8, 2018 Filing 381 NOTICE of Errata to Correct as to Dkt 348-3 by Allison Brenneise, Robert Brenneise, T.B. re #348 Affidavit in Support of Motion, (Wyner, Steven)
February 5, 2018 Filing 380 NOTICE of Errata to Plaintiffs' Reply to Defendant's Opposition to Motion Requesting the Court to Consider Plaintiffs' Attorneys' Fees Incurred During the Period January 19, 2017 through December 29, 2017 by Allison Brenneise, Robert Brenneise, John H. L'Estrange, Jr, T.B. re #379 Response in Support of Motion (Wyner, Steven) QC mail sent advising of procedures to withdraw or strike a misfiled document (rmc).
February 2, 2018 Filing 379 REPLY in Support re #376 Supplemental MOTION for Attorney Fees Incurred During Period 1.19.17 - 12.29.17 filed by Allison Brenneise, Robert Brenneise, T.B. (Wyner, Steven) (rmc) (amk).
January 26, 2018 Filing 378 RESPONSE in Opposition re #376 Supplemental MOTION for Attorney Fees Incurred During Period 1.19.17 - 12.29.17 filed by San Diego Unified School District. (Attachments: #1 Declaration Amy R. Levine, #2 Proof of Service Certificate of Service)(Levine, Amy) (rmc).
January 2, 2018 Opinion or Order Filing 377 ORDER Vacating and Resetting Hearing on Plaintiff's Motions for Attorneys' Fees and Special Master's Report (ECF Nos. #340 , #366 , #376 ). Motions Hearing set for 2/9/2018 at 2:00 PM in Courtroom 3D before Judge Michael M. Anello. Signed by Judge Michael M. Anello on 1/2/2018.(mxn)
December 29, 2017 Filing 376 Supplemental MOTION for Attorney Fees Incurred During Period 1.19.17 - 12.29.17 by Allison Brenneise, Robert Brenneise, T.B.. (Attachments: #1 Declaration of Steven Wyner)(Wyner, Steven)(mxn).
December 7, 2017 Filing 375 NOTICE of Errata Re Table of Contents and Table of Authorities to Plaintiffs' Responses to the District's Objections to the Special Master's Report & Recommendattion Regarding Attorneys' Fees by Allison Brenneise, Robert Brenneise, John H. L'Estrange, Jr, T.B. re #373 Reply - Other (Wyner, Steven) (rmc).
December 7, 2017 Opinion or Order Filing 374 ORDER Setting Oral Argument Hearing. The Court sets a final Oral Argument hearing on #340 Plaintiff's Supplemental MOTION for Attorney Fees as well as the Special Master's Report thereon, for 1/26/2018 at 2:00 PM in Courtroom 3D before Judge Michael M. Anello. Signed by Judge Michael M. Anello on 12/7/2017.(rmc)
December 6, 2017 Filing 373 REPLY - Other re #366 REPORT AND RECOMMENDATION of Special Master Plaintiffs' Responses to the District's Objections to the Special Master's Report and Recommendations regarding Attorneys' Fees filed by Allison Brenneise, Robert Brenneise, John H. L'Estrange, Jr, T.B.. (Wyner, Steven) (rmc).
December 6, 2017 Filing 372 REPLY - Other re #366 REPORT AND RECOMMENDATION of Special Master Reply to Plaintiffs' Objections to Special Master's Report and recommendations Regarding Attorneys' Fees filed by San Diego Unified School District. (Attachments: #1 Proof of Service Certificate of Service)(Levine, Amy) (rmc).
November 20, 2017 Filing 371 NOTICE OF ERRATA by Allison Brenneise, Robert Brenneise, John H. L'Estrange, Jr, T.B. re #370 Reply - Other, Notice of Errata re Table of Contents and Table of Authorities filed ISO Plaintiffs' Reply to Report & Recommendation of Special Master. (Wyner, Steven) (rmc). Modified on 11/21/2017 (amk).
November 15, 2017 Filing 370 PLAINTIFFS' OBJECTIONS re #366 REPORT AND RECOMMENDATION of Special Master filed by Allison Brenneise, Robert Brenneise, John H. L'Estrange, Jr, T.B.. (Attachments: #1 Declaration Steven Wyner ISO of Objection to Special Master Report, #2 Exhibit 1 to Decl. of Steven Wyner, #3 Exhibit 2 to Decl of Steven Wyner, #4 Exhibit 3 to Decl. of Steven Wyner, #5 Exhibit 4 to Decl. of Steven Wyner, #6 Exhibit 5 to Decl. of Steven Wyner, #7 Declaration 6 to Decl. of Steven Wyner)(Wyner, Steven) (ag).
November 15, 2017 Filing 369 OBJECTION by San Diego Unified School District Objections to Special Master's Report and Recommendation. (Attachments: #1 Proof of Service Certificate of Service)(Levine, Amy) (ag).
October 23, 2017 Opinion or Order Filing 368 ORDER Granting #367 Joint Motion to Extend the Dates for Filing Objections and Responses to the Special Master Report and to Enlarge Page Limitation and Amended Special Master Briefing Schedule. The parties may file objections to the Report, not to exceed twenty (20) pages in length, on or before 11/15/2017. The parties may file responses to each others objections to the Report, not to exceed fifteen (15) pages in length, on or before 12/6/2017.As previously ordered, no replies will be accepted. Upon completion of the briefing, the Court will set a final Oral Argument hearing. Signed by Judge Michael M. Anello on 10/23/2017. (ag)
October 19, 2017 Filing 367 Joint MOTION for Extension of Time to File Response/Reply as to #365 Order on Motion for Miscellaneous (Other 1) for Filing Objectins and Responses to the Special Master Report, Joint MOTION for Leave to File Excess Pages and to Enlarge Page Limitations by San Diego Unified School District. (Attachments: #1 Supplement Declaration, #2 Proof of Service)(Levine, Amy) (ag).
October 2, 2017 Filing 366 Special Master Report and Recommendation by John H. L'Estrange, Jr (Attachments: #1 Proof of Service)(L'Estrange, John)
July 21, 2017 Opinion or Order Filing 365 ORDER Granting #364 Motion to Extend the Special Master Briefing Schedule as to All Dates. Signed by Judge Michael M. Anello on 7/21/2017. (ag)
July 20, 2017 Filing 364 Joint MOTION to Extend the Special Master Briefing Schedule as to All Dates by Allison Brenneise, Robert Brenneise, John H. L'Estrange, Jr, T.B.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Wyner, Steven)Attorney Steven Wyner added to party John H. L'Estrange, Jr(pty:sm) (ag).
June 19, 2017 Opinion or Order Filing 363 ORDER Granting Special Master's #362 Request for Enlargement of Time and Pemission to Use a Paralegal. Signed by Judge Michael M. Anello on 6/19/2017. (ag)
June 15, 2017 Filing 362 NOTICE of Request for Enlargement of Time and Permission to Use a Paralegal by John H. L'Estrange, Jr (Attachments: #1 Proof of Service)(L'Estrange, John) Modified on 6/15/2017 to create motion (ag).
April 24, 2017 Filing 361 DECLARATION re #360 Order Referring Case to Special Master by Special Master John H. L'Estrange, Jr. (Attachments: #1 Proof of Service)(L'Estrange, John) (ag).
April 14, 2017 Opinion or Order Filing 360 ORDER Appointing John H. L'Estrange, Jr. as Special Master appointed. Signed by Judge Michael M. Anello on 4/14/2017.(ag) Modified on 4/14/2017 to note that a copy of this order was served on Mr. L'Estrange (ag).
April 3, 2017 Filing 359 Response to Court's March 20, 2017 Request re Issues, Special Master, and Settlement Conference by Allison Brenneise, Robert Brenneise, T.B.. (Wyner, Steven) (ag).
April 3, 2017 Filing 358 Statement of Issues Decided Or To Be Decided In Connectiion with Plaintiffs' Motion for Attorneys' Fees and Costs by San Diego Unified School District (Attachments: #1 Proof of Service)(Levine, Amy) (ag).
April 3, 2017 Filing 357 Response to Special Master Proposed By Court by San Diego Unified School District re #353 Order (Attachments: #1 Proof of Service)(Levine, Amy) (ag).
March 30, 2017 Filing 356 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 3/20/2017, before Judge Michael M. Anello. Court Reporter/Transcriber: Juliet Y. Eichenlaub. 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 or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 4/20/2017. Redacted Transcript Deadline set for 5/1/2017. Release of Transcript Restriction set for 6/28/2017. (akr)
March 20, 2017 Filing 355 Minute Entry for proceedings held before Judge Michael M. Anello: Motion Hearing/Oral Argument Hearing held on 3/20/2017.(Court Reporter/ECR Juliet Eichenlaub). (Plaintiff Attorney Steven Wyner). (Defense Attorney Amy Levine and Patrick Frost). (no document attached) (pdc)
March 17, 2017 Filing 354 NOTICE Plaintiffs' Objections to Evidence Submitted by SDUSD iso its Sur-Reply to Plaintiffs' Supplemental Opening Brief on Their Motion for Attorneys' Fees by Allison Brenneise, Robert Brenneise, T.B. re #350 Sur-Reply, (Attachments: #1 Declaration of Steven Wyner iso Objections to SDUSD Evidence, #2 Declaration of Marcy Tiffany iso Objections to SDUSD Evidence)(Wyner, Steven) (jjg).
March 17, 2017 Opinion or Order Filing 353 NOTICE AND ORDER Re: Appointment of Special Master. Signed by Judge Michael M. Anello on 3/17/2017. (amk)
March 17, 2017 Opinion or Order Filing 352 ORDER re Sealed Documents: The Court orders that counsel for the parties in this action be granted electronic access to the sealed documents in this case.Signed by Judge Michael M. Anello on 3/17/17.(pdc)
March 8, 2017 Filing 351 RESPONSE re #346 Objection, to Evidence Submitted In Support Of District's Opposition to Plaintiffs' Supplemental Opening Brief and Original Motion for Attorneys' Fees filed by San Diego Unified School District. (Attachments: #1 Proof of Service Certificate of Service)(Levine, Amy) (ag).
March 8, 2017 Filing 350 SUR-REPLY to Plaintiffs' Supplemental Opening Brief on Motion for Attorneys' Fees filed by San Diego Unified School District. (Attachments: #1 Declaration of Sarah L.W. Sutherland, #2 Declaration of Terry L. Porter, #3 Certificate of Service)(Levine, Amy) (ag).
February 23, 2017 Filing 349 NOTICE OF ERRATA Re: REPLY to Response to Motion re #340 Supplemental MOTION for Attorney Fees per Special Briefing Order Dkt 343 filed by Allison Brenneise, Robert Brenneise, T.B.. (Wyner, Steven) (ag).
February 23, 2017 Filing 348 Supplemental Declaration in Support re #340 Supplemental MOTION for Attorney Fees per Special Briefing Order Dkt 343 filed by Allison Brenneise, Robert Brenneise, T.B.. (Attachments: #1 Exhibit Exhibit P to SW Reply Decl, #2 Exhibit Exhibit Q to SW Reply Decl, #3 Exhibit R to SW Reply Decl, #4 Exhibit S to SW Reply Decl, #5 Exhibit T to SW Reply Decl, #6 Certificate of Service SW Decl)(Wyner, Steven) (ag).
February 22, 2017 Filing 347 REPLY to Response to Motion re #340 Supplemental MOTION for Attorney Fees per Special Briefing Ordered by Court Dkt. 343 filed by Allison Brenneise, Robert Brenneise, T.B.. (Wyner, Steven) (ag).
February 22, 2017 Filing 346 OBJECTION by Robert Brenneise, T.B. re #345 Notice (Other),, #344 Response to Supplemental Briefing,, to Defendant's Evidence Submitted in Support of its Opposition to Plaintiffs' Supplemental Opening Brief and Original Motion for Attorneys' Fees. (Wyner, Steven) (ag).
February 8, 2017 Filing 345 NOTICE of Errata Re Declaration of Elizabeth A. Estes in Oppostion to Plaintiffs' Motion for Attorneys' Fees and Costs by San Diego Unified School District (Attachments: #1 Exhibit R-W - Part 1 to Notice of Errata, #2 Exhibit R-W - Part 2 to Notice of Errata, #3 Exhibit R-W - Part 3 to Notice of Errata, #4 Exhibit R-W - Part 4 to Notice of Errata, #5 Exhibit R-W - Part 5 to Notice of Errata, #6 Exhibit R-W - Part 6 to Notice of Errata, #7 Exhibit Y to Notice of Errata, #8 Exhibit Z to Notice of Errata, #9 Proof of Service Certificate of Service)(Levine, Amy) (ag).
February 8, 2017 Filing 344 RESPONSE TO SUPPLEMENTAL BRIEFING by San Diego Unified School District re #341 Supplemental Briefing, Opposition to Supplemental Opening Brief. (Attachments: #1 Declaration of Amy R Levine, #2 Exhibit A-1 to Decl of Amy R Levine, #3 Exhibit A-2 to Decl of Amy R Levine, #4 Exhibit A-3 to Decl of Amy R Levine, #5 Exhibit A-4 to Decl of Amy R Levine, #6 Exhibit A-5 to Decl of Amy R Levine, #7 Exhibit B to Decl of Amy R Levine, #8 Exhibit C to Decl of Amy R Levine, #9 Declaration of Amy Rogers, #10 Declaration of William Hensley, #11 Request for Judicial Notice, #12 Proof of Service Certificate of Service)(Levine, Amy) (ag).
January 20, 2017 Opinion or Order Filing 343 ORDER Granting #342 Joint Motion; Amending Briefing Schedule and Resetting Oral Argument Hearing. Defendant's response to Plaintiffs' supplemental opening brief remains due for filing or before 2/8/2017. Plaintiffs may file a reply to Defendant's response on or before 2/22/2017. In the event Plaintiffs file a reply brief, Defendant may file a sur-reply on or before 3/8/2017. The Court vacates the Oral Argument Hearing previously set for 3/3/2017 and resets the the Oral Argument Hearing for 3/20/2017 at 3:00 p.m.. Signed by Judge Michael M. Anello on 1/20/2017. (ag)
January 20, 2017 Filing 342 Joint MOTION to Continue Extend Supplemental Briefing Schedule by San Diego Unified School District. (Attachments: #1 Proof of Service)(Levine, Amy) (ag).
January 19, 2017 Filing 341 SUPPLEMENTAL BRIEFING by Plaintiffs Allison Brenneise, Robert Brenneise, T.B., Guardian Ad Litem Party Allison Brenneise re #340 Supplemental MOTION for Attorney Fees Table of Contents and Table of Authorities in Support of Supplemental Opening Brief on Motion for Attorneys' Fees. (Wyner, Steven) (ag).
January 18, 2017 Filing 340 Supplemental MOTION for Attorney Fees by Allison Brenneise, Robert Brenneise, T.B.. (Attachments: #1 Declaration in Support of Plaintiffs' Supplemental Opening Brief, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Declaration Marcy Tiffany with Exhibits A and B, #18 Declaration Thomas Nelson, #19 Declaration George Crook, #20 Declaration Timothy Adams, #21 Declaration Maureen Graves, #22 Proof of Service of all Plaintiffs' Supplemental Opening Brief and Supporting Documents)(Wyner, Steven) (ag).
January 11, 2017 Opinion or Order Filing 339 ORDER Granting #337 Joint Motion for Extension of Supplemental Briefing Schedule. Signed by Judge Michael M. Anello on 1/11/2017. (ag)
January 11, 2017 Filing 338 CERTIFICATE OF SERVICE by Allison Brenneise, Robert Brenneise, T.B. re #337 Joint MOTION to Continue and Extend Supplemental Briefing Schedule as to the Submission of Supplemental Briefing on the Award of Attorneys' FeesJoint MOTION for Extension of Time to File Plaintiffs' Opening Brief, Defendant's Response, Plaintiffs' Reply and Defendant's Sur-Reply if any (Wyner, Steven) (ag).
January 11, 2017 Filing 337 Joint MOTION to Continue and Extend Supplemental Briefing Schedule as to the Submission of Supplemental Briefing on the Award of Attorneys' Fees, Joint MOTION for Extension of Time to File Plaintiffs' Opening Brief, Defendant's Response, Plaintiffs' Reply and Defendant's Sur-Reply if any by Allison Brenneise, Robert Brenneise, T.B.. (Wyner, Steven) (ag).
December 29, 2016 Filing 336 Joint NOTICE of Lodgment by San Diego Unified School District (Attachments: #1 Exhibit A - Joint Appendix, #2 Proof of Service Certificate of Service)(Levine, Amy) (ag).
December 12, 2016 Filing 335 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Motion Hearing) held on 11/7/2016, before Judge Michael M. Anello. Court Reporter/Transcriber: Frank J. Rangus. 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 or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 1/3/2017. Redacted Transcript Deadline set for 1/12/2017. Release of Transcript Restriction set for 3/13/2017. (akr)
December 7, 2016 Opinion or Order Filing 334 AMENDED ORDER Setting Schedule For Submission of Supplemental Briefing on Attorneys' Fees And Oral Argument Hearing: The parties must file true and correct copies of the briefs, declarations, and other papers filed in the Ninth Circuit Court of Appeals related to Plaintiffs/Appellants' motion for attorneys' fees arising out of their successful appeal of the District Court's award of attorneys' fees on or before 12/31/2016. Plaintiff's must file their supplemental opening brief on or before 1/11/2017. Responses due by 2/1/2017. Replies due by 2/8/2017. In the event Plaintiff's file a reply brief, Defendant may file a sur-reply on or before 2/15/2017. Oral Argument Hearing set for 3/3/2017 at 09:30 AM in Courtroom 3A. Signed by Judge Michael M. Anello on 12/7/2016.(dxj) (jao).
December 2, 2016 Opinion or Order Filing 333 ORDER Setting Schedule For Submission of Supplemental Briefing on Attorneys Fees And Oral Argument Hearing: Plaintiff's must file their supplemental opening brief on or before 1/11/2017. Responses due by 2/1/2017. Replies due by 2/8/2017. In the event Plaintiff's file a reply brief, Defendant may file a sur-reply on or before 2/15/2017. Oral Argument Hearing set for 3/3/2016 at 09:30 AM in Courtroom 3A. Signed by Judge Michael M. Anello on 12/2/2016.(dxj) (jao).
December 1, 2016 Filing 332 NOTICE of Unavailability of Counsel by San Diego Unified School District (Attachments: #1 Proof of Service Certificate of Service)(Levine, Amy) (ag).
November 30, 2016 Filing 331 Joint STATUS REPORT by Allison Brenneise, Robert Brenneise, T.B.. (Wyner, Steven) (ag).
November 17, 2016 Filing 330 Minute Entry for proceedings held before Magistrate Judge Jan M. Adler: Settlement Conference held on 11/17/2016(Plaintiff Attorney Steven Wyner). (Defendant Attorney Amy Levine). (no document attached) (kxb)
November 15, 2016 Opinion or Order Filing 329 ORDER Affirming Tentative Rulings: Denying Marcy Tiffany's #294 Motion to Intervene; Denying Plaintiff's #302 Motion for Leave to File Third Amended Complaint and Granting Defendant's #298 Motion for Summary Judgment re: Fifth Claim for Relief. The Court vacates all previously set pretrial deadlines and hearings, see Doc. No. #290 , including the 1/23/2017 Final Pretrial Conference and the 2/14/2017 trial date. The Court orders the parties to file a joint status report on or before 11/30/2016, setting forth a proposed schedule for the submission of supplemental briefs regarding the award of attorneys' fees to the Brenneises. Signed by Judge Michael M. Anello on 11/15/2016. (ag)
November 7, 2016 Filing 328 Minute Entry for proceedings held before Judge Michael M. Anello: Motion Hearing held on 11/7/2016. Court confirms its tentative ruling re #297 Motion to Withdraw as Attorney as to Marcy Tiffany. Court takes under submission #294 Motion to Intervene, #298 Motion for Summary Judgment and #302 Motion for Leave to File Third Amended Complaint. (Court Reporter/ECR Frank Rangus). (Plaintiff Attorney Steven Wyner).(Defendant Attorney Amy Levine).(Attorney Marcy Tiffany). (no document attached) (pdc)
November 7, 2016 Opinion or Order Filing 327 Notice of Document Discrepancies and Order Thereon by Judge Michael M. Anello Rejecting, from Plaintiffs Allison Brenneise, Robert Brenneise, T.B.. Non-compliance with local rule(s), Supplemental documents require leave of court; untimely per Civil Local Rule 7.1.. IT IS HEREBY ORDERED: The document is rejected. It is ordered that the Clerk STRIKE the document from the record, and serve a copy of this order on all parties. Signed by Judge Michael M. Anello on 11/7/2016.(fth) (Additional attachment(s) added on 11/7/2016: #1 Rejected Document) (fth).
November 7, 2016 Filing 326 **DOCUMENT STRICKEN PER ORDER #327 ** REQUEST FOR JUDICIAL NOTICE by Allison Brenneise, Robert Brenneise, T.B. re #325 Order Providing Tentative Rulings re Pending Motions (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Proof of Service)(Wyner, Steven) (Main Document 326 replaced on 11/7/2016) (fth). Modified on 11/7/2016 TO STRIKE DOCUMENT (fth) (fth).
November 4, 2016 Opinion or Order Filing 325 NOTICE AND ORDER Providing Tentative Rulings Re: Pending Motions. Signed by Judge Michael M. Anello on 11/4/2016.(amk)
October 31, 2016 Opinion or Order Filing 323 ORDER granting #300 Defendant's Motion to File Documents Under Seal. Signed by Judge Michael M. Anello on 10/31/2016. (kcm)
October 31, 2016 Filing 322 REPLY to Response to Motion re #294 MOTION to Intervene filed by Marcy Tiffany. (Attachments: #1 Declaration Marcy J.K. Tiffany)(Tiffany, Marcy) (fth).
October 31, 2016 Filing 321 REPLY to Response to Motion re #298 MOTION for Summary Judgment (Fifth Claim For Relief) filed by San Diego Unified School District. (Attachments: #1 Declaration of Amy R. Levine, #2 Exhibit A to Decl. of Amy R. Levine, #3 Exhibit B to Decl. of Amy R. Levine, #4 Exhibit C to Decl. of Amy R. Levine, #5 Exhibit D to Decl. of Amy R. Levine, #6 Exhibit E to Decl. of Amy R. Levine, #7 Exhibit F to Decl. of Amy R. Levine, #8 Proof of Service Certificate of Service)(Levine, Amy) (fth).
October 27, 2016 Filing 320 NOTICE Certificate of Service re Reply to Defendant's Opposition to Motion for Leave to File TAC by Allison Brenneise, Robert Brenneise, T.B. re #319 Response in Support of Motion (Wyner, Steven) (fth).
October 27, 2016 Filing 319 RESPONSE in Support re #302 MOTION Leave to File Third Amended Complaint Reply to Defendant's Opposition filed by Allison Brenneise, Robert Brenneise, T.B.. (Wyner, Steven) (fth).
October 26, 2016 Filing 318 NON Opposition re #297 MOTION to Withdraw as Attorney for Plaintiffs T.B., Allison Brenneise and Robert Brenneise, and Allison Brenneise, as Guardian Ad Litem filed by Allison Brenneise, Robert Brenneise, T.B.. (Wyner, Steven) (fth).
October 26, 2016 Filing 317 NOTICE of Errata and Correction to Plaintiffs' Memo of Points & Authorities in Opposition to Motion for Summary Judgment as to Count V by Allison Brenneise, Robert Brenneise, T.B. re #311 Response in Opposition to Motion, (Wyner, Steven) (fth).
October 24, 2016 Filing 316 RESPONSE in Opposition re #294 MOTION to Intervene filed by Allison Brenneise, Robert Brenneise, T.B.. (Attachments: #1 Declaration ISO Opposition to Motion to Intervene, #2 Proof of Service re Opposition to Motion to Intervene)(Wyner, Steven) (fth).
October 24, 2016 Filing 315 RESPONSE in Opposition re #294 MOTION to Intervene by Marcy Tiffany, Tiffany Law Group, P.C. filed by San Diego Unified School District. (Attachments: #1 Declaration of Amy Levine ISO of Opposition, #2 Proof of Service)(Levine, Amy) (fth).
October 24, 2016 Filing 314 NON Opposition re #297 MOTION to Withdraw as Attorney filed by San Diego Unified School District. (Attachments: #1 Proof of Service)(Levine, Amy) (fth).
October 21, 2016 Filing 313 NOTICE of Certificate of Service by Allison Brenneise, Robert Brenneise, T.B. re #311 Response in Opposition to Motion, (Wyner, Steven) (fth).
October 21, 2016 Filing 312 RESPONSE in Opposition re #298 MOTION for Summary Judgment (Fifth Claim For Relief) Plaintiffs' Statement of Genuine Disputes of Material Fact filed by Allison Brenneise, Robert Brenneise, T.B.. (Wyner, Steven) (fth).
October 21, 2016 Filing 311 RESPONSE in Opposition re #298 MOTION for Summary Judgment (Fifth Claim For Relief) filed by Allison Brenneise, Robert Brenneise, T.B.. (Attachments: #1 Declaration Steven Wyner in Support of Plaintiffs' Oppo to Defendant's MSJ, #2 Exhibit 1 to Decl of Steven Wyner, #3 Notice of Plaintiffs' Response to Def's Separate Statement of Undisputed Facts in Support of its MSJ)(Wyner, Steven) (fth).
October 20, 2016 Opinion or Order Filing 310 ORDER granting in part and denying in part Plaintiff's #308 Ex Parte Application Re: Briefing Schedule. Plaintiffs must file their opposition to the summary judgment motion by 10/21/2016. Defendant may file its reply brief on the summary judgment by 10/31/2016. Plaintiffs must file their reply brief on their motion for leave to file a Third Amended Complaint by 10/27/2016. Signed by Judge Michael M. Anello on 10/20/2016. (fth) Modified on 10/21/2016 (amk).
October 19, 2016 Filing 309 Response in Opposition to Ex Parte Application **NOTICE RE District's Opposition to Plaintiffs' Ex Parte Application for Order Permitting Plaintiffs to Late File Opposition to Motion For Summary Judgment and Reply to District's Opposition to Motion for Leave to File Third Amended Complaint** by San Diego Unified School District re #308 MOTION for Extension of Time to File Response/Reply (Attachments: #1 Declaration Amy Levine ISO Opposition to Ex Parte Application, #2 Exhibit 1 to Decl. of Amy Levine, #3 Proof of Service)(Levine, Amy) QC EMAIL - wrong event selected (fth).
October 18, 2016 Filing 308 Ex Parte Application for Extension of Time to File Response **NOTICE of Plaintiffs' Ex Parte Application to Late File Papers** by Allison Brenneise, Robert Brenneise, T.B. re #290 Scheduling Order,, Terminate Motion and R&R Deadlines/Hearings, (Attachments: #1 Declaration John Cannizzo iso Plaintiffs' Ex Parte Application, #2 Declaration Steve Wyner iso Plaintiffs' Ex Parte Application, #3 Exhibit 1 to Wyner Declaration, #4 Exhibit 2 to Wyner Declaration, #5 Proof of Service re Plaintiffs' Ex Parte Application)(Wyner, Steven) QC EMAIL - wrong event selected (fth).
October 18, 2016 Opinion or Order Filing 307 Minute Order Vacating and Resetting Motion Hearing: Defendant San Diego Unified School District has filed a #298 motion for summary judgment re: Plaintiff's fifth claim for relief. Plaintiff has filed a #302 motion for leave to file a third amended complaint. Both motions are currently set for hearing on October 24, 2016. There are additional motions #294 #297 pending in this action set for hearing on November 7, 2016. In the interest of judicial efficiency, the Court VACATES the previously scheduled motion hearing and RESETS Defendant's #298 motion for summary judgment and Plaintiff's #302 motion for leave to amend for hearing on November 7, 2016 at 2:30 p.m. in Courtroom 3A. The rescheduled hearing on these two motions does not alter or amend the previous briefing schedule; any additional briefing filed regarding the pending motion for summary judgment or motion for leave to amend will require leave of court. SO ORDERED by Judge Michael M. Anello on 10/18/2016. (no document attached) (amk)
October 14, 2016 Filing 306 REPLY Brief in Support re #298 MOTION for Summary Judgment (Fifth Claim For Relief) District's Reply In Support of Its Motion filed by San Diego Unified School District. (Attachments: #1 Proof of Service)(Levine, Amy) Modified on 10/18/2016 (amk).
October 7, 2016 Filing 305 RESPONSE in Opposition re #302 MOTION Leave to File Third Amended Complaint filed by San Diego Unified School District. (Attachments: #1 Declaration Amy R. Levine, #2 Exhibit 1-3 to Decl. of Amy Levine, #3 Exhibit 4 to Decl. of Amy Levine, #4 Declaration Sarah Sutherland, #5 Proof of Service)(Levine, Amy) (fth).
September 27, 2016 Filing 304 CERTIFICATE OF SERVICE by San Diego Unified School District re #300 MOTION to File Documents Under Seal (Levine, Amy) (fth).
September 27, 2016 Filing 303 NOTICE OF WITHDRAWAL OF DOCUMENT by San Diego Unified School District re #299 MOTION to File Documents Under Seal filed by San Diego Unified School District . (Attachments: #1 Proof of Service)(Levine, Amy) (fth).
September 26, 2016 Filing 302 MOTION Leave to File Third Amended Complaint by Allison Brenneise, Robert Brenneise, T.B.. (Attachments: #1 Declaration of Tyler Brenneise in Support of Motion for Leave to File Third Amended Complaint, #2 Exhibit 1 to Tyler Brenneise Decl, #3 Exhibit 2 to Tyler Brenneise Decl, #4 Exhibit 3 to Tyler Brenneise Decl, #5 Exhibit 4 to Tyler Brenneise Decl, #6 Declaration of Steven Wyner in Support of Motion for Leave to File Third Amended Complaint, #7 Exhibit 5 to Steven Wyner Decl, #8 Exhibit 6 to Steven Wyner Decl, #9 Proof of Service COS re Motion for Leave to File Third Amended Complaint and all Supporting Documents)(Wyner, Steven)Attorney Steven Wyner added to party Allison Brenneise(pty:gal) (fth).
September 26, 2016 Filing 301 ***FILED AS SEALED DOCUMENT ON 10/31/2016***SEALED LODGED Proposed Document re: #300 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Levine, Amy) (kcm).
September 26, 2016 Filing 300 MOTION to File Documents Under Seal (With attachments)(Levine, Amy) QC EMAIL - Missing Certificate of Service (fth).
September 26, 2016 Filing 299 **WITHDRAWN PER NOTICE #303 ** MOTION to File Documents Under Seal (Levine, Amy) QC EMAIL - Duplicate of Doc. 300 (fth). Modified on 9/28/2016 to withdraw document (fth).
September 26, 2016 Filing 298 MOTION for Summary Judgment (Fifth Claim For Relief) by San Diego Unified School District. (Attachments: #1 Memo of Points and Authorities, #2 Statement of Facts, #3 Declaration Amy R. Levine, #4 Proof of Service Certificate of Service)(Levine, Amy) (fth).
September 12, 2016 Filing 297 MOTION to Withdraw as Attorney by Marcy Tiffany. (Attachments: #1 Memo of Points and Authorities in Support of Motion, #2 Declaration of Marcy Tiffany in Support of Motion)(Tiffany, Marcy) (acc).
September 12, 2016 Filing 296 NOTICE of Withdrawal of Motion by Marcy Tiffany re #293 MOTION to Withdraw as Attorney & Declaration of M. Tiffany in Support of Motion (Tiffany, Marcy)(acc).
September 12, 2016 Filing 295 NOTICE of Attorneys' Lien by Marcy Tiffany (Tiffany, Marcy) (fth).
September 12, 2016 Filing 294 MOTION to Intervene by Marcy Tiffany. (Attachments: #1 Memo of Points and Authorities in Support of Motion to Intervene, #2 Declaration Marcy Tiffany)(Tiffany, Marcy)Attorney Marcy Tiffany added to party Marcy Tiffany(pty:intv) (fth).
September 12, 2016 Filing 293 **WITHDRAWN per #296**MOTION to Withdraw as Attorney & Declaration of M. Tiffany in Support of Motion by Allison Brenneise, Robert Brenneise, T.B.. (Tiffany, Marcy) QC EMAIL - missing memo of points and authorities (fth). Modified on 9/13/2016 (acc).
September 8, 2016 Opinion or Order Filing 292 ORDER SCHEDULING SETTLEMENT CONFERENCE. Settlement Conference set for 11/17/2016 at 10:00 AM before Magistrate Judge Jan M. Adler. Signed by Magistrate Judge Jan M. Adler on 9/8/2016.(fth)
August 10, 2016 Opinion or Order Filing 291 ORDER of USCA as to #252 Notice of Appeal to 9th Circuit, filed by Robert Brenneise, Wyner and Tiffany, T.B., Allison Brenneise. Plaintiffs-Appellants' Motion for Attorneys' Fees, in which they seek an interim award of attorneys' fees incurred on appeal, is granted in part. We previously vacated and remanded the USDC's award for fees and costs related to Appellants' IDEA claim against the San Diego Unified School District. Appellants are entitled to some amount of attorneys' fees for their successful appeal of the USDC's award. We transfer this matter to the USDC for the sole purpose of determining the amount to be awarded as fees on appeal, taking into account the fees to be awarded for work in the USDC and before the ALJ. The district's motion for leave to file a surreply is granted. The district's request to strike the Supplemental Declaration of Marcy J.K. Tiffany is denied. The USDC has discretion to decide the amount of weight to be accorded to the Supplemental Declaration in light of the arguments in the district's surreply. The district's amended motion to withdraw and amend Exhibit A to the Declaration of Patrick Frost is granted. This panel retains responsibility for further appeals that may arise in this matter. (akr)
July 28, 2016 Opinion or Order Filing 290 SCHEDULING ORDER following Remand from The Ninth Circuit: Memorandum of Contentions of Fact and Law due by 12/26/2016. Final Pretrial Conference set for 1/23/2017 2:30 PM before Judge Michael M. Anello. Proposed Pretrial Order due by 2/3/2017. Jury Trial set for 2/14/2017 8:30 AM before Judge Michael M. Anello. Signed by Judge Michael M. Anello on 7/28/2016.(fth)
July 25, 2016 Filing 289 Minute Entry for proceedings held before Judge Michael M. Anello: Status Hearing held on 7/25/2016. Final Pretrial Conference set for 1/23/2017 02:30 PM in Courtroom 3A before Judge Michael M. Anello. Motion Hearing set for 10/24/2016 2:30 PM before Judge Michael M. Anello. Motion In Limine Hearing set for 2/6/2017 02:00 PM in Courtroom 3A before Judge Michael M. Anello. Jury Trial set for 2/14/2017 08:30 AM in Courtroom 3A before Judge Michael M. Anello. Counsel to contact the assigned Magistrate Judge to schedule a settlement conference. (Court Reporter/ECR Elizabeth Cesena). (Plaintiff Attorney Steven Wyner). (Defendant Attorney Amy Levine). (no document attached) (pdc)
June 1, 2016 Opinion or Order Filing 288 Notice of Document Discrepancies and Order Thereon by Judge Michael M. Anello Rejecting Document #287 : Defendant San Diego Unified School District, from Defendant San Diego Unified School District. Non-compliance with local rule(s), OTHER: Ex parte communication with the Court is prohibited pursuant to Civil Local Rule 83.9. This includes ex parte communication with the assigned judges staff and/or courtroom deputy, particularly when matters of a confidential or sensitive nature are referenced in the inappropriate communication. Signed by Judge Michael M. Anello on 6/1/2016.(vam) (Additional attachment(s) added on 6/1/2016: #1 Stricken Document) (vam).
May 27, 2016 Filing 287 ***DOCUMENT STRICKEN PER ORDER #288 ***OBJECTION by San Diego Unified School District to Marcy Tiffany's Letter to Courtroom Deputy Re Recusal. (Attachments: # 1 Proof of Service)(Levine, Amy) (Main Document 287 replaced on 6/1/2016) (vam). Modified on 6/1/2016 (vam).
May 16, 2016 Filing 286 MANDATE of USCA affirming in part, reversing in part, vacating in part, and remanding to the USDC as to #252 Notice of Appeal to the 9th Circuit, filed by Robert Brenneise, Wyner and Tiffany, T.B., Allison Brenneise. (akr)
May 16, 2016 Filing 285 Minute Entry for proceedings held before Judge Michael M. Anello: Appeal Mandate Hearing held on 5/16/2016. Appeal Mandate ordered filed. Case affirmed in part, reversed in part, vacated in part and remanded for further proceedings. Status Hearing set for 7/25/2016 02:30 PM in Courtroom 3A before Judge Michael M. Anello. (Court Reporter/ECR Elizabeth Cesena). (Plaintiff Attorney Marcy Tiffany and Steven Wyner). (Defense Attorney Sarah Sutherland). (no document attached) (pdc)
April 5, 2016 Opinion or Order Filing 284 Minute Order Vacating and Resetting Appeal Mandate Hearing: Due to a scheduling conflict, on the Court's own motion, the Appeal Mandate Hearing previously set for May 2, 2016 is VACATED and RESET for May 16, 2016 at 2:30 p.m. in Courtroom 3A. SO ORDERED by Judge Michael M. Anello on 4/5/2016. (no document attached) (amk)
February 29, 2016 Opinion or Order Filing 283 ORDER of USCA as to #252 Notice of Appeal to 9th Circuit, filed by Robert Brenneise, Wyner and Tiffany, T.B., Allison Brenneise. On or before March 28, 2016, Appellants may file a reply in support of their motion for attorneys' fees. (skh). (Main Document 283 replaced on 2/29/2016 with the Order of USCA issued on 2/29/2016. Edited docket text to state the contents of the Order of USCA issued on 2/29/2016.) (akr).
February 19, 2016 Opinion or Order Filing 282 ORDER Granting Parties' Joint Motion for Continuance of Appeal Mandate Hearing #281 . The Court vacates and resets the appeal mandate hearing for 5/2/2016 at 2:30 p.m. Signed by Judge Michael M. Anello on 2/19/2016. (vam)
February 18, 2016 Filing 281 Joint MOTION Continuance of Appeal Mandate Hearing re #277 Joint MOTION to Continue Appeal Mandate Hearing by San Diego Unified School District. (Attachments: #1 Proof of Service)(Levine, Amy)
January 19, 2016 Opinion or Order Filing 280 ORDER of USCA as to #252 Notice of Appeal to 9th Circuit, filed by Robert Brenneise, Wyner and Tiffany, T.B., Allison Brenneise. Appellee San Diego Unified School District may file a response to Appellants' motion for attorneys' fees on or before February 19, 2016. (akr)
December 29, 2015 Opinion or Order Filing 279 ORDER Granting Joint Motion for Continuance of Appeal Mandate Hearing #277 . The Appeal Mandate Hearing is continued to 2/22/2016 at 2:30 p.m. in Courtroom 3A. Counsel for the parties must attend the hearing and be prepared to discuss the status of the litigation and their suggestions on how to proceed. Signed by Judge Michael M. Anello on 12/29/2015. (vam)
December 29, 2015 Filing 278 CERTIFICATE OF SERVICE by San Diego Unified School District re #277 Joint MOTION to Continue Appeal Mandate Hearing (Levine, Amy)
December 29, 2015 Filing 277 Joint MOTION to Continue Appeal Mandate Hearing by San Diego Unified School District. (Levine, Amy)
December 18, 2015 Opinion or Order Filing 276 ORDER of USCA as to #252 Notice of Appeal to 9th Circuit, filed by Robert Brenneise, Wyner and Tiffany, T.B., Allison Brenneise. The Joint Request for Referral to Circuit Mediation Program is granted. The Circuit Mediator will contact counsel directly to arrange a conference. The Circuit Mediator should report to the court every sixty (60) days as to the status of the mediation. (akr)
December 15, 2015 Opinion or Order Filing 275 ORDER of USCA as to #252 Notice of Appeal to 9th Circuit, filed by Robert Brenneise, Wyner and Tiffany, T.B., Allison Brenneise. The Motion to Extend Time for Filing Appellee San Diego Unified School District's Response to Appellants' Motion for Attorneys' Fees is granted. The response is due on or before January 29, 2016. (akr)
December 8, 2015 Filing 274 MINUTE ORDER OF TRANSFER. Magistrate Judge William McCurine, Jr is no longer assigned. Case reassigned to Magistrate Judge Jan M. Adler for all further proceedings. The new case number is 08-cv-00028-MMA-JMA.(no document attached) (vam)
December 2, 2015 Opinion or Order Filing 273 NOTICE AND ORDER Setting Appeal Mandate Hearing. The above-entitled action is hereby set for an Appeal Mandate Hearing on petition requisite to filing a certified copy of the judgment from the United States Court of Appeals for the Ninth Circuit affirming in part, reversing in part, vacating in part, and remanding the decision of this Court, on 1/11/2016 at 2:30 p.m. The parties must attend the hearing and be prepared to discuss the status of the litigation and their suggestions on how to proceed. Signed by Judge Michael M. Anello on 12/2/2015.(vam)
November 19, 2015 Opinion or Order Filing 272 ORDER of USCA as to #252 Notice of Appeal to 9th Circuit, filed by Robert Brenneise, Wyner and Tiffany, T.B., Allison Brenneise. The Motion for Leave to Submit Brief as Amicus Curiae California Association for Parent-Child Advocacy in Support of Appellant's Petition for Panel Rehearing is granted. (akr)
July 27, 2015 Opinion or Order Filing 271 ORDER of USCA as to #252 Notice of Appeal to 9th Circuit, filed by Robert Brenneise, Wyner and Tiffany, T.B., Allison Brenneise. The motions for leave to file amicus briefs, filed by California Association for Parent-Child Advocacy, and San Francisco Unified School District, are granted. (akr)
July 27, 2015 Opinion or Order Filing 270 ORDER of USCA as to #252 Notice of Appeal to 9th Circuit, filed by Robert Brenneise, Wyner and Tiffany, T.B., Allison Brenneise. Amicus Curiae California School Boards Association's Education Legal Alliance filed a request for judicial notice on March 5, 2013. The request for judicial notice is denied. (akr)
June 7, 2013 Opinion or Order Filing 269 ORDER of USCA as to #252 Notice of Appeal to 9th Circuit, filed by Robert Brenneise, Wyner and Tiffany, T.B., Allison Brenneise. Appellants' motion for leave to file an oversized reply brief consisting of 9,419 words is granted. The Clerk shall file the reply brief. (akr)
April 8, 2013 Filing 268 Amended ORDER of USCA as to #252 Notice of Appeal to 9th Circuit, filed by Robert Brenneise, Wyner and Tiffany, T.B., Allison Brenneise. The appellee's motion to file an oversized answering brief is granted. The Clerk shall file the answering brief submitted on February 26, 2013.The appellee's motion to file the supplemental excerpts of record volumes 3-7 under seal is granted. Filing instructions issued. San Francisco Unified School District's motion to file an amicus curiae brief, and any responses thereto, shall be referred to the merits panel for resolution. Filing instructions issued. The appellants' motion for an extension of time to file the reply brief is granted. Briefing due date issued. (akr)
April 2, 2013 Opinion or Order Filing 267 ORDER of USCA as to #252 Notice of Appeal to 9th Circuit, filed by Robert Brenneise, Wyner and Tiffany, T.B., Allison Brenneise. The appellee's motion to file an oversized answering brief is granted. The Clerk shall file the answering brief submitted on February 26, 2013. The appellee's motion to file the supplemental excerpts of record under seal is granted. The supplemental excerpts of record submitted on February 26, 2013 shall be filed and maintained under seal. San Francisco Unified School District's motion to file an amicus curiae brief, and any responses thereto, shall be referred to the merits panel for resolution. Filing instructions issued. The appellants' motion for an extension of time to file the reply brief is granted. Briefing due date issued. (akr)
February 4, 2013 Filing 266 NOTICE of Documents Unsealed Per Order - Exhibits H, J, K and L (Settlement Offers Made During the Period Between 3/13/2007 and 5/4/2007) to the Declaration of Elizabeth Estes re [180-3] (Attachments: #1 Exhibit J, #2 Exhibit K, #3 Exhibit L)(leh)
February 4, 2013 Opinion or Order Filing 265 ORDER Granting #264 Joint Motion to Unseal Court's Memorandum Decision on Attorneys' Fees as well as Four Written Settlement Offers. Signed by Judge Michael M. Anello on 2/4/2013. (leh)(jrd)
January 31, 2013 Filing 264 Joint MOTION to Unseal Document of the Parties to Unseal Court's Memorandum Decision on Attorneys' Fees and Settlement Offers Referenced Therein by San Diego Unified School District. (Attachments: #1 Certificate of Service, #2 [Proposed] Order)(Levine, Amy) Modified on 2/1/2013 atty contacted re: proposed orders should nto be filed; ECF Discrep sent to Chambers (leh).
December 14, 2012 Opinion or Order Filing 263 ORDER of USCA as to #252 Notice of Appeal to 9th Circuit, filed by Robert Brenneise, Wyner and Tiffany, T.B., Allison Brenneise. Appellants' motion to file under seal Volumes 1A, 4, and 5 of the excerpts of record is granted. The Clerk shall file the 6-volume excerpts of record received on November 16, 2012, with Volumes 1A, 4, and 5 to be filed under seal. In addition, the Clerk shall seal the exhibits to appellants' motion to file under seal, which themselves contain some of the information that appellants seek to protect from public disclosure. The USDC's March 21, 2012 order placed the memorandum decision on attorneys' fees under seal "unless and until the parties stipulate or the Court orders otherwise." Accordingly, appellants' motion to unseal the USDC's memorandum decision on attorneys' fees (filed under seal in this court as Volume 1A of the excerpts of record) is denied without prejudice to renewal after seeking leave from the USDC to unseal the memorandum decision. The briefing schedule previously established remains in effect. (akr)
October 30, 2012 Opinion or Order Filing 262 ORDER of USCA as to #252 Notice of Appeal to 9th Circuit, filed by Robert Brenneise, Wyner and Tiffany, T.B., Allison Brenneise. The appellants' unopposed motion for a third extension of time to file the opening brief is granted. Briefing schedule issued. (akr)
September 24, 2012 Opinion or Order Filing 261 ORDER of USCA as to #252 Notice of Appeal to 9th Circuit, filed by Robert Brenneise, Wyner and Tiffany, T.B., Allison Brenneise. Appellants' motion for a second extension of time to file the opening brief is granted. Briefing schedule issued. (akr)
July 23, 2012 Opinion or Order Filing 260 ORDER Granting #251 Motion to Dismiss the School District's Second Cause of Action With Prejudice. The Court clarifies that the Judgment, filed on 5/8/2012, resolves these consolidated actions in their entirety, including the dismissal with prejudice of the abandoned causes of action. The Clerk of Court is instructed to terminate both actions. Signed by Judge Michael M. Anello on 7/23/2012. (cc: Copy Mailed to Ninth Circuit Court of Appeals) (All non-registered users served via U.S. Mail Service)(leh)
July 16, 2012 Opinion or Order Filing 259 ORDER Denying #241 Motion for Reconsideration on Amount of Attorney's Fees. Signed by Judge Michael M. Anello on 7/13/2012. (All non-registered users served via U.S. Mail Service)(leh)
June 29, 2012 Filing 258 OBJECTION by San Diego Unified School District re #257 Reply to Response to Motion, OBJECTION TO PLAINTIFFS' REPLY. (Attachments: #1 Proof of Service Certificate of Service)(Levine, Amy) (rlu).
June 26, 2012 Filing 257 REPLY to Response to Motion re #251 MOTION to Dismiss for Lack of Prosecution of SDUSD's Second Cause of Action filed by Wyner and Tiffany. (Attachments: #1 Declaration of Steven Wyner iso Reply, #2 Exh A to Wyner Declaration, #3 Exh B to Wyner Declaration, #4 Exh C to Wyner Declaration)(Wyner, Steven) Modified on 6/28/2012 - Removed duplicative attachment descriptions from text. (mdc)
June 21, 2012 Filing 256 CERTIFICATE OF SERVICE by San Diego Unified School District re #255 Response in Opposition to Motion, (Levine, Amy) (leh).
June 20, 2012 Filing 255 RESPONSE in Opposition re #251 MOTION to Dismiss for Lack of Prosecution of SDUSD's Second Cause of Action filed by San Diego Unified School District. (Attachments: #1 Declaration of Amy R. Levine)(Levine, Amy) Modified on 6/21/2012 atty contacted re: missing pos, atty to file pos (leh).
June 12, 2012 Opinion or Order Minute Order Granting Request for Expedited Briefing: T.B., by and through his Guardian ad Litem, Allison Brenneise, and Robert Brenneise have filed a #251 Motion for Involuntary Dismissal of SDUSD's Second Cause of Action. The Brenneises request the Court set an expedited briefing schedule on the motion. Good cause appearing, the Court GRANTS the request and hereby ORDERS SDUSD to file a response to the motion, if any, by June 20, 2012. Thereafter, the Court shall determine the motion on the papers and without oral argument pursuant to Civil Local Rule 7.1.d.1. The Court VACATES the previously scheduled July 9, 2012 hearing. So Ordered by Judge Michael M. Anello on 6/12/2012. (amk)
June 7, 2012 Filing 254 USCA Time Schedule Order as to #252 Notice of Appeal, filed by Robert Brenneise, Wyner and Tiffany, T.B., Allison Brenneise. (NOTICE TO PARTIES of deadlines regarding appellate transcripts: Appellant shall file transcript designation and ordering form with the US District Court (see attached), provide a copy of the form to the court reporter, and make payment arrangements with the court reporter on or by 7/9/2012 (see Ninth Circuit Rule 10-3.1); Due date for filing of transcripts in US District Court is 8/6/2012.) (cc: Court Reporter). (Attachments: #1 Transcript Designation and Ordering Form). (akr)
June 7, 2012 Filing 253 USCA Case Number 12-56060 for #252 Notice of Appeal, filed by Robert Brenneise, Wyner and Tiffany, T.B., Allison Brenneise. (akr)
June 7, 2012 Filing 252 NOTICE OF APPEAL as to #243 Clerk's Judgment, by Allison Brenneise, Robert Brenneise, T.B., Wyner and Tiffany. (Filing fee $ 455 receipt number 0974-4816486.) (Notice of Appeal electronically transmitted to US Court of Appeals.) (Wyner, Steven). (akr).
June 6, 2012 Filing 251 MOTION to Dismiss for Lack of Prosecution of SDUSD's Second Cause of Action by Allison Brenneise, Robert Brenneise, Wyner and Tiffany. (Attachments: #1 Memo of Points and Authorities in support of motion for involuntary dismissal)(Tiffany, Marcy) (leh).
May 22, 2012 Opinion or Order Filing 250 Minute Order Taking Motion Under Submission: Plaintiffs' #241 Motion for Reconsideration re #237 Order on Motion for Attorney Fees, Motion for Clarification of Memorandum Decision on Attorneys' Fees, and Motion to Admit Additional Evidence, is currently set for hearing on June 11, 2012. The Court in its discretion takes the motion under submission on the papers and without oral argument pursuant to Civil Local Rule 7.1.d.1. Accordingly, no appearances are required and the hearing shall be taken off calendar. So Ordered by Judge Michael M. Anello on 5/22/2012. (amk)
May 21, 2012 Filing 249 REPLY to Response to Motion re #241 MOTION for Reconsideration re #237 Order on Motion for Attorney Fees MOTION for Clarification of Memorandum Decision on Attorneys' Fees MOTION to Admit Additional Evidence filed by Allison Brenneise, Robert Brenneise, T.B.. (Attachments: #1 Declaration Steven Wyner, #2 Exhibit Exhibit 13 to Decl. of Steven Wyner)(Tiffany, Marcy)(leh).
May 15, 2012 Opinion or Order Filing 247 ORDER granting #245 Motion to File Documents Under Seal. Signed by Judge Michael M. Anello on 5/15/2012. (All non-registered users served via U.S. Mail Service)(leh)(jrd)
May 14, 2012 Filing 246 [FILED AS SEALED DOCUMENT ON 5/15/2012] - SEALED LODGED Proposed Document re: #245 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Levine, Amy) (leh). Modified on 5/15/2012 to add file date to lodgment(leh).
May 14, 2012 Filing 245 MOTION to File Documents Under Seal (With attachments)(Levine, Amy) (leh).
May 14, 2012 Filing 244 RESPONSE in Opposition re #241 MOTION for Reconsideration re #237 Order on Motion for Attorney Fees MOTION for Clarification of Memorandum Decision on Attorneys' Fees MOTION to Admit Additional Evidence filed by San Diego Unified School District. (Attachments: #1 Memo of Points and Authorities In Opposition To Plaintiffs' Motion for Reconsideration, #2 Declaration of Amy R. Levine In Opposition to Plaintiffs' Motion for Reconsideration, #3 Proof of Service)(Levine, Amy)(leh).
May 8, 2012 Filing 243 CLERK'S JUDGMENT: It is ordered and adjudged that the Court Grants the San Diego Unified School District's Motion for Summary Judgment on the fourth,fifth, and seventh causes of action, and Denies the Brenneises' Motion for Partial Summary Judgment on their fourth claim of relief in the Second Amended Complaint.(leh)
May 8, 2012 Opinion or Order Filing 242 ORDER: Denying #208 Motion for Partial Summary Judgment; and Granting #209 Motion for Summary Judgment on Fourth, Fifth, and Seventh Claims. Based on the foregoing reasons, the Court Grants the San Diego Unified School District's Motion for Summary Judgment on the fourth, fifth, and seventh causes of action and Denies the Brenneises' motion for partial summary judgment on their fourthclaim for relief in the Second Amended Complaint. This Order resolves all remaining claims. The Clerk of Court is instructed to enter judgment in accordance herewith. Each party shall bear its own costs. Signed by Judge Michael M. Anello on 5/8/2012. (All non-registered users served via U.S. Mail Service)(leh)
April 19, 2012 Opinion or Order Minute Entry for proceedings held before Judge Michael M. Anello: Set/Reset Deadlines as to #241 MOTION for Reconsideration re #237 Order on Motion for Attorney Fees MOTION for Clarification of Memorandum Decision on Attorneys' Fees MOTION to Admit Additional Evidence. Any Responses in Opposition to Motion shall be due by May 14, 2012. Any Replies shall be due by May 21, 2012. The Motion Hearing on June 4, 2012, is VACATED and reset for June 11, 2012 at 02:30 PM in Courtroom 05 before Judge Michael M. Anello. SO ORDERED by Judge Michael M. Anello.(ajf)
April 18, 2012 Filing 241 MOTION for Reconsideration re #237 Order on Motion for Attorney Fees, MOTION to Admit Additional Evidence, MOTION for Clarification of Memorandum Decision on Attorneys' Fees by Allison Brenneise, Robert Brenneise, T.B.. (Attachments: #1 Memo of Points and Authorities In Support of Motion for Reconsideration, etc., #2 Declaration Allison Brenneise, #3 Declaration Marcy Tiffany, #4 Proof of Service)(Tiffany, Marcy). Modified on 4/19/2012 atty contacted re: multi part motions only filed as one; added motions and edited text (leh).
April 12, 2012 Opinion or Order Filing 240 ORDER Granting #239 Second Joint Motion to Continue Trial and Related Pretrial Deadlines. The Court vacates all trial and pretrial dates in the 2/14/2012 scheduling order. The parties shall contact the undersigned's Chambers within 7 days of the Court's ruling on the pending summary judgment motion for further scheduling purposes. Signed by Judge Michael M. Anello on 4/12/2012. (All non-registered users served via U.S. Mail Service)(leh)(jrd)
April 11, 2012 Filing 239 Second Joint MOTION to Continue Trial Date by Allison Brenneise, Robert Brenneise, San Diego Unified School District, T.B.. (Tiffany, Marcy) (leh).
March 21, 2012 Filing 238 Memorandum Decision on Attorneys' Fees. Signed by Judge Michael M. Anello on 3/21/2012. (leh) Modified on 2/5/2013 document unsealed per order; modified security(leh).
March 21, 2012 Opinion or Order Filing 237 ORDER: Granting in Part and Denying in Part #159 Motion for Attorneys' Fees on IDEA Claims; and Placing Memorandum Decision Under Seal. For the reasons set forth in the separate memorandum decision, the Court Grants in Part and Denies in Part the motion. The Court awards the Brenneises $50,260.50 in attorney's fees and $5,173.41 in out-of-pocket expenses. Because the memorandum decision contains confidential settlement discussions, it shall be filed under seal, unless and until the parties stipulate or the Court orders otherwise. Signed by Judge Michael M. Anello on 3/21/2012. (All non-registered users served via U.S. Mail Service)(leh)
February 14, 2012 Opinion or Order Filing 236 ORDER Granting in Part and Denying in Part #235 Joint Motion to Continue Trial and Pretrial Deadlines. The Court orders that the Trial be reset for 6/26/2012 at 9:00 AM in Courtroom 05 before Judge Michael M. Anello. The Final Pretrial Conference is now set for 6/11/2012 at 2:30 PM in Courtroom 05 before Judge Michael M. Anello. Memorandum of Contentions of Fact and Law are now due by 5/14/2012. Proposed Pretrial Order is now due by 5/29/2012. Signed by Judge Michael M. Anello on 2/14/2012. (All non-registered users served via U.S. Mail Service)(leh)(jrd)
February 13, 2012 Filing 235 Joint MOTION to Continue Trial Date by Allison Brenneise, Robert Brenneise, San Diego Unified School District, T.B.. (Tiffany, Marcy)(leh).
January 24, 2012 Filing 233 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Telephonic Discovery Conference) held on 1/13/2012, before Magistrate Judge William McCurine, Jr. Court Reporter/Transcriber: Echo Reporting. 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 or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 2/14/2012. Redacted Transcript Deadline set for 2/24/2012. Release of Transcript Restriction set for 4/23/2012. (akr)
January 13, 2012 Filing 234 Minute Entry for proceedings held before Magistrate Judge William McCurine, Jr: Telephonic Discovery Conference held on 1/13/2012. Order to issue.(CD# 1/13/2012 WMC12-16:20-16:55). (Plaintiff Attorney Steven Wyner). (Defendant Attorney Sarah Sutherland). (rab)
January 13, 2012 Opinion or Order Filing 232 Minute Order Taking Matters Under Submission: Currently set for hearing before the Court on Tuesday, January 17, 2012 are #208 , #209 the parties' cross-motions for summary judgment. The Court in its discretion takes these motions under submission on the papers and without oral argument pursuant to Civil Local Rule 7.1.d.1. Accordingly, the January 17 hearing is VACATED; no appearances are required. SO ORDERED by Judge Michael M. Anello on 1/13/2012.(dmr)
January 11, 2012 Opinion or Order Filing 230 ORDER granting #227 Motion to File Documents Under Seal. Signed by Judge Michael M. Anello on 1/11/2012. (leh)(jrd)
January 11, 2012 Filing 229 NOTICE of Withdrawal by San Diego Unified School District re #225 Response in Opposition to Motion (Attachments: #1 Proof of Service)(Sutherland, Sarah) (leh).
January 10, 2012 Filing 228 [FILED AS SEALED DOCUMENT ON 1/11/2012] - SEALED LODGED Proposed Document re: #227 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Sutherland, Sarah)(leh). Modified on 1/11/2012 to add file date to lodgment(leh).
January 10, 2012 Filing 227 MOTION to File Documents Under Seal (With attachments)(Levine, Amy) (leh).
January 10, 2012 Filing 226 REPLY to Response to Motion re #209 MOTION for Summary Judgment filed by San Diego Unified School District. (Attachments: #1 Reply Separate Statement of Undisputed Facts, #2 Declaration of Amry R. Levine In Support of Reply Memorandum, #3 Declaration of MarySue Glynee in Support of Reply Memorandum, #4 Declaration of Linda Vergara in Support of Reply Memorandum, #5 Declaration of Jennifer Gorman in Support of Reply Memorandum, #6 Declaration of Lydia Oakes in Support of Reply Memorandum, #7 Appendix of Foreign Authorities in Support of Reply Memorandum, #8 Proof of Service )(Levine, Amy) Modified on 1/11/2012 atty contacted re: duplicate entry of previous filed doc, atty to withdraw previous doc(leh).
January 10, 2012 Filing 225 DOCUMENT WITHDRAWN PER ATTY ON 1/11/2012 - RESPONSE in Opposition re #209 MOTION for Summary Judgment filed by San Diego Unified School District. (Levine, Amy) Modified on 1/11/2012 atty contacted re: duplicate entry, doc not complete, atty to file withdrawal of this doc(leh). Modified on 1/12/2012 to indicate doc withdrawn (leh).
January 10, 2012 Filing 224 NOTICE of Errata as to #217 Response in Opposition to Motion by Allison Brenneise, Robert Brenneise, T.B. (Tiffany, Marcy)(leh).
January 10, 2012 Filing 223 REPLY to Response to Motion re #208 MOTION for Partial Summary Judgment Fourth Claim for Relief filed by Allison Brenneise, Robert Brenneise, T.B.. (Attachments: #1 Statement of Facts Reply to SDUSD Responses to Plaintiffs' Statement of Undiputed Facts)(Tiffany, Marcy) (leh).
January 10, 2012 Opinion or Order Filing 222 ORDER Continuing Telephonic Discovery Conference. (Telephonic Discovery Conference continued to 1/13/2012 04:15 PM before Magistrate Judge William McCurine Jr.) Signed by Magistrate Judge William McCurine, Jr on 1/10/12.(lao)(jrd)
January 5, 2012 Opinion or Order Filing 221 ORDER granting #220 Ex Parte Motion to Seal Previously Filed Declarations of Steven Wyner and Allison Brenneise. Signed by Judge Michael M. Anello on 1/5/2012. (leh)(jrd)
January 4, 2012 Filing 220 MOTION to Seal a Previously Filed Document Declaration of Steven Wyner and Declaration of Allison Brenneise re #217 Response in Opposition to Motion by Allison Brenneise, Robert Brenneise, T.B.. (Tiffany, Marcy)(leh).
January 4, 2012 Filing 219 SECOND NOTICE of Filing of Foreign Authorities by Allison Brenneise, Robert Brenneise, T.B. re #217 Response in Opposition to Motion. (Tiffany, Marcy)(leh).
January 4, 2012 Filing 218 NOTICE of Errate Re: Declaration of Marysue Glynn as to #216 Response to Motion by San Diego Unified School District. (Attachments: #1 Proof of Service)(Sutherland, Sarah) Modified on 1/5/2012 to edit text(leh).
January 3, 2012 Filing 217 RESPONSE in Opposition re #209 MOTION for Summary Judgment filed by Allison Brenneise, Robert Brenneise, T.B. (Attachments: #1 Opposition to Defendant San Diego Unified School District's Separate Statement of Undisputed Facts, #2 Declaration Allison Brenneise - Ordered Sealed Per Court, #3 Declaration Steven Wyner - Part 1 - Ordered Sealed Per Court, #4 Declaration Steven Wyner - Part 2 - Ordered Sealed Per Court, #5 Declaration Steven Wyner - Part 3 - Ordered Sealed Per Court, #6 Declaration Steven Wyner - Part 4 - Ordered Sealed Per Court, #7 Proof of Service)(Tiffany, Marcy) Modified on 1/4/2012 - Edited text. (mdc) Modified on 1/5/2012 to seal attachments 2-6, and remove image(leh).
January 3, 2012 Filing 216 RESPONSE to Motion re #208 MOTION for Partial Summary Judgment Fourth Claim for Relief filed by San Diego Unified School District. (Attachments: #1 Statement of Facts In Opposition to Plaintiffs' Motion for Partial Summary Judgment and Response to Plaintiffs' Separate Statement of Facts, #2 Declaration of Amy R. Levine, #3 Declaration of Marysue Glynn, #4 Appendix of Foreign Authorities, #5 Exhibit A-L to Appendix of Foreign Authorities, #6 Exhibit M-N to Appendix of Foreign Authorities, #7 Exhibit O-Q toi Appendix of Foreign Authorities, #8 Proof of Service Certificate of Service)(Levine, Amy) (lao).
December 1, 2011 Filing 215 SUR-REPLY - re #159 MOTION for Attorney Fees, #197 Response in Opposition to Motion, #183 Notice Regarding Exhibit Attachment, #196 MOTION for Leave to File Objections, 191 Terminate Hearings, Motions Submitted,, #180 Response in Opposition to Motion, #166 Notice (Other), #192 Order on Motion to File Documents Under Seal, #190 Reply to Response to Motion, #184 Objection, #188 Sealed Lodged Proposed Document, #203 Order on Motion for Leave to File,, #187 MOTION to File Documents Under Seal, #161 MOTION for Attorney Fees Part 3 - Additional Exhibit, #182 Notice Regarding Exhibit Attachment,, #160 MOTION for Attorney Fees Part 2-Additional Exhibits, #181 Notice Regarding Exhibit Attachment,, filed by San Diego Unified School District. (Attachments: #1 Declaration Elizabeth A. Estes, #2 Declaration Sarah Sutherland, #3 Exhibit A and B to Declaration of Sarah Sutherland, #4 Proof of Service)(Sutherland, Sarah) Modified on 12/2/2011 doc untimely, ECF Discrepancy sent to chambers (leh).
November 29, 2011 Opinion or Order Filing 213 ORDER granting #210 Motion to File Documents Under Seal. Signed by Judge Michael M. Anello on 11/29/2011. (leh)(jrd)
November 29, 2011 Opinion or Order Filing 212 ORDER granting #207 Joint Motion to Dismiss Plaintiff's Sixth Claim for Relief. The Court dismisses Plaintiffs' Sixth cause of action without prejudice. Signed by Judge Michael M. Anello on 11/29/2011. (leh)(jrd)
November 28, 2011 Filing 211 [FILED AS SEALED DOCUMENT ON 11/29/2011] - SEALED LODGED Proposed Document re: #210 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Levine, Amy)(leh). Modified on 11/29/2011 to add file date to lodgment(leh).
November 28, 2011 Filing 210 MOTION to File Documents Under Seal (Levine, Amy) (leh).
November 28, 2011 Filing 209 MOTION for Summary Judgment by San Diego Unified School District. (Attachments: #1 Memo of Points and Authorities, #2 Statement of Facts, #3 Declaration of Carol Bartz, #4 Declaration of Sheila Doctors, #5 Declaration of Sara Bonnet, #6 Declaration of Phyllis Gahan, #7 Declaration of Marysue Glynn, #8 Declaration of Jennifer Gorman, #9 Declaration of Matthew Howarth, #10 Declaration of Amy R. Levine, #11 Declaration of Howard Taras, #12 Declaration of Linda Vergara, #13 Appendix of Foreign Authorities, #14 Exhibit A-G to Foreign Authorities, #15 Exhibit H-P to Foreign Authorities, #16 Exhibit Q-Y to Foreign Authorities, #17 Certificate of Service)(Levine, Amy) (leh).
November 28, 2011 Filing 208 MOTION for Partial Summary Judgment Fourth Claim for Relief by Allison Brenneise, Robert Brenneise, T.B.. (Attachments: #1 Memo of Points and Authorities, #2 Statement of Facts, #3 Notice Filing of Foreign Authorities)(Tiffany, Marcy)(leh).
November 28, 2011 Filing 207 Joint MOTION to Dismiss Plaintiff's Sixth Cause of Action by San Diego Unified School District. (Attachments: #1 Proof of Service)(Sutherland, Sarah)(leh).
November 23, 2011 Opinion or Order Filing 206 ORDER Following Telephonic Status Conference: The Court orders a Telephonic Discovery Conference be set for 1/9/2012 at 4:15 PM. Counsel for Plaintiff is instructed to initiate the joint call to Chambers. Signed by Magistrate Judge William McCurine, Jr on 11/23/2011.(All non-registered users served via U.S. Mail Service)(leh)(jrd)
November 23, 2011 Filing 205 Minute Entry for proceedings held before Magistrate Judge William McCurine, Jr: Telephonic Status Conference held on 11/23/2011. Order to issue.(CD# 11/23/2011 n/a). (Plaintiff Attorney Steven Wyner). (Defendant Attorney Sarah L. Sutherland). (rab)
November 21, 2011 Opinion or Order Filing 204 ORDER Setting Telephonic Status Conference: The Court will hold a telephonic status conference on 11/23/2011 at 1:45 PM. Counsel for Defendant is instructed to initiate a joint call to the Court. Signed by Magistrate Judge William McCurine, Jr on 11/21/2011.(All non-registered users served via U.S. Mail Service)(leh)(jrd)
November 15, 2011 Opinion or Order Filing 203 ORDER granting #196 Motion - Request to File a Sur-Reply; and Continuing Pretrial and Trial Dates. Bench Trial is now set for 4/24/2012 at 9:00 AM in Courtroom 05 before Judge Michael M. Anello. Final Pretrial Conference is now set for 4/2/2012 at 2:30 PM in Courtroom 05 before Judge Michael M. Anello. Memorandum of Contentions of Fact and Law is now due by 3/12/2012. Proposed Pretrial Order is now due by 3/26/2012. Signed by Judge Michael M. Anello on 11/15/2011. (All non-registered users served via U.S. Mail Service)(leh)(jrd)
October 18, 2011 Opinion or Order Filing 201 ORDER Granting in Part and Denying in Part #198 Motion for Leave to Refile Motion and for Leave to File Excess Pages. The Court denies Defendant's application to the extent Defendant desires to file a motion for judgment on the pleadings in addition to its anticipated motion for summary judgment on the section 504 and ADA claims. The Court grants Defendant's application to the extent it intends to include the arguments raised in its prior motion for judgment on the pleadings within its summary judgment motion. Lastly, the Court grants Defendant's request to increase the page limitation on its upcoming summary judgment motion, and increases the page limitation on Defendant's opening brief to 50 pages, and increases the limitation on Defendant's reply brief to 25 pages. It is further ordered that the page limitation for Plaintiffs' opposition brief to Defendant's motion for summary judgment is increased from 25 pages to 50 pages. Signed by Judge Michael M. Anello on 10/18/2011. (All non-registered users served via U.S. Mail Service)(leh)(jrd)
October 12, 2011 Filing 200 REPLY to Response to Motion re #198 MOTION for Leave to File MOTION for Leave to File Excess Pages filed by San Diego Unified School District. (Attachments: #1 Proof of Service)(Levine, Amy)(leh).
October 11, 2011 Filing 199 RESPONSE in Opposition re #198 MOTION for Leave to File MOTION for Leave to File Excess Pages filed by Allison Brenneise, Robert Brenneise, T.B.. (Tiffany, Marcy) (mtb).
October 7, 2011 Filing 198 Ex Parte MOTION Defendant San Diego Unified School District's Ex Parte Application to Refile Motion for Partial Judgment on the Pleadings and Extend Page Limit for Motion for Summary Judgment by San Diego Unified School District. (Attachments: #1 Declaration of Amy R. Levine, #2 Declaration of Sarah Sutherland, #3 Proof of Service)(Levine, Amy) (mtb). Added MOTION for Leave to File Excess Pages on 10/11/2011 (mtb).
October 3, 2011 Filing 197 RESPONSE in Opposition re #196 MOTION for Leave to File Objections filed by Allison Brenneise, Robert Brenneise, T.B.. (Tiffany, Marcy) (leh).
September 30, 2011 Filing 196 MOTION - Request to File Objections To Additional Evidence And Billing Entries Submitted By Plaintiffs On Reply In Support Of Their Motion For Attorneys Fees And Costs, And Responsive Declarations by San Diego Unified School District . (Attachments: #1 Proof of Service)(Levine, Amy)(leh).
September 28, 2011 Filing 195 NOTICE by Allison Brenneise, Robert Brenneise, T.B. of Withdrawal of Attorney Dana Wilkins (Tiffany, Marcy) (lao).
September 28, 2011 Filing 194 NOTICE of filing Supplemental Declaration with corrected Exhibits 19 and 35 by Allison Brenneise, Robert Brenneise, T.B. re #190 Reply to Response to Motion, (Attachments: #1 Declaration Marcy Tiffany Re; Corrected Exhibits 19 and 35, #2 Exhibit 19-Corrected, #3 Exhibit 35-Corrected)(Tiffany, Marcy) Modified text on 9/29/2011 to reflect document title (lao).
September 27, 2011 Opinion or Order Filing 192 ORDER granting #187 Motion to File Documents Under Seal. Signed by Judge Michael M. Anello on 9/27/2011. (leh)(jrd)
September 27, 2011 Opinion or Order Filing 191 Minute Order Taking Matter Under Submission: Currently set for hearing before the Court on October 3, 2011 is Plaintiffs' #159 MOTION for Attorney Fees. The Court in its discretion takes this motion under submission on the papers and without oral argument pursuant to Civil Local Rule 7.1.d.1. Accordingly, the October 3 hearing is VACATED; no appearances are required. So ordered by Judge Michael M. Anello on 9/27/2011.(dmr)
September 26, 2011 Filing 190 REPLY to Response to Motion re #159 MOTION for Attorney Fees filed by Allison Brenneise, Robert Brenneise, T.B.. (Attachments: #1 Declaration Steven Wyner, #2 Declaration Marcy Tiffany, #3 Declaration Allison Brenneise, #4 Declaration Eric B. Freedus, #5 Objections to Evidence, #6 Objections to Declaration of MarySue Glynn)(Tiffany, Marcy)(leh).
September 16, 2011 Filing 189 Minute Entry for proceedings held before Magistrate Judge William McCurine, Jr: Discovery Hearing held on 9/16/2011. Briefing Schedule issued.(CD# 9/16/2011 n/a). (Plaintiff Attorney Steven Wyner). (Defendant Attorney Marcy Tiffany). (rab)
September 16, 2011 Filing 188 FILED AS SEALED DOCUMENT ON 9/27/2011] - SEALED LODGED Proposed Document re: #187 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Sutherland, Sarah) Modified on 9/27/2011 to add file date of lodgment (leh).
September 16, 2011 Filing 187 MOTION to File Documents Under Seal (Sutherland, Sarah)(leh).
September 16, 2011 Opinion or Order Filing 186 ORDER Setting Briefing Schedule: The Court orders that the parties may submit simultaneous letter briefs by 10/5/2011. The parties may submit rebuttal briefs by 10/11/2011. Signed by Magistrate Judge William McCurine, Jr on 9/16/2011.(All non-registered users served via U.S. Mail Service)(leh)(jrd)
September 14, 2011 Opinion or Order Filing 185 ORDER Continuing Telephonic Status Conference: Due to a conflict in the Court's calendar, the telephonic status conference is now set for 9/15/2011 at 4:45 PM. Counsel for Defendant is instructed to initiate a joint call to Chambers. Signed by Magistrate Judge William McCurine, Jr on 9/14/2011.(leh)(jrd)
September 13, 2011 Filing 184 OBJECTION by San Diego Unified School District re #159 MOTION for Attorney Fees to Evidence Submitted in Support of Plaintiff's Motion. (Levine, Amy) Modified on 9/14/2011 to remove caps (leh).
September 13, 2011 Filing 183 NOTICE Regarding Exhibit Attachment by San Diego Unified School District re #180 Response in Opposition to Motion, Exhibit 1 of 4 to Foreign Authorities (Attachments: #1 Exhibit 2 of 4 to Foreign Authorities, #2 Exhibit 3 of 4 to Foreign Authorities, #3 Exhibit 4 of 4 to Foreign Authorities)(Levine, Amy)(leh).
September 13, 2011 Filing 182 NOTICE Regarding Exhibit Attachment by San Diego Unified School District re #180 Response in Opposition to Motion, Exhibit 1 of 8 to Decl. of Elizabeth Estes (Attachments: #1 Exhibit 2 of 8 to Decl. of Elizabeth Estes, #2 Exhibit 3 of 8 to Decl. of Elizabeth Estes, #3 Exhibit 4 of 8 to Decl. of Elizabeth Estes, #4 Exhibit 5 of 8 to Decl. of Elizabeth Estes, #5 Exhibit 6 of 8 to Decl. of Elizabeth Estes, #6 Exhibit 7 of 8 to Decl. of Elizabeth Estes, #7 Exhibit 8 of 8 to Decl. of Elizabeth Estes)(Levine, Amy)(leh).
September 13, 2011 Filing 181 NOTICE Regarding Exhibit Attachment by San Diego Unified School District re #180 Response in Opposition to Motion, Exhibit 1 of 8 to Decl. of Amy Levine (Attachments: #1 Exhibit 2 of 8 to Decl. of Amy Levine, #2 Exhibit 3 of 8 to Decl. of Amy Levine, #3 Exhibit 4 of 8 to Decl. of Amy Levine, #4 Exhibit 5 of 8 to Decl. of Amy Levine, #5 Exhibit 6 of 8 to Decl. of Amy Levine, #6 Exhibit 7 of 8 to Decl. of Amy Levine, #7 Exhibit 8 of 8 to Decl. of Amy Levine)(Levine, Amy)(leh).
September 13, 2011 Filing 180 RESPONSE in Opposition re #159 MOTION for Attorney Fees and Costs filed by San Diego Unified School District. (Attachments: #1 CORRECTED Declaration of Amy Levine, #2 CORRECTED Declaration of Sarah Sutherland, #3 Declaration of Elizabeth Estes, #4 Declaration of Patrick Frost, #5 Declaration of Mary Sue Glynn, #6 Proof of Service, #7 Request for Judicial Notice, #8 Appendix of Foreign Authorities)(Levine, Amy)(leh).
September 13, 2011 Opinion or Order Filing 179 Notice of Document Discrepancies and Order Thereon by Judge Michael M. Anello Rejecting Document: #169 - #178 Response in Opposition and Accompanying Documents from Defendant San Diego Unified School District. Non-compliance with local rule(s), OTHER: Documents should have been attachments to main document. Accompanying documents should be attached(e.g., memorandum of points and authorities, declarations, exhibits) to the event during the filing process. Please see Section II.G of the Administrative Procedures. IT IS HEREBY ORDERED: The document is rejected. It is ordered that the Clerk STRIKE the document from the record, and serve a copy of this order on all parties. Signed by Judge Michael M. Anello on 9/13/2011.(leh)(jrd)
September 12, 2011 Filing 178 DOCUMENT STRICKEN PER ORDER ON 9/13/2011 - CERTIFICATE OF SERVICE by San Diego Unified School District re #169 Response in Opposition to Motion (Levine, Amy)(leh).Modified on 9/13/2011 to strike doc, remove image(leh).
September 12, 2011 Filing 177 DOCUMENT STRICKEN PER ORDER ON 9/13/2011 - SUPPLEMENTAL DOCUMENT - Appendix of Foreign Authorities by San Diego Unified School District re #169 Response in Opposition to Motion. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Levine, Amy)(leh). Modified on 9/13/2011 to strike doc, remove image (leh).
September 12, 2011 Filing 176 DOCUMENT STRICKEN PER ORDER ON 9/13/2011 - OBJECTIONS to Evidence Submitted In Support of Plaintiffs' Motion for Attorneys' Fees by San Diego Unified School District re #169 Response in Opposition to Motion. (Levine, Amy)(leh). Modified on 9/13/2011 to strike doc, remove image(leh).
September 12, 2011 Filing 175 DOCUMENT STRICKEN PER ORDER ON 9/13/2011 - REQUEST FOR JUDICIAL NOTICE by San Diego Unified School District re #169 Response in Opposition to Motion (Levine, Amy)(leh) Modified on 9/13/2011 to strike doc, remove image (leh).
September 12, 2011 Filing 174 DOCUMENT STRICKEN PER ORDER ON 9/13/2011 - DECLARATION of Patrick Frost in Opposition re #159 MOTION for Attorney Fees filed by San Diego Unified School District. (Levine, Amy) (leh) Modified on 9/13/2011 to strike doc, remove image(leh).
September 12, 2011 Filing 173 DOCUMENT STRICKEN PER ORDER ON 9/13/2011 - DECLARATION of Mary Sue Glynn in Opposition re #159 MOTION for Attorney Fees filed by San Diego Unified School District. (Levine, Amy)(leh) Modified on 9/13/2011 to strike doc, remove image(leh).
September 12, 2011 Filing 172 DOCUMENT STRICKEN PER ORDER ON 9/13/2011 - DECLARATION of Sarah L.W. Sutherland in Opposition re #159 MOTION for Attorney Fees filed by San Diego Unified School District. (Levine, Amy) (leh) Modified on 9/13/2011 to strike doc, remove image (leh).
September 12, 2011 Filing 171 DOCUMENT STRICKEN PER ORDER ON 9/13/2011 - DECLARATION of Elizabeth A. Estes in Opposition re #159 MOTION for Attorney Fees filed by San Diego Unified School District. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit)(Levine, Amy)(leh) Modified on 9/13/2011 to strike doc, remove image (leh).
September 12, 2011 Filing 170 DOCUMENT STRICKEN PER ORDER ON 9/13/2011 - DECLARATION of Amy R. Levine in Opposition re #159 MOTION for Attorney Fees filed by San Diego Unified School District. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit)(Levine, Amy)(leh) Modified on 9/13/2011 to strike doc, remove image (leh).
September 12, 2011 Filing 169 DOCUMENT STRICKEN PER ORDER ON 9/13/2011 - RESPONSE in Opposition re #159 MOTION for Attorney Fees filed by San Diego Unified School District. (Levine, Amy)(leh) Modified on 9/13/2011 to strike doc, remove image(leh).
September 12, 2011 Opinion or Order Filing 168 ORDER Setting Telephonic Status Conference: The Court will hold a telephonic status conference on 9/14/2011 at 4:45 PM. Counsel for Defendant is instructed to initiate a joint call to Chambers. Signed by Magistrate Judge William McCurine, Jr on 9/12/2011.(leh)(jrd)
August 17, 2011 Filing 167 NOTICE of Change of Address by Steven Wyner (Wyner, Steven)(leh).
August 5, 2011 Filing 166 NOTICE by Allison Brenneise, Robert Brenneise, T.B. re #159 MOTION for Attorney Fees of filing of Corrected Exhibit 5 (Attachments: #1 Exhibit Corrected Exhibit 5)(Tiffany, Marcy) (leh).
August 3, 2011 Opinion or Order Filing 165 ORDER granting #164 Amended Joint Motion to Continue Hearing on Plaintiff's Motion for Attorneys' Fees. The Court orders Defendants' Responses are due by 9/12/2011, and Plaintiffs' Reply is due by 9/26/2011. The Motion Hearing is now set for 10/3/2011. Signed by Judge Michael M. Anello on 8/3/2011. (All non-registered users served via U.S. Mail Service)(leh)(jrd)
August 2, 2011 Filing 164 Amended Joint MOTION to Continue Hearing on Plaintiff's Motion for Attorneys' Fees by Allison Brenneise, Robert Brenneise, T.B.. (Attachments: #1 Declaration Marcy Tiffany in Support of Motion to Continue)(Tiffany, Marcy)(leh).
August 2, 2011 Filing 163 NOTICE of Withdrawing Motion Due to Error in E-Signatures by Allison Brenneise, Robert Brenneise, T.B. re #162 Joint MOTION to Continue Hearing on Plaintiff's Motion for Attorneys' Fees (Tiffany, Marcy)(leh).
August 2, 2011 Filing 162 DOCUMENT WITHDRAWN PER ATTY ON 8/2/2011 - Joint MOTION to Continue Hearing on Plaintiff's Motion for Attorneys' Fees by Allison Brenneise, Robert Brenneise, T.B.. (Attachments: #1 Declaration Marcy Tiffany in Support of Motion to Continue)(Tiffany, Marcy) Modified on 8/2/2011 atty contacted re: documents not properly signed by either party, atty to refile with proper signatures (leh). Modified on 8/3/2011 to indicate doc withdrawn per atty(leh).
July 25, 2011 Filing 161 NOTICE of Exhibit Attachment - #159 MOTION for Attorney Fees Part 3 - Additional Exhibit by Allison Brenneise, Robert Brenneise, T.B.. (Attachments: #1 Exhibit 12)(Tiffany, Marcy) Modified on 7/26/2011 atty contacted re: wrong event selected, motion termed, edited text(leh).
July 25, 2011 Filing 160 NOTICE of Exhibit Attachment - #159 MOTION for Attorney Fees by Allison Brenneise, Robert Brenneise, T.B. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5-part 1, #6 Exhibit 5-part 2, #7 Exhibit 6, #8 Exhibit 7-part 1, #9 Exhibit 7-part 2, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20)(Tiffany, Marcy) Modified on 7/26/2011 atty contacted re: wrong event selected, motion termed, edited text (leh).
July 25, 2011 Filing 159 MOTION for Attorney Fees by Allison Brenneise, Robert Brenneise, T.B.. (Attachments: #1 Memo of Points and Authorities in support of motion for attorneys' fees, #2 Declaration Marcy Tiffany, #3 Declaration Allison Brenneise, #4 Declaration Steven Wyner, #5 Declaration Barrett S. Litt, #6 Declaration Carol Sobel, #7 Declaration Geiorge Crook, #8 Declaration Janeen Steel, #9 Declaration Maureen Graves, #10 Declaration Kathleen Loyer)(Tiffany, Marcy)(leh). (ecs). Modified on 3/8/2017 to un-term motion (ag).
July 21, 2011 Opinion or Order Filing 158 SCHEDULING ORDER: Memorandum of Contentions of Fact and Law is due by 1/17/2012. Proposed Pretrial Order is due by 1/30/2012. Final Pretrial Conference set for 2/6/2012 at 2:30 PM in Courtroom 05 before Judge Michael M. Anello. Trial set for 2/28/2012 at 9:00 AM in Courtroom 05 before Judge Michael M. Anello. Signed by Magistrate Judge William McCurine, Jr on 7/21/2011.(All non-registered users served via U.S. Mail Service)(leh)(jrd)
July 18, 2011 Opinion or Order Filing 157 ORDER Following Telephonic Status Conference: The Court orders all current dates shall remain in effect. Formal settlement discussions involving the Court have concluded. Signed by Magistrate Judge William McCurine, Jr on 7/14/2011.(All non-registered users served via U.S. Mail Service)(leh)(jrd)
July 14, 2011 Filing 156 Minute Entry for proceedings held before Magistrate Judge William McCurine, Jr: Telephonic Status Conference held on 7/14/2011.(CD# 7/14/2011 n/a). (Plaintiff Attorney Marcy Tiffany, Steven Wyner). (Defendant Attorney Amy R. Levine). (rab)
July 8, 2011 Opinion or Order Filing 155 ORDER Setting Status Conference: A telephonic Status Conference will be held on 7/14/2011 at 3:00 PM. Counsel for Defendant is ordered to contact opposing counsel and initiate a joint call to the Court. Signed by Magistrate Judge William McCurine, Jr on 7/8/2011.(All non-registered users served via U.S. Mail Service)(leh)(jrd)
June 22, 2011 Opinion or Order Filing 154 ORDER: The Court orders that the Plaintiffs shall file their motion for attorneys' fees associated with their third claim for relief, and the Court's prior ruling on the first cause of action, by 7/25/2011. Prior to filing, Plaintiffs shall contact Chambers to obtain a hearing date. Within 30 days of the Court's ruling on Plaintiffs' motion for attorneys' fees, the parties may file a single motion for summary judgment on the remaining claims, including section 504 and ADA claims. Prior to filing, the parties shall contact Chambers to obtain a hearing date. Any of the claims not resolved on summary judgment shall proceed to trial. Signed by Judge Michael M. Anello on 6/22/2011.(All non-registered users served via U.S. Mail Service)(leh) (jrl).
June 13, 2011 Filing 153 NOTICE of Non-Filing of Motion for Summary Judgment by Allison Brenneise, Robert Brenneise, T.B. (Tiffany, Marcy)(leh).
June 13, 2011 Filing 152 NOTICE of Non-filing of Motion on IDEA Claims by San Diego Unified School District (Attachments: #1 Certificate of Service)(Levine, Amy)(leh).
May 31, 2011 Filing 151 NOTICE of Acceptance with Offer of Judgment by Allison Brenneise, Robert Brenneise, T.B. Third Claim for Relief (Attachments: #1 Exhibit Offer of Judgment)(Tiffany, Marcy)(leh).
May 31, 2011 Filing 150 NOTICE by Allison Brenneise, Robert Brenneise of Change in Counsels' Firm Names and Contact Information Due to Dissolution of Wyner & Tiffany (Tiffany, Marcy)(leh).
May 23, 2011 Filing 149 Minute Entry for proceedings held before Magistrate Judge William McCurine, Jr: Telephonic Status Conference held on 5/23/2011. Order to issue.(CD# 5/23/2011 n/a). (Plaintiff Attorney Steven Wyner). (Defendant Attorney n/a). (rab)
May 23, 2011 Opinion or Order Filing 148 ORDER Rescinding #147 Order for Mediation. Upon the joint recommendation of counsel, the Court hereby rescinds the prior Order for mediation. [Doc. No. 147]. All other Orders and dates remain intact. Signed by Magistrate Judge William McCurine, Jr on 5/23/2011.(jer) (jrl).
May 23, 2011 Opinion or Order Filing 147 ORDER Following Status Conferences and Order for Private Mediation. The parties are ordered to arrange and participate in one full day of private mediation. Mediation shall be concluded on or before June 12, 2011. The parties have until Friday, May 27, 2011, to select a private mediator. The parties shall contact Judge McCurine on or before May 27, 2011, regarding who will conduct the private mediation and when the mediation will occur. Signed by Magistrate Judge William McCurine, Jr on 5/23/2011.(jer)(jrd)
May 20, 2011 Filing 145 Minute Entry for proceedings held before Magistrate Judge William McCurine, Jr: Telephonic Status Conference held on 5/20/2011(CD# 5/20/2011 n/a). (Plaintiff Attorney n/a). (Defendant Attorney Amy Levine). (rab)
May 20, 2011 Filing 144 Minute Entry for proceedings held before Magistrate Judge William McCurine, Jr: Telephonic Status Conference held on 5/20/2011.(CD# 5/20/2011 n/a). (Plaintiff Attorney Marcy Tiffany). (Defendant Attorney Steven Wyner). (rab)
May 17, 2011 Filing 146 Minute Entry for proceedings held before Magistrate Judge William McCurine, Jr: Telephonic Status Conference held on 5/17/2011. No settlement reached.(CD# 5/17/2011 n/a). (Plaintiff Attorney Marcy Tiffany). (Defendant Attorney Amy Levine). (rab)
May 4, 2011 Opinion or Order Filing 143 Minute Order Regarding Defendant San Diego Unified School District's Pending Motions: On May 2, 2011 Judge McCurine issued #142 a Scheduling Order to streamline the progression and resolution of this case. In the Order, Judge McCurine advised the parties that "the Court will not entertain additional dispositive motions outside the scope of the motions outlined in this order." Consistent with this admonition, the Court hereby DENIES both the District's #131 Motion for Partial Judgment on the Pleadings and its #132 Motion for Summary Judgment, WITHOUT PREJUDICE to the District's ability to refile its motions in a manner consistent with the Court's May 2, 2011 Scheduling Order. IT IS SO ORDERED. Signed by Judge Michael M. Anello on 05/04/2011. (dmr)
May 2, 2011 Opinion or Order Filing 142 ORDER Following Status Conference. On or before June 13, 2011, the parties shall each file a single motion for summary judgment. The parties may each file an opposition on or before July 11, 2011. The parties may each file a reply on or before July 25, 2011. The Court will issue a scheduling order after the parties have submitted their joint discovery plan on or before May 13, 2011. Signed by Magistrate Judge William McCurine, Jr on 5/2/11.(jer)(jrd)
April 20, 2011 Filing 141 Minute Entry for proceedings held before Magistrate Judge William McCurine, Jr: Telephonic Case Management Conference held on 4/20/2011. Court to issue an order.(CD# 4/20/2011 n/a). (Plaintiff Attorney Marcy J.K. Tiffany, Steven Wyner). (Defendant Attorney Amy R. Levine). (rab)
April 19, 2011 Filing 139 Amended NOTICE by San Diego Unified School District re #132 MOTION for Summary Judgment (Attachments: #1 Declaration of Linda Vergara, #2 Proof of Service)(Levine, Amy) (leh).
April 19, 2011 Opinion or Order Filing 138 Notice of Document Discrepancies and Order Thereon by Judge Michael M. Anello Rejecting Document: #137 Motion to Amend from Defendant San Diego Unified School District. Non-compliance with local rule(s), OTHER: Motion Improper. IT IS HEREBY ORDERED: The document is rejected. It is ordered that the Clerk STRIKE the document from the record, and serve a copy of this order on all parties. Signed by Judge Michael M. Anello on 4/19/2011.(leh)(jrd)
April 19, 2011 Filing 137 DOCUMENT STRICKEN PER ORDER ON 4/19/2011 - MOTION to Amend/Correct #132 MOTION for Summary Judgment by San Diego Unified School District. (Attachments: # 1 Declaration of Vergara, # 2 Proof of Service)(Levine, Amy) Modified on 4/19/2011 to strike doc and remove images(leh). (leh).
April 19, 2011 Opinion or Order Filing 136 Notice of Document Discrepancies and Order Thereon by Judge Michael M. Anello Rejecting Document: #134 Motion to Amend; #135 Declaration to Motion from Defendant San Diego Unified School District. Non-compliance with local rule(s), ECF 2(a),(g): Docket entry does not accurately reflect the document filed - declaration not attached - duplicate of main doc, OTHER: Motion Not Proper. IT IS HEREBY ORDERED: The document is rejected. It is ordered that the Clerk STRIKE the document from the record, and serve a copy of this order on all parties. Signed by Judge Michael M. Anello on 4/19/2011.(leh)(jrd)
April 19, 2011 Filing 135 DOCUMENT STRICKEN PER ORDER ON 4/19/2011 - DECLARATION re #134 MOTION to Amend/Correct #132 MOTION for Summary Judgment, #132 MOTION for Summary Judgment by Defendant San Diego Unified School District. (Levine, Amy) Modified on 4/19/2011 to strike doc and replace image (leh).
April 19, 2011 Filing 134 DOCUMENT STRICKEN PER ORDER ON 4/19/2011 - MOTION to Amend/Correct #132 MOTION for Summary Judgment by San Diego Unified School District. (Attachments: # 1 Declaration of Linda Vergara, # 2 Proof of Service)(Levine, Amy) Modified on 4/19/2011 to strike doc, and replace image, term motion and edit text (leh).
April 14, 2011 Filing 132 MOTION for Summary Judgment by San Diego Unified School District. (Attachments: #1 Memo of Points and Authorities, #2 Appendix of Foreign Authorities, #3 Declaration, #4 Declaration, #5 Declaration, #6 Declaration, #7 Declaration, #8 Declaration, #9 Declaration, #10 Statement of Facts, #11 Proof of Service)(Levine, Amy)(leh).
April 14, 2011 Filing 131 MOTION for Partial Judgment on the Pleadings by San Diego Unified School District. (Attachments: #1 Memo of Points and Authorities, #2 Appendix of Foreign Authorities, #3 Proof of Service)(Levine, Amy)(leh).
April 12, 2011 Opinion or Order Filing 130 ORDER Scheduling Telephonic Case Management Conference: On 4/20/2011 at 4:00 PM, the Court will hold a telephonic case management conference. Counsel are required to participate. Counsel for Defendant is instructed to initiate the joint call to the Court. Signed by Magistrate Judge William McCurine, Jr on 4/12/2011.(leh)(jrd)
March 30, 2011 Opinion or Order Filing 129 ORDER denying #119 Motion for Entry of Judgment under Rule 54(b) and Compensatory Education. For the reasons stated herein, the Court denies the motion for an award of compensatory education and denies the motion for entry of partial final judgment. It is further ordered that within 3 days of the filing of this Order, the parties shall contact Magistrate Judge William McCurine's Chambers to schedule a case management conference. Signed by Judge Michael M. Anello on 3/30/2011. (All non-registered users served via U.S. Mail Service)(leh)(jrd).
March 10, 2011 Opinion or Order Filing 128 PROTECTIVE ORDER - Granting #127 Motion for Protective Order. Signed by Magistrate Judge William McCurine, Jr on 3/10/2011. (All non-registered users served via U.S. Mail Service)(leh) (jrl).
March 9, 2011 Filing 127 Joint MOTION for Protective Order by San Diego Unified School District (Attachments: #1 Proof of Service to Stipulation Regarding Protective Order)(Levine, Amy) Modified on 3/10/2011 atty contacted re: wrong event used, edited text and fixed event(leh).
February 15, 2011 Filing 126 REQUEST FOR JUDICIAL NOTICE re #119 MOTION for Entry of Judgment under Rule 54(b) and Compensatory Education; Request for Judicial Notice of Recent Decision filed by Allison Brenneise, Robert Brenneise, T.B. (Tiffany, Marcy) Modified on 2/16/2011 text modified; qc mail sent re correct event (kaj).
December 23, 2010 Filing 125 REPLY to Response to Motion re #119 MOTION for Entry of Judgment under Rule 54(b) and Compensatory Education MOTION for Entry of Judgment under Rule 54(b) and Compensatory Education Opposition to San Diego USD's Request for Judicial Notice filed by Allison Brenneise, Robert Brenneise, T.B. (Tiffany, Marcy) (knh).
December 22, 2010 Filing 124 REQUEST FOR JUDICIAL NOTICE RE DOC. #119 - E-filed as RESPONSE in Opposition re #119 MOTION for Entry of Judgment under Rule 54(b) and Compensatory Education MOTION for Entry of Judgment under Rule 54(b) and Compensatory Education Request for Judicial Notice filed by San Diego Unified School District. (Attachments: #1 Request for Judicial Notice)(Sutherland, Sarah) (mdc) Modified on 12/26/2010 to edit text. (mdc)
December 1, 2010 Opinion or Order Filing 123 Minute Order Taking Matter Under Submission: Currently set for hearing before the Court on December 6, 2010 is Plaintiffs/Counterdefendants' #119 MOTION for Entry of Judgment under Rule 54(b) and Compensatory Education. The Court in its discretion takes this motion under submission on the papers and without oral argument pursuant to Civil Local Rule 7.1.d.1. The December 6 hearing is VACATED. No appearances are required. SO ORDERED by Judge Michael M. Anello on 12/01/2010.(dmr)
November 29, 2010 Filing 122 REPLY to Response to Motion re #119 MOTION for Entry of Judgment under Rule 54(b) and Compensatory Education MOTION for Entry of Judgment under Rule 54(b) and Compensatory Education filed by Allison Brenneise, Robert Brenneise, T.B.. (Attachments: #1 Declaration)(Tiffany, Marcy)(leh).
November 22, 2010 Filing 121 Appendix of Foreign Authorities and Exhibits in Support of #120 RESPONSE in Opposition re #119 MOTION for Entry of Judgment under Rule 54(b) and Compensatory Education filed by San Diego Unified School District. (Attachments: #1 Exhibit Foreign Authorities, #2 Exhibit Foreign Authorities)(Sutherland, Sarah) Modified on 11/23/2010 to edit text(leh).
November 22, 2010 Filing 120 RESPONSE in Opposition re #119 MOTION for Entry of Judgment under Rule 54(b) and Compensatory Education MOTION for Entry of Judgment under Rule 54(b) and Compensatory Education filed by San Diego Unified School District. (Attachments: #1 Declaration Amy Levine)(Sutherland, Sarah)(leh).
October 22, 2010 Filing 119 MOTION for Entry of Judgment under Rule 54(b) and Compensatory Education by Allison Brenneise, Robert Brenneise, T.B.. (Attachments: #1 Memo of Points and Authorities In support of Motion for Comp Ed and Final Judgment)(Tiffany, Marcy) (jer).
June 1, 2010 Opinion or Order Filing 118 ORDER Denying #85 Motion for Partial Summary Judgment as to First Cause Action; and Denying #106 Motion To Supplement Administrative Record. Based on the foregoing stated herein, the Court Denies the Motion for Partial Summary Judgment on its First Claim for Relief under the Individuals with Disabilities Education Act, or in the alternative, Motion for a Ruling on its Appeal under the IDEA. The Court also denies the motion to supplement the administrative record. Signed by Judge Michael M. Anello on 6/1/2010. (leh) (jrl).
April 12, 2010 Filing 117 Minute Entry for proceedings held before Magistrate Judge William McCurine, Jr: The telephonic Status Conference set for April 12, 2010 at 4:30 p.m. was not held.(Tape #n/a). (Plaintiff Attorney n/a). (Defendant Attorney n/a). (rab)
March 23, 2010 Opinion or Order Filing 116 ORDER: A Telephonic Status Conference will be held on 4/12/2010 at 4:30 PM. Counsel for Defendant is instructed to initiate the joint call to the Court. Signed by Magistrate Judge William McCurine, Jr on 3/23/2010.(leh) (jrl).
March 16, 2010 Filing 115 Minute Entry for proceedings held before Magistrate Judge William McCurine, Jr: Telephonic Status Conference held on 3/16/2010.(Tape #WMC10-16:35-16:55). (Plaintiff Attorney Steven Wyner). (Defendant Attorney Amy R. Levine). (rab)
March 12, 2010 Filing 114 Minute Entry: Telephonic Discovery Conference set for 3/12/2010 vacated and reset for 3/16/10 at 4:30 PM before Magistrate Judge William McCurine Jr. (mjm)
March 12, 2010 Opinion or Order Filing 113 ORDER setting Telephonic Status Conference regarding discovery for 3/16/2010 04:30 PM before Magistrate Judge William McCurine Jr. Signed by Magistrate Judge William McCurine, Jr on 3/12/2010.(knh)(kaj).
March 11, 2010 Opinion or Order Filing 112 ORDER setting Telephonic Discovery Conference for 3/12/2010 04:30 PM before Magistrate Judge William McCurine Jr. Signed by Magistrate Judge William McCurine, Jr on 3/11/2010.(knh) (av1).
February 16, 2010 Opinion or Order Filing 110 Minute Order Taking Motion Under Submission: Defendant San Diego Unified School District's #106 Motion to Supplement the Administrative Record re #85 the Motion for Partial Summary Judgment On Its First Claim For Relief Under The IDEA is currently set for hearing before the Court on February 22, 2010. The Court in its discretion shall take this motion under submission on the papers and without oral argument pursuant to Civil Local Rule 7.1.d.1. Accordingly, no appearances are required, and the February 22, 2010 hearing date shall be taken off calendar. So Ordered by Judge Michael M. Anello on 2/16/2010. (amk)
February 12, 2010 Filing 109 REPLY to Response to Motion re #106 MOTION to Supplement Administrative Record re #85 MOTION for Partial Summary Judgment On Its First Claim For Relief Under The IDEA filed by San Diego Unified School District. (Attachments: #1 Declaration)(Sutherland, Sarah) Modified on 2/16/2010 to edit text(leh).
February 8, 2010 Filing 108 RESPONSE in Opposition re #106 MOTION re #85 MOTION for Partial Summary Judgment On Its First Claim For Relief Under The IDEA to Supplement Administrative Record MOTION re #85 MOTION for Partial Summary Judgment On Its First Claim For Relief Under The IDEA to Supplement Administrative Record filed by Allison Brenneise, Robert Brenneise, T.B. (Attachments: #1 Exhibits 1 & 2)(Tiffany, Marcy) (leh). Modified on 6/7/2010 to remove name(leh).
January 8, 2010 Filing 106 MOTION to Supplement Administrative Record re #85 MOTION for Partial Summary Judgment On Its First Claim For Relief Under The IDEA by San Diego Unified School District. (Attachments: #1 Memo of Points and Authorities ISO Motion to Supplement Administrative Record, #2 Declaration of Sarah Sutherland, #3 Declaration of Jan Bootsma, #4 Proof of Service)(Sutherland, Sarah)(leh).
December 24, 2009 Filing 105 NOTICE by San Diego Unified School District Intent to File a Noticed Motion to Supplement the Record (Attachments: #1 Proof of Service)(Levine, Amy) (mkz).
December 7, 2009 Filing 104 RESPONSE re #102 Notice of Errata to Statement of Fact filed by San Diego Unified School District. (Sutherland, Sarah)(leh).
December 2, 2009 Filing 103 Minute Entry for proceedings held before District Judge Michael M. Anello: Motion Hearing held on 12/2/2009 re #85 MOTION for Partial Summary Judgment On Its First Claim For Relief Under The IDEA filed by San Diego Unified School District. Court takes ruling under submission. (Court Reporter Elizabeth Cesena). (Plaintiff Attorney Marcy J.K. Tiffany, Dana Hersh Wilkins). (Defendant Attorney Amy R. Levine, Sarah Leilani Wanda Sutherland). (ibf) Modified to correct minute order on 12/3/2009 (ibf).
December 2, 2009 Filing 102 Notice of Errata to Brenneises' Separate Statement of Material Facts and Response to SDUSD's Separate Statement of Material Facts re #85 MOTION for Partial Summary Judgment On Its First Claim For Relief Under The IDEA filed by Allison Brenneise, Robert Brenneise, T.B. (Tiffany, Marcy) Modified on 12/2/2009 to edit text(leh). Modified on 6/7/2010 to remove name(leh).
November 30, 2009 Opinion or Order Filing 101 ORDER granting #97 Motion to Appoint Guardian Ad Litem. It is hereby ordered that the petition is granted and that Allison Brenneise be appointed guardian ad litem for T.B. in this action. Signed by Judge Michael M. Anello on 11/30/2009. (leh) (jrl). Modified on 6/7/2010 to remove name(leh).
November 24, 2009 Filing 100 Corrected Appendix of Foreign Authorities in Support of SDUSD's Reply Memorandum of Points and Authorities in Support of Its Motion for Partial Summary Judgment of Ruling on Its IDEA Appeal by San Diego Unified School District re #99 Reply to Response to Motion. (Attachments: #1 Exhibit A. A.B. v. San Francisco Unified School District, #2 Exhibit B. Caledonia Public Schools, #3 Exhibit C. Deal v. Hamilton County Dept. of Educ., #4 Exhibit D. Paradise (CA) Unified School District, #5 Exhibit E. Student v. Pasadena Unified School District, #6 Proof of Service to San Diego USD's Corrected Appendix of Foreign Authorities)(Levine, Amy) Modified on 11/24/2009 to edit text(leh).
November 23, 2009 Filing 99 REPLY to Response to Motion re #85 MOTION for Partial Summary Judgment On Its First Claim For Relief Under The IDEA filed by San Diego Unified School District. (Attachments: #1 Appendix of Foreign Authorities in Support of San Diego USD's Reply Memorandum of Points and Authorities in Support of Its Motion for Partial Summary Judgment or Ruling on Its IDEA Appeal, #2 Exhibit A. A.B. v. San Francisco Unified School District, #3 Exhibit B. Caledonia Public Schools, #4 Exhibit C. Deal v. Hamilton County Dept. of Educ., #5 Exhibit D. Paradise (CA) Unified School District, #6 Statement of Facts to San Diego USD's Reply Memorandum of Points and Authorities in Support of Its Motion for Partial Summary Judgment or Ruling on Its IDEA Appeal, #7 Proof of Service to San Diego USD's Reply Memorandum of Points and Authorities in Support of Its Motion for Partial Summary Judgment or Ruling on Its IDEA Appeal)(Levine, Amy)(leh).
November 18, 2009 Filing 98 RESPONSE in Opposition re #85 MOTION for Partial Summary Judgment On Its First Claim For Relief Under The IDEA filed by Allison Brenneise, Robert Brenneise, T.B. (Attachments: #1 Statement of Facts And Response to SDUSD Statement of Material Facts, #2 Appendix List of Foreign Authorities, #3 Exhibit Foreign Authorities)(Tiffany, Marcy) (leh). Modified on 6/7/2010 to remove name(leh).
November 4, 2009 Filing 97 MOTION to Appoint Guardian ad Litem by Allison Brenneise, Robert Brenneise, T.B. (Wilkins, Dana) (leh). Modified on 6/7/2010 to remove name(leh).
October 30, 2009 Opinion or Order Filing 96 ORDER denying #89 Ex Parte Motion to Strike Defendants' Motion for Partial Summary Judgment. Signed by Judge Michael M. Anello on 10/30/2009. (leh) (jrl).
October 21, 2009 Filing 95 REPLY to Response to Motion re #89 Ex Parte MOTION to Strike #85 MOTION for Partial Summary Judgment On Its First Claim For Relief Under The IDEA and Motion to Strike Transcript and/or Continue HearingEx Parte MOTION to Strike #85 MOTION for Partial Summary Judgment On Its First Claim For Relief Under The IDEA and Motion to Strike Transcript and/or Continue Hearing filed by Allison Brenneise, Robert Brenneise, T.B. (Attachments: #1 Declaration Steven Wyner, #2 Exhibit K-T, #3 Declaration Marcy J.K. Tiffany, #4 Exhibit U, #5 Declaration Cindy Watts, #6 Declaration Craig Sommerstein, #7 Declaration Terri O'Brien)(Tiffany, Marcy)(leh). Modified on 6/7/2010 to remove name(leh).
October 19, 2009 Filing 94 RESPONSE in Opposition re #89 Ex Parte MOTION to Strike #85 MOTION for Partial Summary Judgment On Its First Claim For Relief Under The IDEA and Motion to Strike Transcript and/or Continue HearingEx Parte MOTION to Strike #85 MOTION for Partial Summary Judgment On Its First Claim For Relief Under The IDEA and Motion to Strike Transcript and/or Continue Hearing filed by San Diego Unified School District. (Attachments: #1 Declaration Declaration of Amy Levine in Support of Opposition, #2 Declaration Declaration of Ron Robinson in Support of Opposition, #3 Declaration Declaration of Chris Davis in Support of Opposition, #4 Declaration Declaration of Sarah Sutherland in Support of Oppostion, #5 Exhibit Ex 1 to S. Sutherland Decl, #6 Exhibit Ex 2 to S. Sutherland Decl, #7 Exhibit Ex 3 to S. Sutherland Decl, #8 Exhibit Ex 4 to S. Sutherland Decl, #9 Exhibit Ex 5 to S. Sutherland Decl, #10 Exhibit Ex 6 to S. Sutherland Decl, #11 Exhibit Ex 7 to S. Sutherland Decl, #12 Exhibit Ex 8 to S. Sutherland Decl, #13 Exhibit Ex 9 to S. Sutherland Decl, #14 Exhibit Ex 10 to S. Sutherland Decl, #15 Exhibit Ex 11 to S. Sutherland Decl, #16 Exhibit Ex 12 to S. Sutherland Decl, #17 Exhibit Ex 13 to S. Sutherland Decl, #18 Exhibit Ex 14 to S. Sutherland Decl, #19 Exhibit Ex 15 to S. Sutherland Decl, #20 Exhibit Ex 16 to S. Sutherland Decl, #21 Exhibit Ex 17 to S. Sutherland Decl, #22 Exhibit Ex 18 to S. Sutherland Decl, #23 Exhibit Ex 19 to S. Sutherland Decl, #24 Exhibit Ex 20 to S. Sutherland Decl, #25 Exhibit Ex 21 to S. Sutherland Decl, #26 Exhibit Ex 22 to S. Sutherland Decl, #27 Exhibit Ex 23 to S. Sutherland Decl, #28 Exhibit Ex 24 to S. Sutherland Decl, #29 Exhibit Ex 25 to S. Sutherland Decl, #30 Exhibit Ex 26 to S. Sutherland Decl, #31 Exhibit Ex 27 to S. Sutherland Decl, #32 Exhibit Ex 28 to S. Sutherland Decl, #33 Exhibit Ex 29 to S. Sutherland Decl, #34 Exhibit Ex 30 to S. Sutherland Decl, #35 Appendix Defendant San Diego Unified School District's Appendix of Foreign Authorities in Support of Opposition, #36 Exhibit Ex 1 to Appendix of Foreign Authorities in Support of Opposition, #37 Exhibit Ex 2 to Appendix of Foreign Authorities in Support of Opposition, #38 Exhibit Ex 3 to Appendix of Foreign Authorities in Support of Opposition, #39 Exhibit Ex 4 to Appendix of Foreign Authorities in Support of Opposition, #40 Proof of Service Certificate of Serivce)(Levine, Amy)(leh).
October 16, 2009 Opinion or Order Filing 93 Order granting in part and denying in part #90 Plaintiffs' Ex Parte Motion to Continue: The Court has considered the ex parte motion, Defendant's opposition, and Plaintiffs' reply. The Court denies the ex parte motion in part and shall not take the hearing on Defendant's #85 motion for partial summary judgment off calendar. However, the Court finds good cause to reschedule the hearing date. Accordingly, the Court grants the ex parte motion in part and the hearing on Defendant's motion, previously scheduled for November 2, 2009, is hereby VACATED and RESET for Wednesday, December 2, 2009 at 2:30 p.m. in Courtroom 5. Briefing on the motion shall be in accordance with Civil Local Rule 7.1.e. The Court advises the parties that this order should not be construed as a partial ruling or a commentary on Plaintiffs' pending #89 ex parte motion to strike. So Ordered by Judge Michael M. Anello on 10/16/2009. (amk)
October 15, 2009 Filing 92 REPLY to Response to Motion re #90 Ex Parte MOTION to Continue Take SDUSD's Motion for Partial Summary Judgment Off Calendar filed by Allison Brenneise, Robert Brenneise, T.B. (Attachments: #1 Exhibit A and B)(Tiffany, Marcy)(leh). Modified on 6/7/2010 to remove name(leh).
October 15, 2009 Filing 91 RESPONSE in Opposition re #90 Ex Parte MOTION to Continue Take SDUSD's Motion for Partial Summary Judgment Off Calendar filed by San Diego Unified School District. (Attachments: #1 Proof of Service to San Diego Unified School District's Opposition to Ex Parte Motion to take District's Motion for Partial Summary Judgment off Calendar)(Levine, Amy)(leh).
October 14, 2009 Filing 90 Ex Parte MOTION to Continue Take SDUSD's Motion for Partial Summary Judgment Off Calendar by Allison Brenneise, Robert Brenneise, T.B. (Tiffany, Marcy)(leh). Modified on 6/7/2010 to remove name(leh)
October 14, 2009 Opinion or Order Minute Order Setting Briefing Schedule: On October 13, 2009, Plaintiffs filed an #89 Ex Parte Motion to Strike Defendant's Motion for Partial Summary Judgment and to Strike Transcript and/or Continue Hearing on Motion. Having completed an initial review of the ex parte motion, the Court finds additional briefing is necessary and therefore sets the following expedited schedule: (1) Defendant's opposition/response to the ex parte motion shall be filed on or before October 19, 2009; (2) Plaintiffs' reply, if any, shall be filed on or before October 21, 2009. Once the briefing is complete, the Court shall consider the matter on the papers and issue a written ruling. So Ordered by Judge Michael M. Anello on 10/14/2009. (amk)
October 13, 2009 Filing 89 Ex Parte MOTION to Strike #85 MOTION for Partial Summary Judgment On Its First Claim For Relief Under The IDEA by Allison Brenneise, Robert Brenneise, T.B. (Attachments: #1 Memo of Points and Authorities In Support of Ex Parte Motion to Strike or Continue SDUSD's Motion for Partial Summary Judgment, #2 Declaration Marcy J.K. Tiffany (Part 1), #3 Declaration Marcy J.K. Tiffany (Part 2), #4 Declaration Steven Wyner)(Tiffany, Marcy) (ag). Modified on 6/7/2010 to remove name (leh).
October 12, 2009 Filing 88 AMENDED DOCUMENT re: Addendum to Joint Report on Discovery by San Diego Unified School District. (Attachments: #1 Exhibit A. Joint Report Outlining Discovery To Be Completed, #2 Proof of Service)(Levine, Amy). Modified on 10/14/2009 - Edited text (jah).
October 2, 2009 Opinion or Order Filing 86 ORDER Following the Telephonic Status Conference. The Court issues the following Order: On or before October 9, 2009, the parties shall prepare a joint report outlining what discovery remains to be completed. Signed by Magistrate Judge William McCurine, Jr on 10/2/09. (vet)(kaj).
September 30, 2009 Filing 85 MOTION for Partial Summary Judgment On Its First Claim For Relief Under The IDEA by San Diego Unified School District. (Attachments: #1 Memo of Points and Authorities San Diego USD's MSJ On Its First Claim For Relief Under the IDEA, #2 Statement of Facts San Diego USD's Separate Statement of Facts ISO MSJ On Its First Claim For Relief Under the IDEA, #3 Appendix San Diego USD's Appendix of Foreign Authorities ISO MSJ On Its First Relief Under The IDEA, #4 Exhibit A. Bettinger v. New York City Bd. of Educ., #5 Exhibit B. Bock v. Santa Cruz City Schools, #6 Exhibit C. C.N. v. Los Angeles Unif. Sch. Dist., #7 Exhibit D. Colville School District, #8 Exhibit E. E.P. v. San Ramon Valley Unif. Sch. Dist., #9 Exhibit F. East Whittier City Elem. Sch. Dist., #10 Exhibit G. In re Student with a Disability, #11 Exhibit H. LeSesne v. District of Colombia, #12 Exhibit I. Matthew L. v. Department of Educ., #13 Exhibit J. N.R. v. San Ramon Valley Unif. Sch. Dist., #14 Exhibit K. Northeast Indep. Sch. Dist., #15 Exhibit L. Pleasant Valley Sch. Dist., #16 Exhibit M. Sierra Unif. Sch. Dist., #17 Exhibit N. Taylor P. v. Missouri Dept. of Elem. and Secondary Educ., #18 Exhibit O. Tuscaloosa Co. Bd. of Educ., #19 Certificate of Service)(Levine, Amy) (leh).
September 29, 2009 Filing 87 Minute Entry for proceedings held before Magistrate Judge William McCurine, Jr: Telephonic Status Conference held on 9/29/2009(Tape #n/a). (rab)
September 22, 2009 Opinion or Order Filing 84 ORDER: The telephonic Status Conference set for 9/28/2009 at 4:00 PM will be rescheduled to 9/29/2009 at 4:45 PM. Only counsel are required to participate. Counsel for Plaintiff is instructed to initiate the conference call. Signed by Magistrate Judge William McCurine, Jr on 9/22/2009. (leh) (jrl).
September 20, 2009 Opinion or Order Filing 83 ORDER: On the Court's own motion, a telephonic Status Conference regarding Discovery will be held on 9/28/2009 at 4:00 PM. Only counsel are required to participate. Counsel for defendant San Diego Unified School District is instructed to initiate the conference call. Signed by Magistrate Judge William McCurine, Jr on 9/20/2009. (leh) (av1).
August 19, 2009 Filing 82 Minute Entry for proceedings held before Magistrate Judge William McCurine, Jr: Case Management Conference held on 8/19/2009(Tape #n/a). (Plaintiff Attorney Marcy J. K. Tiffany). (Defendant Attorney Sarah L. Sutherland). (rab)
August 17, 2009 Opinion or Order Filing 81 ORDER granting #79 Joint Motion for Order to Lodge Administrative Record Under Seal. It is hereby ordered that the parties lodge the record from OAH under seal by 8/19/2009. The administrative record shall remain sealed unless otherwise ordered by this Court. The parties and their counsel shall have access to all documents lodged under seal. Signed by Judge Michael M. Anello on 8/17/2009. (Lodged Documents placed in Vault) (leh)(jrl).
August 14, 2009 Filing 80 NOTICE by San Diego Unified School District re #79 Joint MOTION Order to Lodge Record Under Seal (Sutherland, Sarah)(leh).
August 14, 2009 Filing 79 Joint MOTION Order to Lodge Record Under Seal by San Diego Unified School District. (Sutherland, Sarah)(leh).
July 22, 2009 Opinion or Order Filing 78 Minute Order Re #60 Defendant's Motion for Leave to File Excess Pages: The Court defers ruling on Defendant San Diego Unified School District's request. The Court shall make a determination regarding the length of the parties' briefs in support of dispositive motions at a later date, and in no event prior to the currently scheduled Case Management/Settlement Conference before Magistrate Judge McCurine. So ordered by Judge Michael M. Anello on 7/22/2009. (amk)
July 9, 2009 Opinion or Order Filing 77 ORDER: A Case Management/Settlement Conference is scheduled for 8/19/2009 at 2:00 PM. Settlement conference statements shall be due by 8/14/2009. Discovery is stayed until further order of the Court with the exception of limited discovery regarding issue whether complaint was filed frivolously. Each party shall be allowed to serve requests for production and not more than fifteen interrogatories. Signed by Magistrate Judge William McCurine, Jr on 7/8/2009. (leh) (jrl).
June 25, 2009 Opinion or Order Filing 76 AMENDED ORDER. The telephonic Status Conference scheduled for June 26, 2009 is continued to July 6, 2009 at 4:30 p.m.. Signed by Magistrate Judge William McCurine, Jr on 6/25/09. (vet) (jrl).
June 25, 2009 Opinion or Order Filing 75 ORDER rescheduling Telephonic Status Conference to 7/6/2009 at 4:30 PM before Judge McCurine. Signed by Magistrate Judge William McCurine, Jr on 06/25/09. (jpp) Modified on 6/25/2009 (amk). (jrl).
June 16, 2009 Opinion or Order Filing 73 ORDER: A Telephonic Status Conference will be held 6/26/2009 at 10:00 AM. Counsel for Defendant San Diego Unified School District is instructed to initiate the conference call by first telephoning opposing counsel and then telephoning the Court. Signed by Magistrate Judge William McCurine, Jr on 6/16/2009. (leh)(jrl).
June 9, 2009 Filing 74 Minute Entry for proceedings held before Magistrate Judge William McCurine, Jr: The Status Hearing set for 6/9/09 at 4:30 p.m. before Magistrate Judge McCurine is off calendar. Parties have been notified of new Status Conference Hearing date.(Tape #n/a). (Plaintiff Attorney n/a). (Defendant Attorney n/a). (rab)
June 5, 2009 Filing 72 San Diego Unified School District's ANSWER to #65 Second Amended Complaint by San Diego Unified School District. (Attachments: #1 Proof of Service)(Sutherland, Sarah) (leh).
June 2, 2009 Opinion or Order Filing 71 ORDER granting #70 Joint Motion to Vacate Telephonic Conference set for June 5, 2009. The Court hereby orders that Defendant San Diego Unified School District shall answer the Second Amended Complaint by 6/5/2009. The telephonic conference set for 6/5/2009 at 4:00 PM is vacated. Signed by Judge Michael M. Anello on 6/2/2009. (leh) (jrl).
June 2, 2009 Filing 70 Joint MOTION Vacate Telephonic Conference set for June 5, 2009. re #68 Ex Parte MOTION Request for Telephonic Conference Re Proposed Motion, 69 Order on Motion for Miscellaneous Relief, by San Diego Unified School District. (Sutherland, Sarah) (leh).
May 29, 2009 Opinion or Order Filing 69 ORDER granting #68 Motion Telephonic Conference: Defendant and Plaintiff SAN DIEGO UNIFIED SCHOOL DISTRICT requests the Court schedule a telephonic conference regarding a proposed motion to dismiss the District intends upon filing regarding the Fourth, Fifth, Sixth, and Seventh Claims for Relief contained in Plaintiffs' T.B., Allison Brenneise and Robert Brenneise Second Amended Complaint pursuant to Federal Rules of Civil Procedure Rule 12(b). Having reviewed the request, the Court finding that the District has satisfied the requirements of the Civil Chambers Rules, the request is granted. A Telephonic Conference is hereby set for June 5, 2009 at 4:00 PM before Judge Michael M. Anello. Counsel for the School District shall be responsible for coordinating and initiating the telephonic conference. (amk)
May 26, 2009 Filing 68 Ex Parte MOTION Request for Telephonic Conference Re Proposed Motion by San Diego Unified School District. (Attachments: #1 Declaration of Sarah Sutherland ISO Request for Telephonic Conference re Proposed Motion to Dismiss, #2 Proof of Service)(Sutherland, Sarah) (leh).
May 15, 2009 Filing 67 REPLY to Response to Motion re #60 Ex Parte MOTION for Leave to File Excess Pages filed by San Diego Unified School District. (Attachments: #1 Declaration of Amy Levine, #2 Declaration of Sarah Sutherland)(Sutherland, Sarah) (leh).
May 13, 2009 Filing 66 RESPONSE in Opposition re #60 Ex Parte MOTION for Leave to File Excess Pages filed by T.B., Allison Brenneise, Robert Brenneise, Wyner and Tiffany. (Attachments: #1 Declaration Declaration of Steven Wyner in Support of Opposition to Ex Parte Motion to Extend Page Limits)(Wyner, Steven) (leh). Modified on 6/7/2010 to remove name(leh).
May 8, 2009 Filing 65 SECOND AMENDED COMPLAINT with Jury Demand against San Diego Unified School District, filed by T.B., Allison Brenneise, Robert Brenneise.(Tiffany, Marcy) (leh). Modified on 6/7/2010 to remove name(leh).
May 8, 2009 Opinion or Order Filing 64 ORDER granting #55 Plaintiffs' Motion for Leave to File a Second Amended Complaint: The Court GRANTS Plaintiffs' motion for leave to file a second amended complaint including proposed additional claims 4, 5, 6, and 7 against the School District. However, any amendment adding claim 8 against the Director in her individual capacity under Title II of the ADA or Section 504 of the Rehabilitation Act would be futile, as there is no individual liability for damages under these two statutes. Plaintiffs' may file a second amended complaint in compliance with the Court's order on or before May 15, 2009. Signed by Judge Michael M. Anello on 5/8/2009. (amk)
May 7, 2009 Opinion or Order Filing 63 ORDER Re: #61 Ex Parte Motion to Continue by San Diego Unified School District; Submitting #55 Motion for Leave to File a Second Amended Complaint by Plaintiffs on the Papers without Oral Argument. It is hereby ordered that the previously scheduled 5/8/2009 Motion Hearing is Vacated. The Motion Hearing shall not be reset. The Court takes Plaintiffs' Motion for Leave to File a Second Amended Complaint under submission. The Court shall issue a written ruling by 5/11/2009. Signed by Judge Michael M. Anello on 5/7/2009. (leh) (jrl).
May 7, 2009 Filing 62 RESPONSE in Opposition re #61 Ex Parte MOTION to Continue Hearing on Plaintiffs Motion to Amend filed by T.B., Allison Brenneise, Robert Brenneise. (Attachments: #1 Declaration Steven Wyner)(Tiffany, Marcy)(leh). Modified on 6/7/2010 to remove name(leh).
May 6, 2009 Filing 61 Ex Parte MOTION to Continue Hearing on Plaintiffs Motion to Amend by San Diego Unified School District. (Attachments: #1 Declaration of Amy Levine in Support of Ex Parte Motion to Continue Hearing Date on Motion to Amend, #2 Declaration of Sarah Sutherland ISO Ex Parte Motion to Continue)(Sutherland, Sarah) (leh).
May 6, 2009 Opinion or Order ORDER Setting Briefing Schedule Re: San Diego Unified School District's #60 Ex Parte Motion for Leave to File Excess Pages: Having reviewed the ex parte motion filed by San Diego Unified School District on May 5, 2009, the Court hereby SETS the following schedule for further briefing on the motion: The Brenneises shall file an opposition to the motion on or before May 13, 2009; the School District shall file a reply, if any, on or before May 15, 2009. Any objections to this briefing schedule may be raised by the parties at the close of the May 8, 2009 Motion Hearing and shall be considered at that time by Judge Anello. It is so ordered. Signed by Judge Michael M. Anello on 5/6/2009. (amk)
May 5, 2009 Filing 60 Ex Parte MOTION for Leave to File Excess Pages by San Diego Unified School District. (Attachments: #1 Declaration Sarah L.W. Sutherland)(Sutherland, Sarah) (ag).
April 30, 2009 Filing 59 REPLY to Response to Motion re #55 MOTION to File Second Amended Complaint filed by T.B., Allison Brenneise, Robert Brenneise. (Attachments: #1 Declaration Steven Wyner)(Tiffany, Marcy)(asw). Modified on 6/7/2010 to remove name(leh).
April 24, 2009 Filing 58 RESPONSE in Opposition re #55 MOTION to File Second Amended Complaint filed by San Diego Unified School District. (Attachments: #1 Declaration Dec. of Sarah L.W. Sutherland)(Sutherland, Sarah) (leh).
March 6, 2009 Opinion or Order Filing 57 ORDER granting #56 Motion to Continue Early Neutral Evaluation. The ENE currently scheduled for 3/24/2009 is vacated. Plaintiff shall contact the Court within three day of Judge Anello's ruling on Plaintiff's motion to amend the complaint. Signed by Magistrate Judge William McCurine, Jr on 3/6/2009. (leh) (jrl).
March 5, 2009 Filing 56 MOTION/Request to Continue Early Neutral Evaluation Conference by T.B., Allison Brenneise, Robert Brenneise. (Wilkins, Dana) (leh). Modified on 6/7/2010 to remove name (leh).
March 3, 2009 Filing 55 MOTION to File Second Amended Complaint by T.B., Allison Brenneise, Robert Brenneise. (Attachments: #1 Exhibit Second Amended Complaint)(Wilkins, Dana) Modified on 3/4/2009, atty contacted re: s/; edited text (leh). Modified on 6/7/2010 to remove name(leh).
March 3, 2009 Opinion or Order Filing 54 Notice of Document Discrepancy and Order Thereon by Judge Michael M. Anello Rejecting Document: Second Amended Complaint from Plaintiffs T.B., Allison Brenneise, Robert Brenneise. Non-compliance with local rule, OTHER: Proposed Second Amended Complaint should not have been filed as separate document - Motion to File Second Amended Complaint needs to be re-filed, with the proposed Second Amended Complaint attached as an exhibit to the Motion. IT IS HEREBY ORDERED: The document is rejected. It is ordered that the Clerk STRIKE the document from the record, and serve a copy of this order on all parties. Signed by Judge Michael M. Anello on 3/3/2009. (leh) Modified on 6/7/2010 to remove name (leh).
March 2, 2009 Filing 53 MOTION to Amend/Correct #52 Amended Complaint File Second Amended Complaint by T.B., Allison Brenneise, Robert Brenneise. (Tiffany, Marcy) Modified on 3/3/2009, Motion termed: Pursuant to 3/3/09 Order, Motion is to be refiled with SAC as an attachment (leh). Modified on 6/7/2010 to remove name (leh).
March 2, 2009 Filing 52 DOCUMENT STRICKEN PURSUANT TO 3/3/2009 ORDER - AMENDED COMPLAINT with Jury Demand Second Amended Complaint against San Diego Unified School District, filed by T.B., Allison Brenneise, Robert Brenneise.(Tiffany, Marcy) Modified on 3/3/2009, Document Stricken Per Order on 3/3/2009, see Doc. #54 (leh). Modified on 6/7/2010 to remove name (leh).
February 20, 2009 Opinion or Order Filing 51 Notice and Order for Early Neutral Evaluation Conference: An Early Neutral Evaluation will be held on 3/24/2009 at 02:00 PM in chambers before Magistrate Judge William McCurine Jr. Signed by Magistrate Judge William McCurine, Jr on 02/20/09. (mkz) (jrl).
December 1, 2008 Filing 50 MANDATE of USCA dismissing the appeal as to #29 Notice of Appeal filed by San Diego Unified School District. (akr)
November 17, 2008 Opinion or Order Filing 49 ORDER of Transfer: The following civil case is transferred from the calendar of the Honorable William Q. Hayes to the calendar of the Honorable Michael M. Anello. The initials MMA shall replace WQH in all future pleadings. All pending motion hearings and pretrial conference dates on the calendar of Judge Hayes are hereby vacated to be rescheduled by Judge Anello. All other dates set forth in scheduling orders, and all hearings calendared before the Magistrate Judge remain as scheduled. New Case Number: 08cv28-MMA(WMc). Signed by Judge William Q. Hayes on 11/17/2008. (leh)
November 7, 2008 Opinion or Order Filing 48 ORDER: It is ordered that the (1) Motion for Certificate of Appealability (Doc. #25 ) filed by San Diego Unified School District is denied, and (2) Motion to Dismiss and/or Strike Counterclaims and for Sanctions (Doc. #36 ) filed by San Diego Unified School District is granted in part. The Brenneises' first, second and third Counterclaims (08cv39, Doc. # 24) are dismissed. San Diego Unified's request for sanctions is denied. Signed by Judge William Q. Hayes on 11/7/2008. (mdc)
November 4, 2008 Opinion or Order Filing 47 ORDER of USCA as to #29 Notice of Appeal filed by San Diego Unified School District. The USCA has received and reviewed appellant's response to the USCA's 8/15/2008 order to show cause and appellees' motion to dismiss this appeal for lack of jurisdiction. Although appellant may not have waived its claim to Eleventh Amendment immunity, appellant's entitlement to such immunity is not the subject of the order appealed here. Accordingly, the USCA lacks jurisdiction over the interlocutory appeal because appellant has not been granted permission to appeal pursuant to 28 USC 1292(b). Nor has appellant demonstrated that this appeal is permissible under the collateral order doctrine. Appellees' motion to dismiss is granted. This appeal is dismissed. (akr)
August 29, 2008 Filing 46 CERTIFICATE OF SERVICE by San Diego Unified School District re #45 Reply to Response to Motion, (Levine, Amy) (mdc)
August 29, 2008 Filing 45 REPLY to Response to Motion re #36 MOTION to Dismiss San Diego Unified School District's Notice of Motion and Motion to Dismiss and/or Strike Counterclaims and for Sanctions San Diego Unified School District's Reply Memorandum of Points and Authorities in Support of Its Motion to Dismiss and/or Strike Counterclaims and for Sanctions filed by San Diego Unified School District. (Levine, Amy) (mdc)
August 25, 2008 Filing 44 RESPONSE in Opposition re #36 MOTION to Dismiss San Diego Unified School District's Notice of Motion and Motion to Dismiss and/or Strike Counterclaims and for Sanctions (Corrected) to correct minor typographical errors filed by T.B., Allison Brenneise, Robert Brenneise. (Tiffany, Marcy) (mdc) Modified on 6/7/2010 to remove name (leh).
August 25, 2008 Filing 43 CORRECTED DOCUMENT FILED AS DOC. #44 - RESPONSE in Opposition re #36 MOTION to Dismiss San Diego Unified School District's Notice of Motion and Motion to Dismiss and/or Strike Counterclaims and for Sanctions filed by T.B., Allison Brenneise, Robert Brenneise. (Tiffany, Marcy) Modified on 8/28/2008 to indicate corrected filing status. (mdc) Modified on 6/7/2010 to remove name (leh).
August 15, 2008 Opinion or Order Filing 42 ORDER of USCA as to #29 Notice of Appeal filed by San Diego Unified School District. A review of the record suggests that USCA may lack jurisdiction over this interlocutory appeal because appellant has not been granted permission to appeal pursuant to 28 U.S.C. 1292(b). Within 21 days after the date of this order, appellant shall move for voluntary dismissal of the appeal or show cause why it should not be dismissed for lack of jurisdiction. If appellant elects to show cause, a response may be filed within 8 days after service of the memorandum. If appellant does not comply with this order, the Clerk of the USCA shall dismiss the appeal pursuant to Ninth Circuit Rule 42-1. Briefing is suspended pending further order of the USCA. (akr)
August 11, 2008 Filing 41 REPLY to Response to Motion re #25 MOTION for Certificate of Appealability filed by San Diego Unified School District. (Sutherland, Sarah) (mdc)
August 4, 2008 Filing 40 CERTIFICATE OF SERVICE by San Diego Unified School District re #37 Declaration, #36 MOTION to Dismiss San Diego Unified School District's Notice of Motion and Motion to Dismiss and/or Strike Counterclaims and for Sanctions, #38 Declaration, #39 Declaration, (Levine, Amy) Modified on 8/6/2008 - Spoke with Mr. Davis of atty's office re motion attachments and s/signtures. (mdc)
August 4, 2008 Filing 39 DECLARATION re #36 MOTION to Dismiss San Diego Unified School District's Notice of Motion and Motion to Dismiss and/or Strike Counterclaims and for Sanctions Declaration of Sarah Sutherland in Support of District's Motion for Sanctions by Defendant San Diego Unified School District. (Levine, Amy) Modified on 8/6/2008 - Spoke with Mr. Davis of atty's office re motion attachments. (mdc)
August 4, 2008 Filing 38 DECLARATION re #36 MOTION to Dismiss San Diego Unified School District's Notice of Motion and Motion to Dismiss and/or Strike Counterclaims and for Sanctions Declaration of Damara Moore in Support of District's Motion for Sanctions by Defendant San Diego Unified School District. (Levine, Amy) Modified on 8/6/2008 - Spoke with Mr. Davis of atty's office re motion attachments and s/signtures. (mdc)
August 4, 2008 Filing 37 DECLARATION re #36 MOTION to Dismiss San Diego Unified School District's Notice of Motion and Motion to Dismiss and/or Strike Counterclaims and for Sanctions Declaration of Amy R. Levine in Support of District's Motion for Sanctions by Defendant San Diego Unified School District. (Levine, Amy) Modified on 8/6/2008 - Spoke with Mr. Davis of atty's office re motion attachments. (mdc)
August 4, 2008 Filing 36 MOTION to Dismiss San Diego Unified School District's Notice of Motion and Motion to Dismiss and/or Strike Counterclaims and for Sanctions by San Diego Unified School District. (Attachments: #1 Memo of Points and Authorities San Diego Unified SChool District's Memorandum of Points and authorities in Support of Its Motion to Dismiss and/or Strike Counterclaims and for Sanctions, #2 Appendix Appendix of Foreign Authorities in Support of the District's Motion to Dismiss and/or Strike Counterclaims and for Sanctions, #3 Exhibit Appendix Ex. 1) J.W. ex rel. J.E.W. v. Fresno Unif. Sch. Dist., 2008 WL 2698647 (E.D.Cal. 2008), #4 Exhibit Appendix Ex. 2) Southern New England Tel. Co. v. Global NAPS, Inc., 2007 WL 521162 (D.Conn. 2007), #5 Exhibit Appendix Ex. 3) Bizouati v. City of New York, 2008 WL 753886 (E.D.N.Y. 2008))(Levine, Amy) - No Oral Argument Unless Requested By Court. Modified on 8/6/2008 to add note re oral argument. (mdc)
August 4, 2008 Filing 35 RESPONSE in Opposition re #25 MOTION for Certificate of Appealability filed by T.B., Allison Brenneise, Robert Brenneise, Wyner and Tiffany. (Attachments: #1 Declaration Steven Wyner, #2 Exhibit A-CDE Compliance Report)(Tiffany, Marcy) (mdc) Modified on 6/7/2010 to remove name(leh).
August 4, 2008 Filing 34 FILED IN ERROR - RESPONSE in Opposition re #25 MOTION for Certificate of Appealability filed by T.B., Allison Brenneise, Robert Brenneise, Wyner and Tiffany. (Attachments: #1 Declaration Steven Wyner, #2 Exhibit A-Second Amended CDE Compliance Report)(Tiffany, Marcy) Modified on 8/6/2008 - Complete document filed as Doc. #35 . (mdc) Modified on 6/7/2010 to remove name(leh).
July 31, 2008 Filing 33 USCA Time Scheduling Order as to #29 Notice of Appeal filed by San Diego Unified School District. (akr)
July 31, 2008 Filing 32 USCA Case Number 08-56238 for #29 Notice of Appeal filed by San Diego Unified School District. (akr)
July 25, 2008 Filing 31 Certificate of Record transmitted to USCA re #29 Notice of Appeal. (akr)
July 25, 2008 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #29 Notice of Appeal. (akr)
July 24, 2008 Filing 30 TRANSCRIPT REQUEST by San Diego Unified School District re #29 Notice of Appeal: No Transcripts Designated. (akr) Modified to correct filing date on 7/25/2008 (akr).
July 24, 2008 Filing 29 NOTICE OF APPEAL as to #22 Order on Motion to Dismiss by San Diego Unified School District. (Filing Fee: Paid). (akr)
July 11, 2008 Filing 28 CERTIFICATE OF SERVICE by San Diego Unified School District re #25 MOTION for Certificate of Appealability, #26 Declaration, #27 Declaration, (Levine, Amy) (mdc)
July 11, 2008 Filing 27 DECLARATION re #25 MOTION for Certificate of Appealability Declaration of Sarah Sutherland in Support of Defendant's Motion for Certification to the Ninth Circuit of the Court's Order Denying Its Motion to Dismiss Plaintiff's Fourth Claim for relief by Defendant San Diego Unified School District. (Levine, Amy) (mdc)
July 11, 2008 Filing 26 DECLARATION re #25 MOTION for Certificate of Appealability Declaration of Judy Cias in Support of Defendant's Motion for Certification to the ninth Circuit of the Court's Order Denying Its Motion to Dismiss Plaintiff's Fourth Claim fo rRelief by Defendant San Diego Unified School District. (Attachments: #1 Exhibit A) State of CA Annual PErformance report for Fed. Fiscal Year 2006 (2006-2007))(Levine, Amy) (mdc)
July 11, 2008 Filing 25 MOTION for Certificate of Appealability by San Diego Unified School District. (Attachments: #1 Memo of Points and Authorities San Diego Unif. Sch. Dist.'s Memorandum of Points and Authorities in Support of Its Motion for Certification to the Ninth Circuit of the Court's Order Denying Its Motion to Dismiss Plainitff's Fourth Claim for Relief, #2 Appendix Appendix of Foeigh Authroities in Support of Motion for Certification, #3 Exhibit 1 to Appendix (Johnson ex rrel Johnson v. Fridlet Public Schools, #4 Exhibit 2 to Appendix (Watson v. Yolo County Flood Control), #5 Exhibit 3 to Appendix (Kotrous v. Goss-Jewett), #6 Exhibit 5 to Appendix (Batt v. City of Oakland), #7 Exhibit 5 to Appendix (Valdovinos v. McGrath))(Levine, Amy) - No Oral Argument Unless Requested By Court. Modified on 7/14/08 to add note re oral argument. (mdc)
July 9, 2008 Filing 24 CERTIFICATE OF SERVICE by San Diego Unified School District re #23 Answer to Amended Complaint (Levine, Amy) (mdc)
July 9, 2008 Filing 23 Defendant San Diego Unified School District's ANSWER to #12 Amended Complaint by San Diego Unified School District.(Levine, Amy) Modified on 7/10/08 - Sent e-mail to atty re s/signature. (mdc)
June 24, 2008 Opinion or Order Filing 22 ORDER, the Motion to Consolidate (08cv28, Doc. #9 ) is granted. Cases 08cv28 WQH (WMc) and 08cv39 WQH (WMc) shall be consolidated under one case number, 08cv28 WQH (WMc). All further pleadings shall be filed in 08cv28 WQH (WMc). The Motion to Dismiss Second Cause of Action against All Parties with Prejudice; to Dismiss Third Cause of Action against Steven Wyner and Wyner and Tiffany with Prejudice (08cv39, Doc. # 19) filed by T.B., a minor, Allison Brenneise and Robert Brenneise, his parents, Steven Wyner, and the law firm of Wyner and Tiffany is Denied; and (2) the Amended Motion to Dismiss Third and Fourth Claims for Relief (08cv28, Doc. #15 ) filed by San Diego Unified School District is Granted as to the third claim for relief and Denied as to the fourth claim for relief. Signed by Judge William Q. Hayes on 06/23/08. (joeh)(av1).
May 5, 2008 Filing 21 CERTIFICATE OF SERVICE by San Diego Unified School District re #20 Response in Support of Motion,,, (Levine, Amy) Modified on 5/9/08 - Sent e-mail to atty re s/ signature not matching log-in used for e-filing. (mdc)
May 5, 2008 Filing 20 REPLY TO RESPONSE TO MOTION RE DOC. #15 - Filed as RESPONSE in Support re #15 Amended MOTION to Dismiss Third and Fourth Claims for Relief Reply Memorandum of Points and Authorities in Support of Defendant's Amended Motion to Dismiss Third and Fourth Claims filed by San Diego Unified School District. (Attachments: #1 Appendix Appendix of Foreign Authorities in Support of Reply, #2 Exhibit 1) Levina v. San Luis Costal Unif. Sch. Dist., #3 Exhibit 2) S.M. c. Cupertino Union Sch. Dsit., #4 Exhibit 3) S.J. v. Issaquah Sch. Dist., #5 Exhibit 4) J.R. v. Sylvan Union Sch. Dist., #6 Exhibit 5) Smith v. North Thurston Sch. Dist., #7 Exhibit 6) Wachlarowicz v. Sch. Bd. of Indep. Sch. Dist., #8 Exhibit 7) R.K. v. Hayward Unif. Sch. Dist., #9 Exhibit 8) C.T. v. Vacaville Unif. Sch. Dist.)(Levine, Amy) Modified on 5/9/08 to clarify document title in text. (mdc)
April 29, 2008 Filing 19 NOTICE by T.B., Allison Brenneise, Robert Brenneise re #17 Response in Opposition to Motion, #18 Response in Opposition to Motion,, Correction of Identification of Represented Party in Caption and Signature Pages of Previously Filed Pleadings (Tiffany, Marcy) (mdc) Modified on 6/7/2010 to remove name(leh).
April 28, 2008 Filing 18 SUPPLEMENTAL DOCUMENT RE #17 - Filed as RESPONSE in Opposition re #15 Amended MOTION to Dismiss Third and Fourth Claims for Relief Supplemental Authorities & Request for Judicial Notice filed by T.B., Allison Brenneise, Robert Brenneise. (Attachments: #1 Exhibit A-Ninth Circuit Order-Levina, #2 Exhibit B-Part 1-Porter Decision, #3 Exhibit B-Part 2-Porter Decision, #4 Exhibit C-CDE Compliance Report)(Tiffany, Marcy) Modified on 4/29/08 - Edited document title in text; sent e-mail to atty re exhibit table of contents, and re supplement filing. (mdc) Modified on 6/7/2010 to remove name(leh).
April 28, 2008 Filing 17 RESPONSE in Opposition re #15 Amended MOTION to Dismiss Third and Fourth Claims for Relief filed by T.B., Allison Brenneise, Robert Brenneise. (Tiffany, Marcy) (mdc) Modified on 6/7/2010 to remove name(leh).
April 4, 2008 Filing 16 CERTIFICATE OF SERVICE by San Diego Unified School District re #15 Amended MOTION to Dismiss Third and Fourth Claims for Relief Notice of Motion and Request for Judicial Notice (Levine, Amy) (mdc)
April 3, 2008 Filing 15 Amended MOTION to Dismiss Third and Fourth Claims for Relief by San Diego Unified School District. (Attachments: #1 Memo of Points and Authorities #2 Request for Judicial Notice #3 Exhibit A to Request for Judicial Notice#4 Exhibit B to Request for Judicial Notice)(Levine, Amy) Modified on 4/4/08 - Sent e-mail to atty re missing Certificate of Service. (mdc)
April 1, 2008 Filing 14 REFILED AS PART OF AMENDED MOTION ( #15 ) - NOTICE by San Diego Unified School District re #13 MOTION to Dismiss Notice of Motion and Motion to Dismiss Third and Fourth Claims Defendant San Diego Unified School District's REquest for Judicial Notice (Attachments: #1 Exhibit A) Motion to Dismiss OAH Case No. N2007110255#2 Exhibit B) 71 Feeral Register section 46602)(Levine, Amy) Modified on 4/4/08 to indicate refiling status. (mdc)
April 1, 2008 Filing 13 AMENDED DOCUMENT FILED AS #15 - MOTION to Dismiss Notice of Motion and Motion to Dismiss Third and Fourth Claims by San Diego Unified School District. (Attachments: #1 Memorandum of Points and Authorities in Support of Defendant's Motion to Dismiss Third and Fourth Claims) (Levine, Amy) Modified on 4/4/08 to indicate amended filing status. (mdc)
March 12, 2008 Filing 12 AMENDED COMPLAINT First against all defendants, filed by T.B., Allison Brenneise, Robert Brenneise. (Attachments: #1 Exhibit A Part 1 (OAH Decision)#2 Exhibit A Part 2 (OAH Decision))(Wilkins, Dana) (mdc) Modified on 6/7/2010 to remove name(leh).
March 12, 2008 Filing 11 NOTICE of Appearance by Dana Hersh Wilkins on behalf of all plaintiffs (Wilkins, Dana) (mdc)
March 10, 2008 Filing 10 WAIVER OF SERVICE Returned Executed by T.B., Allison Brenneise, Robert Brenneise. San Diego Unified School District waiver sent on 1/18/2008, answer due 3/18/2008. (Wilkins, Dana) Modified on 3/12/08 - Spoke with Atty Wilkins; she will e-file Notice of Appearance for this case. (mdc) Modified on 6/7/2010 to remove name (leh).
February 26, 2008 Filing 9 MOTION to Consolidate Cases 08 CV 0039 with 08 CV 0028 by San Diego Unified School District. (Attachments: #1 Memo of Points and Authorities In Support of Motion To Consolidate#2 Declaration of Sarah Sutherland In Support of Motion to Consolidate)(Sutherland, Sarah) - No Oral Argument Is Required Unless So Requested By The Court. Modified on 2/28/08 - Added note re oral argument; Judge for motion hearing not indicated in document. (mdc)
February 22, 2008 Filing 8 NOTICE by San Diego Unified School District of related case(s) 08-0039 corrected (Sutherland, Sarah) Modified on 2/25/08 - Low Number Order not prepared; spoke to Ms. Karr re s/ signature. (mdc)
February 22, 2008 Filing 7 NOTICE OF WITHDRAWAL OF DOCUMENT by San Diego Unified School District re #5 Notice of Related Case filed by San Diego Unified School District. (Sutherland, Sarah) Modified on 2/25/08 - Spoke to Ms. Karr re s/ signature. (mdc)
February 14, 2008 Filing 6 NOTICE by T.B., Allison Brenneise, Robert Brenneise of related case(s) 08cv0039 (Wilkins, Dana) Modified on 2/19/08 - Low Number Order not prepared. (mdc) Modified on 6/7/2010 to remove name (leh).
February 14, 2008 Filing 5 WITHDRAWN PER #7 - NOTICE by San Diego Unified School District of related case(s) 08-0039 (Sutherland, Sarah) Modified on 2/25/08 to indicate withdrawn status. (mdc)
February 14, 2008 Filing 4 REFILED AS #8 - NOTICE by San Diego Unified School District of Related Cases (Sutherland, Sarah) Modified on 2/25/08 to indicate refiling status. (mdc)
February 14, 2008 Filing 3 TO BE REFILED - NOTICE of Appearance by Sarah Leilani Wanda Sutherland on behalf of San Diego Unified School District (Sutherland, Sarah) Modified on 2/19/08 - Spoke w/ Atty Sutherland re s/ signature, missing Certificate of Service. (mdc)
January 4, 2008 Filing 2 Summons Issued as to San Diego Unified School District. (jjh)
January 4, 2008 Filing 1 COMPLAINT against San Diego Unified School District ( Filing fee $ 350 receipt number 146147), filed by T.B., Allison Brenneise, and Robert Brenneise.(jjh)(mam). Modified on 6/7/2010 to remove name (leh).

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Special master: John H. L'Estrange, Jr.
Represented By: John H L'Estrange, Jr
Represented By: Steven Wyner
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Plaintiff: T.B.
Represented By: Dana Hersh Wilkins
Represented By: Marcy Tiffany
Represented By: Steven Wyner
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Plaintiff: Allison Brenneise
Represented By: Dana Hersh Wilkins
Represented By: Marcy Tiffany
Represented By: Steven Wyner
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Plaintiff: Robert Brenneise
Represented By: Dana Hersh Wilkins
Represented By: Marcy Tiffany
Represented By: Steven Wyner
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Defendant: San Diego Unified School District
Represented By: Amy R Levine
Represented By: Sarah Leilani Wanda Sutherland
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Defendant: Wyner and Tiffany
Represented By: Dana Hersh Wilkins
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Intervenor: Marcy Tiffany
Represented By: Marcy Tiffany
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