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 |
| 12-56796 |
| October 3, 2012 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 51 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 50 Filed Report and Recommendation by Appellate Commissioner. [9528435] [12-55715, 12-56796] (DL) [Entered: 05/07/2015 09:39 AM] |
| Filing 49 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 48 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 47 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 46 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 45 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 44 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 43 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 42 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 41 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 40 Filed (ECF) Errata to Supplemental brief ([ # 36 ] Motion (ECF Filing) ,[ # 36 ] 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 39 MANDATE ISSUED.(HP, MSB and MBC) [9072174] [12-55715, 12-56796] (EL) [Entered: 04/25/2014 09:25 AM] |
| Filing 38 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 37 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 36 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 35 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 36 ]. 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 34 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 33 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 32 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 31 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 30 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 29 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 28 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 27 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 26 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 25 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. [8704469] (Klatchko, Kira) [Entered: 07/15/2013 03:26 PM] |
| Filing 24 Received 7 paper copies of Reply brief [ # 22 ] filed by S. L.. [8691554] (SD) [Entered: 07/03/2013 03:55 PM] |
| Filing 23 Filed clerk order: The reply brief [ # 22 ] 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. [8680415] (RH) [Entered: 06/25/2013 09:40 AM] |
| Filing 22 Submitted (ECF) Reply Brief for review. Submitted by Appellant S. L.. Date of service: 06/24/2013. [8679949] (Whiteleather, Tania) [Entered: 06/24/2013 04:45 PM] |
| Filing 21 Received 7 paper copies of Answering brief [ # 18 ] filed by Upland Unified School District and West End Selpa. [8667415] (SD) [Entered: 06/13/2013 04:56 PM] |
| Filing 20 Filed clerk order: The answering brief [ # 18 ] submitted by Upland Unified School District and West End Selpa 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. [8662537] (RH) [Entered: 06/11/2013 09:18 AM] |
| Filing 19 Filed (ECF) Appellees Upland Unified School District and West End Selpa Motion to take judicial notice of Pleadings in Circuit Case 12-55714. Date of service: 06/10/2013. [8662184] (Klatchko, Kira) [Entered: 06/10/2013 05:00 PM] |
| Filing 18 Submitted (ECF) Answering Brief for review. Submitted by Appellees Upland Unified School District and West End Selpa. Date of service: 06/10/2013. [8662183] (Klatchko, Kira) [Entered: 06/10/2013 04:57 PM] |
| Filing 17 Filed clerk order (Deputy Clerk: LBS): Appellees unopposed motion for an extension of time to file the answering brief is granted. The answering brief is due June 10, 2013. The optional reply brief is due within 14 days after service of the answering brief. [8616422] (KKW) [Entered: 05/06/2013 08:57 AM] |
| Filing 16 Filed (ECF) Appellees Upland Unified School District and West End Selpa Unopposed Motion to extend time to file Answering brief until 06/10/2013 at 11:59 pm. Date of service: 05/02/2013. [8613985] (Klatchko, Kira) [Entered: 05/02/2013 03:09 PM] |
| Filing 15 Filed Appellant S. L. paper copies of excerpts of record [ # 12 ] in 1 volume(s). [8598672] (RH) [Entered: 04/22/2013 02:02 PM] |
| Filing 14 Received 7 paper copies of Opening brief [ # 12 ] filed by S. L.. [8598449] (SD) [Entered: 04/22/2013 01:02 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. The Court has reviewed the excerpts of record [ # 12 ] submitted by S. L.. Within 7 days of this order, filer is ordered to file 4 copies of the excerpts in paper format, with a white cover. The paper copies must be in the format described in 9th Circuit Rule 30-1.6. [8586049] (RH) [Entered: 04/11/2013 10:07 AM] |
| Filing 12 Submitted (ECF) Opening Brief and excerpts of record for review. Submitted by Appellant S. L.. Date of service: 04/10/2013. [8585610] (Whiteleather, Tania) [Entered: 04/10/2013 05:28 PM] |
| Filing 11 Added attorney Kira L. Klatchko for Upland Unified School District West End Selpa, in case 12-56796. [8568136] (Turcios, Margoth) [Entered: 03/28/2013 01:35 PM] |
| Filing 10 Filed (ECF) notice of appearance of Kira L. Klatchko for Appellees Upland Unified School District and West End Selpa. Date of service: 03/28/2013. [8567836] (Klatchko, Kira) [Entered: 03/28/2013 11:28 AM] |
| Filing 9 Filed clerk order (Deputy Clerk: LBS): Appellants late unopposed motion for an extension of time to file the opening brief is granted. The opening brief is due April 10, 2013; the answering brief is due May 10, 2013; and the optional reply brief is due within 14 days after service of the answering brief. [8567578] (LBS) [Entered: 03/28/2013 10:21 AM] |
| Filing 8 Deleted Incorrect Entry (LBS) [Entered: 03/28/2013 09:24 AM] |
| Filing 7 Filed (ECF) Appellant S. L. Unopposed Motion to file a late brief. Date of service: 03/27/2013. [8566177] (Whiteleather, Tania) [Entered: 03/27/2013 12:24 PM] |
| Filing 6 Streamlined request [5] by Appellant S. L. to extend time to file the opening brief is not approved because the request is late. The filer must file a motion per 9th Cir. R. 31-2.2(b). [8564672] (DO) [Entered: 03/26/2013 12:27 PM] |
| Filing 5 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellant S. L.. New requested due date is 04/10/2013. [8563819] (Whiteleather, Tania) [Entered: 03/25/2013 04:51 PM] |
| Filing 4 Filed order MEDIATION (VLS): Case not selected for mediation program. Counsel interested in obtaining settlement assistance or program information should contact the Mediation Office. [8461614] (KKW) [Entered: 01/04/2013 11:58 AM] |
| Filing 3 Filed (ECF) Appellant S. L. Mediation Questionnaire. Date of service: 10/31/2012. [8383623] (Whiteleather, Tania) [Entered: 10/31/2012 05:00 PM] |
| Filing 2 Filed order MEDIATION (EPM): The Court of Appeals records do not indicate that appellant has filed a Mediation Questionnaire in accordance with Circuit Rule 3-4. Within seven (7) days of the filing of this order, appellant shall: (a) file a Mediation Questionnaire (available on the court's website, www.ca9.uscourts.gov); (b) dismiss the appeal voluntarily pursuant to Fed. R. App. P. 42(b); or (c) show cause in writing why this appeal should not be dismissed pursuant to Ninth Cir. R. 42-1. Failure to comply with this order will result in dismissal pursuant to Ninth Cir. R. 42-1. . [8379933] (KKW) [Entered: 10/29/2012 02:38 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 10/10/2012. Transcript ordered by 11/01/2012. Transcript due 01/30/2013. Appellant S. L. opening brief due 03/11/2013. Appellees Upland Unified School District and West End Selpa answering brief due 04/10/2013. Appellant's optional reply brief is due 14 days after service of the answering brief. [8346309] (BG) [Entered: 10/03/2012 10:26 AM] |
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