J.G. v. San Diego Unified School District et al
| J.G. |
| San Diego Unified School District, Superintendent Lamont A. Jackson, EdD, Nona Richard, Martha Bagaporo, Marissa Calderon, Holly Hunt, Jill Palulatt and Does 1-10 |
| 3:2022cv01605 |
| October 18, 2022 |
| US District Court for the Southern District of California |
| Anthony J Battaglia |
| Ruben B Brooks |
| Janis L Sammartino |
| Civil Rights: Education |
| 20 U.S.C. § 1400 IDEA: Individuals With Disabilities Education Act (short title) |
| None |
Docket Report
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This docket was last retrieved on April 28, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 23 RESPONSE in Opposition re #17 Amended MOTION to Remand to State Court filed by Martha Bagaporo, Marissa Calderon, Holly Hunt, Lamont A. Jackson, EdD, Jill Palulatt, Nona Richard, San Diego Unified School District. (Bresee, Mark)(jrm). |
| Filing 22 REPLY to Response to Motion re #5 MOTION to Dismiss for Failure to State a Claim filed by Martha Bagaporo, Marissa Calderon, Holly Hunt, Lamont A. Jackson, EdD, Jill Palulatt, Nona Richard, San Diego Unified School District. (Bresee, Mark) (jpp). |
| Filing 21 RESPONSE in Opposition re #5 MOTION to Dismiss for Failure to State a Claim Plaintiff's Opposition to Defendant's Motion to Dismiss filed by J.G.. (Attachments: #1 Declaration of Aaron Goulding in Support of Opposition to Motion to Dismiss, #2 Declaration of Tracy L. Henderson, Esq in Support of Opposition to Motion to Dismiss)(Henderson, Tracy) |
Filing 20
Notice of Document Discrepancies and Order Thereon by Judge Anthony J. Battaglia Rejecting re #19 Response in Opposition to Motion, from Plaintiff J.G. Non-compliance with local rule(s), Civ. L. Rule 7.1 or 47.1 - Briefs or memorandum exceed length restrictions. 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. Plaintiff is permitted to file an Opposition that complies with the page limits no later than by noon on 12/2/2022. Failure to refile by the deadline will constitute a non-opposition. Plaintiff is admonished against further noncompliance with the local or chambers rules. Defendants time to file a Reply is extended to December 9, 2022. IT IS SO ORDERED. Signed by Judge Anthony J. Battaglia on 12/01/2022.(jrm)
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| Filing 19 ***Document stricken per Order #20 *** RESPONSE in Opposition re #5 MOTION to Dismiss for Failure to State a Claim Plaintiff's Opposition to Defendant's Motion to Dismiss filed by J.G.. (Attachments: #1 Declaration of Aaron Goulding in Support of Opposition to Motion to Dismiss, #2 Declaration of Tracy L. Henderson, Esq in Support of Opposition to Motion to Dismiss)(Henderson, Tracy) (jrm). Modified to strike on 12/1/2022 (jrm). (Additional attachment(s) added on 12/1/2022: #3 Stricken Document Form) (jrm). |
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Filing 18
ORDER BY JUDGE BATTAGLIA: Setting Briefing Schedule re #17 Amended MOTION to Remand to State Court : Responses due by 12/12/2022; Replies due by 12/19/2022; sur-replies will not be accepted. Motion Hearing set for 2/9/2023 at 2:00 PM in Courtroom 4A before Judge Anthony J. Battaglia.(no document attached) (sc)
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| Filing 17 Amended MOTION to Remand to State Court by J.G.. (Attachments: #1 Notice Plaintiff's Notice of Second Amended Motion to Remand, #2 Request for Judicial Notice Request for Judicial Notice in Support of Second Amended Motion to Remand)(Henderson, Tracy) (ddf). |
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Filing 16
Notice of Document Discrepancies and Order Thereon by Judge Anthony J. Battaglia Rejecting re #14 MOTION to Remand and Memorandum of Points and Authorities in Support, #15 Amended MOTION to Remand to State Court and Memorandum of Points and Authorities in Support, from Plaintiff J.G.. Non-compliance with local rule(s), Civ.L. Rule 5.1.a - Printed text, produced on a word processor or other computer, may be proportionally spaced allowing 28 lines on one side of the document, provided the type is no smaller than 14-point standard font (e.g. Times New Roman). Should counsel wish to refile the motion to remand, counsel must call chambers on the day of refiling to obtain another hearing date.. 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 the Chambers of Judge Anthony J. Battaglia on 11/18/2022.(jrm)
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| Filing 15 ***Documents stricken per Order #16 *** Amended MOTION to Remand to State Court and Memorandum of Points and Authorities in Support by J.G.. (Attachments: #1 Notice Plaintiff's Notice of Motion to Remand, #2 Request for Judicial Notice Request for Judicial Notice in Support of Motion to Remand)(Henderson, Tracy)(jrm). (Additional attachment(s) added on 11/18/2022: #3 Stricken Document Form) (jrm). Modified to strike on 11/18/2022 (jrm). |
| Filing 14 ***Document stricken per Order #16 *** MOTION to Remand and Memorandum of Points and Authorities in Support by J.G.. (Attachments: #1 Notice Plaintiff's Notice of Motion to Remand, #2 Request for Judicial Notice Request for Judicial Notice in Support of Motion to Remand)(Henderson, Tracy) (jrm). (Additional attachment(s) added on 11/18/2022: #3 Stricken Document Form) (jrm). Modified to strike on 11/18/2022 (jrm). |
| Filing 13 SUMMONS Returned Executed by J.G.. All Plaintiffs served. (Attachments: #1 Declaration of Due Diligence)(Henderson, Tracy) (jms). |
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Filing 12
Order Enlarging Time to Oppose Defendant's Motion to Dismiss. The briefing schedule regarding Defendants' Motion to Dismiss for Failure to State a Claim currently scheduled for 11/9/2022 for any response and 11/16/2022 for any reply is extended to 11/30/2022 for any response and 12/7/2022 for any reply. Signed by Judge Anthony J. Battaglia on 11/3/2022. (jrm)
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| Filing 11 Joint MOTION for Extension of Time to File Response/Reply as to 6 Order Setting Briefing Schedule, by J.G. (Henderson, Tracy) (jrm). |
| Filing 10 NOTICE of Appearance by Tracy L Henderson on behalf of J.G. (Attachments: #1 Notice of Appearance)(Henderson, Tracy) QC mailer sent re incorrect pdf attached on 11/3/2022; withdraw/refile (jrm). |
| Filing 9 NOTICE of Joinder by Marissa Calderon IN NOTICE OF MOTION AND MOTION TO DISMISS (Bresee, Mark)(jrm). |
| Filing 8 NOTICE OF CONSENT TO REMOVAL by Marissa Calderon, Holly Hunt re #1 Notice of Removal, (Bresee, Mark)(jrm). |
| Filing 7 NOTICE of Appearance by Mark Robert Bresee on behalf of Marissa Calderon (Bresee, Mark)Attorney Mark Robert Bresee added to party Marissa Calderon(pty:dft)(jrm). |
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Filing 6
ORDER BY JUDGE BATTAGLIA: Setting Briefing Schedule re #5 MOTION to Dismiss for Failure to State a Claim : Responses due by 11/9/2022; Replies due by 11/16/2022; sur-replies will not be accepted. Motion hearing scheduled for 2/9/2023 at 2:00 p.m. in Courtroom 4A.(no document attached) (sc)
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| Filing 5 MOTION to Dismiss for Failure to State a Claim by Martha Bagaporo, Holly Hunt, Lamont A. Jackson, EdD, Jill Palulatt, Nona Richard, San Diego Unified School District. (Attachments: #1 Memo of Points and Authorities)(Bresee, Mark)(jrm). |
| Filing 4 NOTICE of Appearance by Mark Robert Bresee on behalf of Holly Hunt (Bresee, Mark)Attorney Mark Robert Bresee added to party Holly Hunt(pty:dft) (jrm). |
| Filing 3 CERTIFICATE OF SERVICE by Martha Bagaporo, Lamont A. Jackson, EdD, Jill Palulatt, Nona Richard, San Diego Unified School District CERTIFICATE OF SERVICE OF NOTICE TO ADVERSE PARTY AND TO THE CLERK OF THE SUPERIOR COURT OF REMOVAL OF ACTION TO FEDERAL COURT (Bresee, Mark) (alns). |
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Filing 2
ORDER OF RECUSAL. Judge Janis L. Sammartino is no longer assigned to this case. The case is reassigned to Judge Anthony J. Battaglia for all further proceedings. The new case number is 22-cv-01605-AJB-RBB. Signed by Judge Janis L. Sammartino on 10/20/2022. (All non-registered users served via U.S. Mail Service) (tcf)
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| Filing 1 NOTICE OF REMOVAL ( Filing fee $402 receipt number BCASDC-17262228.), filed by Lamont A. Jackson, San Diego Unified School District, Jill Palulatt, Martha Bagaporo, Nona Richard. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A-G)The new case number is 3:22-cv-1605-JLS-RBB. Judge Janis L. Sammartino and Magistrate Judge Ruben B. Brooks are assigned to the case.(cxl1) (rmc). |
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