J.R. et al v. San Marcos Unified School District
| J.R. |
| San Marcos Unified School District |
| Nicole Reed and Ronald Reed |
| 3:2021cv01752 |
| October 9, 2021 |
| US District Court for the Southern District of California |
| Janis L Sammartino |
| Andrew G Schopler |
| Civil Rights: Education |
| 20 U.S.C. § 1400 |
| None |
Docket Report
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This docket was last retrieved on December 16, 2021. A more recent docket listing may be available from PACER.
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Filing 32
ORDER (AGS): This Court construes plaintiff's motion to dismiss without prejudice (ECF #31 ) as a settlement notice. So, the December 22, 2021 Early Neutral Evaluation and Case Management Conference are vacated. On December 22, 2021, at 10:00 a.m., the parties must jointly call Judge Schopler's chambers concerning the status of dismissal. Plaintiff is responsible for initiating the joint call. If the joint motion to dismiss is filed before that time, the obligation to call will be stricken without further Court action. Signed by Magistrate Judge Andrew G. Schopler on 12/7/2021.(no document attached) (rfb)
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| Filing 31 MOTION to Dismiss by J.R.. (Attachments: #1 Proof of Service)(Varga, Jennifer)(sxa). |
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Filing 30
ORDER Granting #28 Joint Motion to Continue Briefing Schedule. The Parties MAY FILE supplemental briefing on Plaintiff's Motion for Preliminary Injunction, as outlined at ECF No. 23 , on or before 12/20/2021. Signed by Judge Janis L. Sammartino on 12/6/2021. (ag)
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| Filing 29 REPLY - Other re 23 Order on Motion to File Documents Under Seal,,, Order on Motion for Preliminary Injunction,,, Motion Hearing,, Supplemental Brief filed by J.R., Nicole Reed, Ronald Reed. (Varga, Jennifer) (ag). |
| Filing 28 Joint MOTION to Continue Supplemental Briefing Schedule by J.R., Nicole Reed, Ronald Reed. (Varga, Jennifer) (ag). |
| Filing 27 ADMINISTRATIVE RECORD Order Granting Motion for Clarification. (Varga, Jennifer) (tcf). |
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Filing 26
ORDER (1) Denying Without Prejudice #25 Plaintiff's Ex Parte Application to Extend Time; (2) Sua Sponte Striking Plaintiff's Exhibit 15; and (3) Ordering Plaintiff to File OAH's Ruling on Plaintiff's Motion for Clarification. In light of Plaintiff's representation that she has filed a Motion for Clarification with the Office of Administrative Hearings, the Court ORDERS Plaintiff to file with the Court OAH's written decision on Plaintiff's Motion for Clarification within three days of issuance. Signed by Judge Janis L. Sammartino on 12/2/2021. (tcf) (Additional attachment(s) added on 12/2/2021: #1 Stricken Document) (tcf).
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| Filing 25 Ex Parte MOTION to Continue Briefing Schedule by J.R., Nicole Reed, Ronald Reed. (Attachments: #1 Exhibit Plaintiff's Exhibit 15)(Varga, Jennifer) (tcf). (Attachment 1 replaced on 12/2/2021) (tcf). |
| Filing 24 JOINT DISCOVERY PLAN by San Marcos Unified School District re #18 Notice and Order for Early Neutral Evaluation conference (Dalessandro, Summer) (tcf). |
| Filing 23 Minute Order for proceedings held before Judge Janis L. Sammartino: Hearing on Motion for Preliminary Injunction #8 held and taken under submission. Court to issue written order. Parties to submit 10-page supplemental briefs re Exhaustion, Office of Compliance and other factors relating to the preliminary injunction motion by 12/3/2021 (Court Reporter/ECR Frank Rangus / CRD A Ramos / Plaintiff Attorney Jennifer L. Varga & Megan Nunez / Defendant Attorney Shiva E. Stein & Summer Danielle Dalssandro) (no document attached) (acr) Text Modified on 11/19/2021 to correct document number (acr) |
| Filing 22 Minute Entry for proceedings held before Judge Janis L. Sammartino: Hearing on Motion for Preliminary Injunction #9 continued on defense counsel's oral request for 11/18/2021 01:30 PM before Judge Janis L. Sammartino (Court Reporter/ECR Anne Roldan / CRD A Ramos / Plaintiff Attorney Jennifer L. Varga / Defendant Attorney Shiva E. Stein - telephonic)(no document attached) (acr) |
| Filing 21 SUR-REPLY - re #19 Order, Set Deadlines/Hearings filed by San Marcos Unified School District. (Attachments: #1 Declaration of Summer D. Dalessandro, #2 Declaration of Lori Cummins)(Dalessandro, Summer) (tcf). |
| Filing 20 NOTICE of Appearance by Summer Danielle Dalessandro on behalf of San Marcos Unified School District (Dalessandro, Summer)Attorney Summer Danielle Dalessandro added to party San Marcos Unified School District(pty:dft) (tcf). |
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Filing 19
ORDER Requesting Defendant File Supplemental Briefing. Defendant SHALL FILE a sur-reply on or before 11/11/2021. Signed by Judge Janis L. Sammartino on 11/9/2021. (tcf)
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Filing 18
NOTICE AND ORDER: (1) For Early Neutral Evaluation and (2) Setting Rule 26 Compliance and Case Management Conference. An Early Neutral Evaluation and Case Management Conference are set for 12/22/2021 at 9:00 AM before Magistrate Judge Andrew G. Schopler. The Joint Discovery Plan is due 12/10/2021. Signed by Magistrate Judge Andrew G. Schopler on 11/4/2021.(tcf)
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| Filing 17 REPLY - Other re #9 MOTION for Preliminary Injunction , #13 Response in Opposition to Motion, Reply to Defendant's Opposition to Motion filed by J.R., Nicole Reed, Ronald Reed. (Attachments: #1 Affidavit Second Declaration of Nicole Reed, #2 Supplement Statutes and Regulations cited in Briefs, #3 Exhibit Plaintiff's Exhibit 13, #4 Exhibit Plaintiff's Exhibit 14)(Varga, Jennifer) (tcf). |
| Filing 16 ANSWER to #1 Complaint, by San Marcos Unified School District.(Stein, Shiva) (tcf). |
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Filing 15
ORDER Requiring Parties to Meet and Confer. Signed by Judge Janis L. Sammartino on 10/29/2021. (tcf)
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| Filing 14 NOTICE of Appearance of Shiva E. Stein by Shiva E Stein on behalf of San Marcos Unified School District (Stein, Shiva)Attorney Shiva E Stein added to party San Marcos Unified School District(pty:dft) (tcf). |
| Filing 13 RESPONSE in Opposition re #9 MOTION for Preliminary Injunction Invoking Stay Put filed by San Marcos Unified School District. (Attachments: #1 Request for Judicial Notice in support of Opposition, #2 Declaration of Julie C. Coate, #3 Appendix in support of Opposition, #4 Exhibit to Appendix in support of Opposition)(Stein, Shiva) (tcf). |
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Filing 12
ORDER (1) Granting #11 Motion to Expedite Plaintiff's Motion for Preliminary Injuction; and (2) Resetting Hearing. The Court RESETS the hearing on Plaintiff's Motion for Preliminary Injunction (ECF No. #9 ), presently set for 12/9/2021, to 11/16/2021 at 9:30 AM in Courtroom 4D before Judge Janis L. Sammartino. The briefing schedule on Plaintiff's Motion remains the same as set by this Court's 10/14/2021 Order (ECF No. #10 ). Signed by Judge Janis L. Sammartino on 10/18/2021. (tcf)
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| Filing 11 MOTION to Expedite Motion for Preliminary Injunction by J.R., Nicole Reed, Ronald Reed. (Attachments: #1 Memo of Points and Authorities Points and Authorities, #2 Declaration Declaration of Nicole Reed)(Varga, Jennifer) (tcf). |
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Filing 10
ORDER Setting Briefing Schedule re #9 Plaintiff's Motion for Preliminary Injunction. Defendant SHALL file a response on or before 10/28/2021. Plaintiff MAY file a reply on or before 11/4/2021. The hearing on this Motion remains set on 12/9/2021 at 1:30 PM in Courtroom 4D before Judge Janis L. Sammartino. Signed by Judge Janis L. Sammartino on 10/14/2021. (tcf)
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| Filing 9 MOTION for Preliminary Injunction by J.R., Nicole Reed, Ronald Reed. (Attachments: #1 Memo of Points and Authorities, #2 Declaration)(Varga, Jennifer) (tcf). |
| Filing 8 SEALED LODGED Proposed Document re: #7 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Varga, Jennifer) (jmo). |
| Filing 7 MOTION to File Documents Under Seal (With attachments)(Varga, Jennifer) (jmo). |
| Filing 6 SUMMONS Returned Executed by J.R., Nicole Reed, Ronald Reed. San Marcos Unified School District served. (Varga, Jennifer) (tcf). |
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Filing 5
ORDER Granting #4 Motion to Appoint Guardians ad Litem. Good cause appearing, the Court GRANTS Plaintiff's Petition and Nicole Reed and Ronald Reed are appointed as guardians ad litem for Plaintiff J.R. Signed by Judge Janis L. Sammartino on 10/13/2021. (tcf)
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| Filing 4 Amended MOTION to Appoint Guardian ad Litem ad Litem by J.R. (Varga, Jennifer) (tcf). |
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Filing 3
Order Sua Sponte Striking Petition to Appoint Guardians ad Litem (ECF No. #1 -2). Plaintiff may file a redacted version of the Petition within seven days of the date of this order. Signed by Judge Janis L. Sammartino on 10/12/2021. (tcf) (Additional attachment(s) added on 10/13/2021: #1 Stricken Document) (tcf).
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| Filing 2 Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (ggv) (dsn) |
| Filing 1 COMPLAINT against San Marcos Unified School District ( Filing fee $ 402 receipt number ACASDC-16209778.), filed by J.R., Nicole Reed, Ronald Reed. (Attachments: #1 Civil Cover Sheet, #2 Petition for Order for Appointment of Guardian Ad Litem)The new case number is 3:21-cv-1752-JLS-AGS. Judge Janis L. Sammartino and Magistrate Judge Andrew G. Schopler are assigned to the case. (Varga, Jennifer)(ggv) |
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