S. L. v. Upland Unified School District, et al
| S. L., by and through her Guardian Ad Litem Rita Loof |
| UPLAND UNIFIED SCHOOL DISTRICT and WEST END SELPA, Local Education Agencies |
| 12-55715 |
| April 20, 2012 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 60 Filed order (HARRY PREGERSON, MARSHA S. BERZON and MORGAN B. CHRISTEN) The parties have not filed objections to the Appellate Commissioners May 7, 2015 report and recommendation. The report and recommendation is adopted in full. S.L.s request for judicial notice is granted in part and denied in part. See Fed. R. Evid. 201. Attorneys fees and non-taxable costs in the amount of $25,573.76 are awarded in favor of S.L., by and through her guardian at litem Rita Loof, and against Upland Unified School District and West End SELPA. See 20 U.S.C. 1415(i). This order amends the courts mandate. See Fed. R. App. P. 41.The parties have not filed objections to the Appellate Commissioners May 7, 2015 report and recommendation. The report and recommendation is adopted in full. S.L.s request for judicial notice is granted in part and denied in part. See Fed. R. Evid. 201. Attorneys fees and non-taxable costs in the amount of $25,573.76 are awarded in favor of S.L., by and through her guardian at litem Rita Loof, and against Upland Unified School District and West End SELPA. See 20 U.S.C. 1415(i). This order amends the courts mandate. See Fed. R. App. P. 41. [9555532] [12-55715, 12-56796] (DL) [Entered: 05/29/2015 04:27 PM] |
| Filing 59 Filed Report and Recommendation by Appellate Commissioner. [9528435] [12-55715, 12-56796] (DL) [Entered: 05/07/2015 09:39 AM] |
| Filing 58 Filed order (Appellate Commissioner): The Clerk shall serve on all counsel of record the report and recommendation filed contemporaneously with this order. Within 14 days after the filing date of this order, the parties may file objections to the report and recommendation. See 9th Cir. R. 39-1.9. The Clerk shall forward to the Appellate Commissioner any objections that are filed. (Appellate Commissioner) [9528432] [12-55715, 12-56796] (DL) [Entered: 05/07/2015 09:37 AM] |
| Filing 57 Filed order MEDIATION (SL):The issue of the amount of attorneys fees to be awarded to appellant which was referred to the courts Mediation Program on August 20, 2015 is released from the Mediation Program and is referred back to the Appellate Commissioner pursuant to this courts order dated July 14, 2014. The Appellate Commissioner will notify the parties if additional briefing is warranted. [9395301] [12-55715, 12-56796] (SML) [Entered: 01/26/2015 10:51 AM] |
| Filing 56 Filed amended order MEDIATION (SL): The court will initiate a further conference, with counsel for appellant only, by telephone on September 30, 2014, at 5:00 p.m. PACIFIC (San Francisco) Time. [9257655] [12-55715, 12-56796] (AF) [Entered: 09/29/2014 01:47 PM] |
| Filing 55 Filed order MEDIATION (SL): The court will initiate a further conference, with counsel for appellant only, by telephone on September 30, 2012, at 5:00 p.m. PACIFIC (San Francisco) Time. [9257299] (OC) [Entered: 09/29/2014 11:38 AM] |
| Filing 54 MEDIATION CONFERENCE SCHEDULED - The court has scheduled a telephone Assessment Conference, 09/24/2014, 2:00 p.m. PACIFIC Time. The Circuit Mediator will initiate the conference call by contacting each person on the attached list. Please be available for the call at least five minutes before the scheduled time. Counsel should review the attached list and inform the Mediation Assistant by email at least 72 hours in advance of the scheduled call of any corrections to the list.. [9221605] [12-55715, 12-56796] (VS) [Entered: 08/27/2014 03:59 PM] |
| Filing 53 Filed order (Appellate Commissioner): The parties have informed the court that they agree to participate in the courts mediation program to assist in resolution of the fee dispute. Accordingly, the fee matter is referred to the Circuit Mediator, who will contact the parties. The Circuit Mediator is requested to inform the Appellate Commissioner of the conclusion of the mediation. (Appellate Commissioner) [9212805] [12-55715, 12-56796] (DL) [Entered: 08/20/2014 04:20 PM] |
| Filing 52 Filed (ECF) Appellees Upland Unified School District and West End Selpa in 12-55715, 12-56796 status report (as required by Court order dated 07/28/2014). Date of service: 08/16/2014 [9209264] [12-55715, 12-56796] (Klatchko, Kira) [Entered: 08/18/2014 05:14 PM] |
| Filing 51 Filed (ECF) Appellant S. L. status report (as required by Court order dated 07/28/2014). Date of service: 08/18/2014 [9209156] (Whiteleather, Tania) [Entered: 08/18/2014 04:32 PM] |
| Filing 50 Filed order (Appellate Commissioner): The merits panel granted appellants motion for fees and costs for work performed on appeal. The panel directed that the fees should be reduced to reflect the degree of success on appeal, and referred the matter to the Appellate Commissioner for a report and recommendation of the amount of fees. The parties are informed that the courts mediation program is available to assist in resolution of the fee dispute. Within 21 days after the date of this order, the parties shall confer and submit a statement to the court describing whether the parties are amenable to referring the fee matter to the courts mediation unit for possible settlement. (Appellate Commissioner) [9184059] [12-55715, 12-56796] (DL) [Entered: 07/28/2014 03:24 PM] |
| Filing 49 Filed order (HARRY PREGERSON, MARSHA S. BERZON and MORGAN B. CHRISTEN): Plaintiff-Appellant has moved for attorneys fees and costs. To the extent Plaintiff-Appellant requests fees and costs for work done in the district court, the motion is DENIED. Regarding appellate fees and costs, the motion is GRANTED. The amount Plaintiff-Appellant requests shall be reduced to reflect the degree of success on appeal, particularly with regard to the fees issue that was appealed. We refer the determination of an appropriate and reasonable award to the courts special master, Appellate Commissioner Peter L. Shaw, who shall conduct whatever proceedings he deems necessary and make a recommendation to the panel. See Ninth Cir. R. 39-1.9. IT IS SO ORDERED. [9167128] (AF) [Entered: 07/14/2014 10:36 AM] |
| Filing 48 Filed (ECF) Appellant S. L. in 12-55715 reply to response (). Date of service: 05/05/2014. [9083971] [12-55715, 12-56796] (Whiteleather, Tania) [Entered: 05/05/2014 06:52 PM] |
| Filing 47 Filed (ECF) Appellees Upland Unified School District and West End Selpa in 12-55715, 12-56796 response opposing motion (,motion for attorney fees). Date of service: 05/01/2014. [9079302] [12-55715, 12-56796] (Klatchko, Kira) [Entered: 05/01/2014 10:39 AM] |
| Filing 46 Filed (ECF) Errata to Supplemental brief ([ # 42 ] Motion (ECF Filing) ,[ # 42 ] Motion (ECF Filing) motion for attorney fees). Filed by Appellant S. L. in 12-55715, Appellant S. L. in 12-56796. Date of service: 04/25/2014. [9073164] [12-55715, 12-56796] (Whiteleather, Tania) [Entered: 04/25/2014 03:14 PM] |
| Filing 45 MANDATE ISSUED.(HP, MSB and MBC) [9072174] [12-55715, 12-56796] (EL) [Entered: 04/25/2014 09:25 AM] |
| Filing 44 Filed clerk order (Deputy Clerk: RR): Denying Bill of Costs (ECF Filing) filed by Appellant S. L. Each party shall bear its own costs on appeal. [9061389] [12-55715, 12-56796] (RR) [Entered: 04/16/2014 06:37 PM] |
| Filing 43 Filed (ECF) Appellant S. L. in 12-55715 bill of costs (Form 10) in the amount of $ 2,225.31 USD. Date of service: 04/16/2014 [9061384] [12-55715, 12-56796] (Whiteleather, Tania) [Entered: 04/16/2014 06:28 PM] |
| Filing 42 Filed (ECF) Appellant S. L. in 12-55715, Appellant S. L. in 12-56796 Corrected Motion for attorney fees in the amount of $ 66,344.97. Date of service: 04/16/2014. [9061379] [12-55715, 12-56796] (Whiteleather, Tania) [Entered: 04/16/2014 06:18 PM] |
| Filing 41 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 42 ]. Original Text: Filed (ECF) Appellant S. L. in 12-55715, Appellant S. L. in 12-56796 Motion for attorney fees in the amount of $ 66,344.97. Date of service: 04/16/2014. [9061359] [12-55715, 12-56796] (Whiteleather, Tania) [Entered: 04/16/2014 05:33 PM] |
| Filing 40 FILED OPINION (HARRY PREGERSON, MARSHA S. BERZON and MORGAN B. CHRISTEN) Appeal No. 12-55715 is AFFIRMED IN PART and REVERSED IN PART. Appeal No. 12-56796 is DISMISSED. Each party shall bear its costs on appeal. Judge: MBC Authoring. FILED AND ENTERED JUDGMENT. [9040560] [12-55715, 12-56796] (RMM) [Entered: 04/02/2014 07:33 AM] |
| Filing 39 ARGUED AND SUBMITTED TO HARRY PREGERSON, MARSHA S. BERZON and MORGAN B. CHRISTEN. [8890872] [12-55715, 12-56796] (BG) [Entered: 12/05/2013 03:03 PM] |
| Filing 38 Filed clerk order (Deputy Clerk: AF): Appellees motion for judicial notice in Case No. 12-55715 is GRANTED. Appellees request for judicial notice in Case No. 12-56796 is DENIED. [8855700] [12-55715, 12-56796] (AF) [Entered: 11/07/2013 04:09 PM] |
| Filing 37 Filed (ECF) Acknowledgment of hearing notice. Location: Pasadena. Filed by Attorney Ms. Tania L. Whiteleather for Appellant S. L.. [8837457]--[COURT UPDATE: Spread docket text to 12-56796. Resent NDA. 10/25/2013 by RY] (Whiteleather, Tania) [Entered: 10/25/2013 01:57 PM] |
| Filing 36 Filed clerk order (Deputy Clerk: AF): Appellants unopposed motion to change calendar position is granted. [8806358] [12-55715, 12-56796] (AF) [Entered: 10/02/2013 11:27 AM] |
| Filing 35 Filed (ECF) Appellant S. L. in 12-55715, Appellant S. L. in 12-56796 Motion to reschedule oral argument. Date of service: 09/27/2013. [8800468] [12-55715, 12-56796]--[COURT UPDATE: replaced with searchable version. 09/27/2013 by SS] (Whiteleather, Tania) [Entered: 09/27/2013 02:54 PM] |
| Filing 34 Filed (ECF) Acknowledgment of hearing notice. Location: Pasadena. Filed by Attorney Ms. Kira L. Klatchko for Appellee Upland Unified School District in 12-55715. [8798066] [12-55715, 12-56796] (Klatchko, Kira) [Entered: 09/26/2013 11:39 AM] |
| Filing 33 Notice of Oral Argument on DECEMBER Calendar. Please return ACKNOWLEDGMENT OF HEARING NOTICE form to: PASADENA Office. Please open attached documents to view details about your case. [8795456] [12-55715, 12-56796] (LN) [Entered: 09/24/2013 04:35 PM] |
| Filing 32 Submitted (ECF) excerpts of record. Submitted by Appellant S. L.. Date of service: 10/24/2012. [8776279] (Whiteleather, Tania) [Entered: 09/10/2013 01:21 PM] |
| Filing 31 Notice requesting electronic excerpts in 14 days. [8761711] (SOS) [Entered: 08/29/2013 11:14 AM] |
| Filing 30 Filed clerk order (Deputy Clerk: GSS): The appellees motion to consolidate Nos. 12-55715 and 12-56796 is granted. [8738761] [12-55715, 12-56796] (AF) [Entered: 08/12/2013 09:11 AM] |
| Filing 29 Filed (ECF) Appellees Upland Unified School District and West End Selpa Motion to consolidate cases 12-55715 and 12-56796. Date of service: 07/15/2013. [8704459] (Klatchko, Kira) [Entered: 07/15/2013 03:23 PM] |
| Filing 28 Received 7 paper copies of Reply brief [ # 26 ] filed by S. L.. [8514641] (SD) [Entered: 02/14/2013 01:38 PM] |
| Filing 27 Filed clerk order: The reply brief [ # 26 ] submitted by S. L. is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: gray. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [8499916] (WWP) [Entered: 02/05/2013 09:48 AM] |
| Filing 26 Submitted (ECF) Reply Brief for review. Submitted by Appellant S. L.. Date of service: 02/04/2013. [8499608] (Whiteleather, Tania) [Entered: 02/04/2013 08:08 PM] |
| Filing 25 Received 7 paper copies of Answering brief [ # 22 ] filed by Upland Unified School District. [8488909] (SD) [Entered: 01/25/2013 02:42 PM] |
| Filing 24 Filed clerk order: The answering brief [ # 22 ] submitted by Upland Unified School District is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: red. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [8485137] (WWP) [Entered: 01/23/2013 03:34 PM] |
| Filing 23 Filed (ECF) Appellees Upland Unified School District and West End Selpa Motion to take judicial notice of Document from District Court file. Date of service: 01/22/2013. [8483040] (Klatchko, Kira) [Entered: 01/22/2013 04:18 PM] |
| Filing 22 Submitted (ECF) Answering Brief for review. Submitted by Appellees Upland Unified School District and West End Selpa. Date of service: 01/22/2013. [8483019] (Klatchko, Kira) [Entered: 01/22/2013 04:14 PM] |
| Filing 21 Filed clerk order (Deputy Clerk: cag): Granting Motion (ECF Filing) motion to extend time to file brief filed by Appellees West End Selpa and Upland Unified School District Appellees Upland Unified School District and West End Selpa answering brief due 01/22/2013. The optional reply brief is due 14 days after service of the answering brief. [8440524] (CG) [Entered: 12/14/2012 03:45 PM] |
| Filing 20 Filed (ECF) Appellees Upland Unified School District and West End Selpa Motion to extend time to file Answering brief until 01/22/2013 at 11:59 pm. Date of service: 12/14/2012. [8440327] (Klatchko, Kira) [Entered: 12/14/2012 03:13 PM] |
| Filing 19 Filed clerk order (Deputy Clerk: cag): ; Granting Motion (ECF Filing) motion to extend time to file brief filed by Appellees West End Selpa and Upland Unified School District Appellees Upland Unified School District and West End Selpa answering brief due 12/21/2012. The optional reply brief is due 14 days after service of the answering brief. [8399294] (CG) [Entered: 11/13/2012 02:30 PM] |
| Filing 18 Filed (ECF) Appellees Upland Unified School District and West End Selpa Unopposed Motion to extend time to file Answering brief until 12/21/2012 at 11:59 pm. Date of service: 11/13/2012. [8398066] (Klatchko, Kira) [Entered: 11/13/2012 10:00 AM] |
| Filing 17 Added attorney Kira L. Klatchko for Upland Unified School District, in case 12-55715. [8397909] (CW) [Entered: 11/13/2012 09:40 AM] |
| Filing 16 Filed (ECF) notice of appearance of Kira L. Klatchko for Appellees Upland Unified School District and West End Selpa. Date of service: 11/12/2012. [8397532] (Klatchko, Kira) [Entered: 11/12/2012 04:37 PM] |
| Filing 15 Received 7 paper copies of Opening brief [ # 12 ] filed by S. L.. [8381470] (SD) [Entered: 10/30/2012 01:18 PM] |
| Filing 14 Filed Appellant S. L. excerpts of record in 9 volumes. Served on 10/22/2012. [8375354] (WWP) [Entered: 10/24/2012 03:21 PM] |
| Filing 13 Filed clerk order: The opening brief [ # 12 ] submitted by S. L. is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: blue. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [8372622] (WWP) [Entered: 10/23/2012 10:11 AM] |
| Filing 12 Submitted (ECF) Opening brief for review. Submitted by Appellant S. L.. Date of service: 10/22/2012. [8371850] (Whiteleather, Tania) [Entered: 10/22/2012 03:50 PM] |
| Filing 11 Filed order (Appellate Commissioner): The appellants late-filed motion for an extension of time in which to file the opening brief is granted. The opening brief is due October 22, 2012; the answering brief is due November 21, 2012; and the optional reply brief is due within 14 days after service of the answering brief. Counsel is reminded that a motion for an extension of time to file a brief should include the position of opposing counsel. 9th Cir. R. 31-2.2(b)(6). (Pro Mo) [8367672] (MS) [Entered: 10/18/2012 03:38 PM] |
| Filing 10 Filed (ECF) Appellant S. L. Motion to extend time to file Opening brief until 10/22/2012 at 05:00 pm. Date of service: 10/15/2012. [8359776] (Whiteleather, Tania) [Entered: 10/15/2012 09:47 AM] |
| Filing 9 Filed (ECF) Appellant S. L. Correspondence: Letter to School District Counsel advising of approved extension and new filing dates. Date of service: 09/28/2012 [8341974] (Whiteleather, Tania) [Entered: 09/28/2012 04:52 PM] |
| Filing 8 14 day oral extension by phone of time to file Appellant S. L. brief. Appellant S. L. opening brief due 10/15/2012. Appellees Upland Unified School District and West End Selpa answering brief due 11/14/2012. The optional reply brief is due 14 days after service of the appellee brief. [8341843] (JN) [Entered: 09/28/2012 04:08 PM] |
| Filing 7 Filed order MEDIATION (SL): The court has determined that this appeal will not be selected for inclusion in the Mediation Program. Counsel are requested to contact the undersigned by phone (415-355-7915) or email (stephen_liacouras@ca9.uscourts.gov) should circumstances develop that warrant further settlement discussions while the appeal is pending. [8318024] (AF) [Entered: 09/11/2012 09:35 AM] |
| Filing 6 Filed order MEDIATION (SL): The court will initiate a further assessment conference with counsel for appellees only by telephone on July 17, 2012, at 3:00 p.m. PACIFIC (San Francisco) Time. [8240089] (AF) [Entered: 07/06/2012 01:31 PM] |
| Filing 5 Filed order MEDIATION (SL): The further assessment conference originally scheduled for July 2, 2012, is rescheduled to July 3, 2012, at 3:00 p.m. PACIFIC (San Francisco) Time. [8202343] (AF) [Entered: 06/05/2012 11:27 AM] |
| Filing 4 Filed order MEDIATION (SL): schedule a further pre-briefing telephone conference on 07/02/2012 at 02:00 pm (Pacific Standard Time) [8193149] (KKW) [Entered: 05/29/2012 09:00 AM] |
| Filing 3 Filed order MEDIATION (VLS): The Mediation Program of the Ninth Circuit Court of Appeals facilitates settlement while appeals are pending. See Fed. R. App. P. 33 and Ninth Cir. R. 33-1. The court has scheduled a telephone settlement assessment conference, with counsel only, on May 24, 2012, at 2:00 p.m. PACIFIC (San Francisco) Time to discuss whether this case is appropriate for participation in the Mediation Program. The Circuit Mediator will initiate the conference call by contacting each person on the attached list of participants at the telephone number listed. Please be available for the call at least five minutes before the scheduled time. [8150670] (AF) [Entered: 04/24/2012 09:53 AM] |
| Filing 2 Filed (ECF) Appellant S. L. Mediation Questionnaire. Date of service: 04/20/2012. [8148475] (Whiteleather, Tania) [Entered: 04/20/2012 03:56 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 04/27/2012. Transcript ordered by 05/21/2012. Transcript due 08/20/2012. Appellant S. L. opening brief due 10/01/2012. Appellees Upland Unified School District and West End Selpa answering brief due 10/31/2012. Appellant's optional reply brief is due 14 days after service of the answering brief. [8147139] (JN) [Entered: 04/20/2012 08:54 AM] |
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