Danielle Martinez, et al v. Gavin Newsom, et al
| CALIFORNIA SCHOOL FOR THE DEAF, Fremont and Riverside, IRVINE UNIFIED SCHOOL DISTRICT, CALIFORNIA DEPARTMENT OF PUBLIC HEALTH, CALIFORNIA STATE BOARD OF EDUCATION, SANTA ANA UNIFIED SCHOOL DISTRICT, CUPERTINO UNION SCHOOL DISTRICT, MORENO VALLEY UNIFIED SCHOOL DISTRICT, FREMONT UNIFIED SCHOOL DISTRICT, MT. DIABLO UNIFIED SCHOOL DISTRICT, GARDEN GROVE UNIFIED SCHOOL DISTRICT, GAVIN NEWSOM, Governor, HAYWARD UNIFIED SCHOOL DISTRICT, SBE LATITUDE 37.8 HIGH SCHOOL, CORONA-NORCO UNIFIED SCHOOL DISTRICT, SAN JOSE UNIFIED SCHOOL DISTRICT, CAPISTRANO UNIFIED SCHOOL DISTRICT, CHAFFEY JOINT UNION HIGH SCHOOL DISTRICT, SBC - HIGH TECH HIGH SCHOOL DISTRICT, ETIWANDA ELEMENTARY SCHOOL DISTRICT, STATE OF CALIFORNIA, SOUTH PASADENA UNIFIED SCHOOL DISTRICT, WEST CONTRA COSTA UNIFIED SCHOOL DISTRICT, SAN JUAN UNIFIED SCHOOL DISTRICT, TONY THURMOND, State Superintendent of Public Education, LOS ANGELES UNIFIED SCHOOL DISTRICT, LONG BEACH UNIFIED SCHOOL DISTRICT, CALIFORNIA DEPARTMENT OF EDUCATION, SAN FRANCISCO UNIFIED SCHOOL DISTRICT, SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT, MILPITAS UNIFIED SCHOOL DISTRICT, RIVERSIDE UNIFIED SCHOOL DISTRICT, SANDRA SHEWRY, State Public Health Officer and Department of Public Health Director, SAN RAMON VALLEY UNIFIED SCHOOL DISTRICT, CALIFORNIA SCHOOL FOR THE BLIND DIAGNOSTIC CENTER, Northern California, Central California Southern California, OAKLAND UNIFIED SCHOOL DISTRICT and CALIFORNIA HEALTH AND HUMAN SERVICES |
| T. W., a minor by his Guardian ad Litem Dahl Johnson, P. C., a minor by her Guardian ad Litem Raven Campbell, AMBER WOOD, K. P., a minor, by his Guardian ad Litem Brittany Williams, DANIELLE HOWARD MARTINEZ, D. P., a minor, by his Guardian ad Litem Erica Wedlow and LASHONDA HUBBARD |
| 20-56404 |
| December 28, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Opinions
We have the following opinions for this case:
| Description |
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 DANIELLE MARTINEZ V. GAVIN NEWSOM
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Docket Report
RSS Track this Docket
This docket was last retrieved on December 7, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 81 Filed Audio recording of oral argument. Note: Video recordings of public argument calendars are available on the Court's website, at # http://www.ca9.uscourts.gov/media/ [12307780] (DLM) [Entered: 12/07/2021 07:41 AM] |
| Filing 80 ARGUED AND SUBMITTED TO MILAN D. SMITH, JR., KENNETH K. LEE and DANIELLE J. FORREST. [12306399] (DLM) [Entered: 12/06/2021 10:54 AM] |
| Filing 79 Attorney Fazil A. Munir substituted by Attorney Sheila Bayne. [12306215] (RL) [Entered: 12/06/2021 09:50 AM] |
| Filing 78 Filed (ECF) notice of appearance of Sheila C. Bayne (Law Offices of Sheila Bayne 4000 MacArthur Blvd. Suite 600 Newport Beach, CA 92660) for Appellants Amber Wood, T. W., K. P., D. P., P. C., LaShonda Hubbard and Danielle Howard Martinez. Substitution for Attorney Fazil A. Munir for Appellants P. C., LaShonda Hubbard, Danielle Howard Martinez, D. P., K. P., T. W. and Amber Wood. Date of service: 12/03/2021. (Party was previously proceeding with counsel.) [12305223] [20-56404] (Bayne, Sheila) [Entered: 12/03/2021 02:08 PM] |
| Filing 77 Terminated Deborah S. Reisdorph for Amber Wood, T. W., K. P., D. P., Danielle Howard Martinez, LaShonda Hubbard and P. C. in 20-56404 [12303395] (DJV) [Entered: 12/02/2021 08:08 AM] |
| Filing 76 Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Deborah S. Reisdorph for Appellants P. C., LaShonda Hubbard, Danielle Howard Martinez, D. P., K. P., T. W. and Amber Wood. Party proceeding without counsel: No. Date of service: 12/02/2021. [12303390] [20-56404] (Reisdorph, Deborah) [Entered: 12/02/2021 08:04 AM] |
| Filing 75 Filed order (MILAN D. SMITH, JR., KENNETH K. LEE and DANIELLE J. FORREST): At oral argument on December 6, 2021, the parties should be prepared to discuss the courts jurisdiction over Plaintiffs claims against the schools they do not attend and the school districts in which they are not enrolled. In addition, the parties should be prepared to discuss whether any aspect of Plaintiffs claims is moot. [12302841] (AF) [Entered: 12/01/2021 02:33 PM] |
| Filing 74 Added Attorney Domenic D. Spinelli for Appellees San Juan Unified School District and Hayward Unified School District, in case 20-56404. [12287973] (HH) [Entered: 11/15/2021 04:39 PM] |
| Filing 73 Filed (ECF) notice of appearance of Domenic D. Spinelli (Spinelli, Donald & Nott, 601 University Ave., Ste. 225, Sacramento, CA 95825) for Appellees Hayward Unified School District and San Juan Unified School District. Date of service: 11/15/2021. (Party was previously proceeding with counsel.) [12287962] [20-56404] (Spinelli, Domenic) [Entered: 11/15/2021 04:34 PM] |
| Filing 72 Filed (ECF) Acknowledgment of hearing notice by Attorney Ms. Erika Nyborg-Burch for Appellants P. C., LaShonda Hubbard, Danielle Howard Martinez, D. P., K. P., T. W. and Amber Wood. Hearing in Pasadena on 12/06/2021 at 09:00 A.M. (Courtroom: Courtroom 2). Filer sharing argument time: Yes. (Argument minutes: 7) Appearance in person or by video: I wish to appear by video. Special accommodations: NO. Filer admission status: I certify that I am generally qualified for admission to practice before the bar of the Ninth Circuit and that I will immediately apply for admission. Date of service: 11/15/2021. [12287874] [20-56404] (Nyborg-Burch, Erika) [Entered: 11/15/2021 04:01 PM] |
| Filing 71 Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Maxwell V. Pritt for Appellants P. C., LaShonda Hubbard, Danielle Howard Martinez, D. P., K. P., T. W. and Amber Wood. Hearing in Pasadena on 12/06/2021 at 09:00 A.M. (Courtroom: Courtroom 2). Filer sharing argument time: Yes. (Argument minutes: 8) Appearance in person or by video: I wish to appear by video. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 11/15/2021. [12287865] [20-56404] (Pritt, Maxwell) [Entered: 11/15/2021 03:58 PM] |
| Filing 70 Added Attorney(s) Erika Nyborg-Burch for party(s) Appellant T. W. Appellant Amber Wood Appellant LaShonda Hubbard Appellant P. C. Appellant D. P. Appellant Danielle Howard Martinez Appellant K. P., in case 20-56404. [12287611] (JFF) [Entered: 11/15/2021 02:53 PM] |
| Filing 69 Added Attorney(s) Maxwell V. Pritt for party(s) Appellant T. W. Appellant Amber Wood Appellant LaShonda Hubbard Appellant P. C. Appellant D. P. Appellant Danielle Howard Martinez Appellant K. P., in case 20-56404. [12287604] (JFF) [Entered: 11/15/2021 02:50 PM] |
| Filing 68 Filed (ECF) notice of appearance of Erika Nyborg-Burch (Boies Schiller Flexner LLP, 44 Montgomery Street, 41st Floor, San Francisco, CA 94104) for Appellants P. C., LaShonda Hubbard, Danielle Howard Martinez, D. P., K. P., T. W. and Amber Wood. Date of service: 11/15/2021. (Party was previously proceeding with counsel.) [12287592] [20-56404] (Nyborg-Burch, Erika) [Entered: 11/15/2021 02:47 PM] |
| Filing 67 Filed (ECF) notice of appearance of Maxwell V. Pritt (Boies Schiller Flexner LLP, 44 Montgomery Street, 41st Floor, San Francisco, CA 94104) for Appellants P. C., LaShonda Hubbard, Danielle Howard Martinez, D. P., K. P., T. W. and Amber Wood. Date of service: 11/15/2021. (Party was previously proceeding with counsel.) [12287527] [20-56404] (Pritt, Maxwell) [Entered: 11/15/2021 02:29 PM] |
| Filing 66 Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Marlon Craig Wadlington, Esquire for Appellees Capistrano Unified School District, Chaffey Joint Union High School District, Long Beach Unified School District, Milpitas Unified School District, Riverside Unified School District, Santa Ana Unified School District and South Pasadena Unified School District. Hearing in Pasadena on 12/06/2021 at 09:00 A.M. (Courtroom: 2). Filer sharing argument time: No. Appearance in person or by video: I wish to appear by video. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 11/05/2021. [12279796] [20-56404] (Wadlington, Marlon) [Entered: 11/05/2021 01:38 PM] |
| Filing 65 Filed (ECF) Acknowledgment of hearing notice by Attorney S. Daniel Harbottle, Esquire for Appellees Corona-Norco Unified School District, Garden Grove Unified School District, Irvine Unified School District and Moreno Valley Unified School District. Hearing in Pasadena on 12/06/2021 at 09:00 A.M. (Courtroom: Courtroom 2). Filer sharing argument time: No. Appearance in person or by video: I wish to appear by video. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 11/04/2021. [12279057] [20-56404] (Harbottle, S.) [Entered: 11/04/2021 05:02 PM] |
| Filing 64 Filed (ECF) Acknowledgment of hearing notice by Attorney Leonard Bruce Garfinkel, Esquire for Appellees California Department of Education, California School for the Blind Diagnostic Center, California School for the Deaf and Tony Thurmond. Hearing in Pasadena on 12/06/2021 at 09:00 A.M. (Courtroom: Courtroom 2). Filer sharing argument time: Yes. (Argument minutes: 5.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 09/29/2021. [12242219] [20-56404] (Garfinkel, Leonard) [Entered: 09/29/2021 08:55 AM] |
| Filing 63 Filed (ECF) Acknowledgment of hearing notice by Attorney Leonard Bruce Garfinkel, Esquire for Appellees California Department of Education, California School for the Blind Diagnostic Center, California School for the Deaf and Tony Thurmond. Hearing in Pasadena on 12/06/2021 at 09:00 A.M. (Courtroom: Courtroom 2). Filer sharing argument time: No. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 09/29/2021. [12242187] [20-56404] (Garfinkel, Leonard) [Entered: 09/29/2021 08:25 AM] |
| Filing 62 Notice of Oral Argument on Monday, December 6, 2021 - 09:00 A.M. - Courtroom 2 - Scheduled Location: Pasadena CA. The hearing time is the local time zone at the scheduled hearing location. View the Oral Argument Calendar for your case # here . NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, you may have the option to appear in person at the Courthouse or remotely by video. Check # here for updates on the status of reopening as the hearing date approaches. At this time, even when in person hearings resume, an election to appear remotely by video will not require a motion. The court expects and supports the fact that some attorneys and some judges will continue to appear remotely. If the panel determines that it will hold oral argument in your case, the Clerk's Office will contact you directly at least two weeks before the set argument date to review any requirements for in person appearance or to make any necessary arrangements for remote appearance. Please note however that if you do elect to appear remotely, the court strongly prefers video over telephone appearance. Therefore, if you wish to appear remotely by telephone you will need to file a motion requesting permission to do so. Be sure to review the # GUIDELINES for important information about your hearing, including when to be available (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible). If you are the specific attorney or self-represented party who will be arguing, use the # ACKNOWLEDGMENT OF HEARING NOTICE filing type in CM/ECF no later than 21 days before Monday, December 6, 2021. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12239030]. [20-56404] (KS) [Entered: 09/26/2021 06:09 AM] |
| Filing 61 Filed (ECF) Appellees Capistrano Unified School District, Chaffey Joint Union High School District, Long Beach Unified School District, Milpitas Unified School District, Riverside Unified School District, Santa Ana Unified School District and South Pasadena Unified School District Motion to take judicial notice of Opinion Re Case No. 20-15386. Date of service: 08/23/2021. [12209022] [20-56404] (Wadlington, Marlon) [Entered: 08/23/2021 03:01 PM] |
| Filing 60 Filed (ECF) Attorney Mr. Marlon Craig Wadlington, Esquire for Appellees Capistrano Unified School District, Chaffey Joint Union High School District, Long Beach Unified School District, Milpitas Unified School District, Riverside Unified School District, Santa Ana Unified School District and South Pasadena Unified School District response to notice for case being considered for oral argument. Date of service: 08/13/2021. [12201495] [20-56404] (Wadlington, Marlon) [Entered: 08/13/2021 03:56 PM] |
| Filing 59 Filed (ECF) Attorney Leonard Bruce Garfinkel, Esquire for Appellees California Department of Education, California School for the Blind Diagnostic Center, California School for the Deaf and Tony Thurmond response to notice for case being considered for oral argument. Date of service: 08/12/2021. [12199800] [20-56404] (Garfinkel, Leonard) [Entered: 08/12/2021 01:17 PM] |
| Filing 58 Filed (ECF) Attorney Ms. Sydney J. Blaauw for Appellees Corona-Norco Unified School District, Garden Grove Unified School District, Irvine Unified School District and Moreno Valley Unified School District response to notice for case being considered for oral argument. Date of service: 08/12/2021. [12199646] [20-56404] (Blaauw, Sydney) [Entered: 08/12/2021 11:30 AM] |
| Filing 57 This case is being considered for an upcoming oral argument calendar in Pasadena Please review the Pasadena sitting dates for December 2021 and the 2 subsequent sitting months in that location at # http://www.ca9.uscourts.gov/court_sessions . If you have an unavoidable conflict on any of the dates, please file # Form 32 within 3 business days of this notice using the CM/ECF filing type Response to Case Being Considered for Oral Argument . Please follow the form's # instructions carefully. When setting your argument date, the court will try to work around unavoidable conflicts; the court is not able to accommodate mere scheduling preferences. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date. If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a letter within 3 business days of this notice , using CM/ECF ( Type of Document : Correspondence to Court; Subject : request for mediation).[12199072]. [20-56404] (KS) [Entered: 08/11/2021 04:31 PM] |
| Filing 56 Terminated Andrew Price for Amber Wood, T. W., K. P., D. P., Danielle Howard Martinez, LaShonda Hubbard and P. C. in 20-56404 [12177335] (DJV) [Entered: 07/20/2021 09:03 AM] |
| Filing 55 Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Mr. Andrew Price for Appellants P. C., LaShonda Hubbard, Danielle Howard Martinez, D. P., K. P., T. W. and Amber Wood. Party proceeding without counsel: No. Date of service: 07/20/2021. [12177296] [20-56404] (Price, Andrew) [Entered: 07/20/2021 08:50 AM] |
| Filing 54 Filed (ECF) Attorney Mr. Marlon Craig Wadlington, Esquire for Appellees Capistrano Unified School District, Chaffey Joint Union High School District, Long Beach Unified School District, Milpitas Unified School District, Riverside Unified School District, Santa Ana Unified School District and South Pasadena Unified School District response to notice for case being considered for oral argument. Date of service: 07/14/2021. [12172678] [20-56404] (Wadlington, Marlon) [Entered: 07/14/2021 03:01 PM] |
| Filing 53 Filed (ECF) Attorney Ms. Sydney J. Blaauw for Appellees Corona-Norco Unified School District, Garden Grove Unified School District, Irvine Unified School District and Moreno Valley Unified School District response to notice for case being considered for oral argument. Date of service: 07/13/2021. [12171618] [20-56404] (Blaauw, Sydney) [Entered: 07/13/2021 04:06 PM] |
| Filing 52 Filed (ECF) Attorney Leonard Bruce Garfinkel, Esquire for Appellees California Department of Education, California School for the Blind Diagnostic Center, California School for the Deaf and Tony Thurmond response to notice for case being considered for oral argument. Date of service: 07/12/2021. [12170118] [20-56404] (Garfinkel, Leonard) [Entered: 07/12/2021 03:19 PM] |
| Filing 51 This case is being considered for an upcoming oral argument calendar in Pasadena Please review the Pasadena sitting dates for November 2021 and the 2 subsequent sitting months in that location at # http://www.ca9.uscourts.gov/court_sessions . If you have an unavoidable conflict on any of the dates, please file # Form 32 within 3 business days of this notice using the CM/ECF filing type Response to Case Being Considered for Oral Argument . Please follow the form's # instructions carefully. When setting your argument date, the court will try to work around unavoidable conflicts; the court is not able to accommodate mere scheduling preferences. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date. If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a letter within 3 business days of this notice , using CM/ECF ( Type of Document : Correspondence to Court; Subject : request for mediation).[12168093]. [20-56404] (KS) [Entered: 07/09/2021 11:51 AM] |
| Filing 50 Received 6 paper copies of Reply Brief [ # 48 ] filed by Appellants. [12161702] (SD) [Entered: 07/02/2021 12:29 PM] |
| Filing 49 Filed clerk order: The reply brief [ # 48 ] submitted by appellants is filed. Within 7 days of the filing of this order, filer is ordered to file 6 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 submitted to the principal office of the Clerk. [12155578] (KWG) [Entered: 06/28/2021 08:40 AM] |
| Filing 48 Submitted (ECF) Reply Brief for review. Submitted by Appellants P. C., LaShonda Hubbard, Danielle Howard Martinez, D. P., K. P., T. W. and Amber Wood. Date of service: 06/25/2021. [12155166] [20-56404]--[COURT UPDATE: Attached corrected PDF of the brief. 06/28/2021 by KWG] (Price, Andrew) [Entered: 06/25/2021 04:01 PM] |
| Filing 47 Received 6 paper copies of Answering Brief [ # 37 ] filed by Corona-Norco Unified School District, et al. [12140948] (SD) [Entered: 06/10/2021 03:32 PM] |
| Filing 46 Received 6 paper copies of Answering Brief [ # 39 ] filed by Chaffey Joint Union High School District, et al.. [12140940] (SD) [Entered: 06/10/2021 03:30 PM] |
| Filing 45 Received 3 paper copies of supplemental excerpts of record [ # 40 ] in 1 volume(s) filed by Appellees Chaffey Joint Union High School District, et al. [12140469] (LA) [Entered: 06/10/2021 12:26 PM] |
| Filing 44 Received 6 paper copies of Answering Brief [ # 34 ] filed by California Department of Education, et al. [12139343] (SD) [Entered: 06/09/2021 03:15 PM] |
| Filing 43 Received 3 paper copies of supplemental excerpts of record [ # 35 ] in 1 volume(s) filed by Appellees California Department of Education, et al. [12138661]--[Edited: Updated docket text to reflect correct party filers, link to correct excerpts, and note correct number of volumes. 06/10/2021 by LA] (KWG) [Entered: 06/09/2021 10:44 AM] |
| Filing 42 Filed clerk order: The answering brief [ # 39 ] submitted by Chaffey Joint Union High School District, et al. is filed. Within 7 days of the filing of this order, filer is ordered to file 6 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 supplemental excerpts of record [ # 40 ] submitted by Chaffey Joint Union High School District, et al. are filed. Within 7 days of this order, filer is ordered to file 3 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [12137925] (LA) [Entered: 06/08/2021 03:22 PM] |
| Filing 41 Filed (ECF) Appellees Capistrano Unified School District, Chaffey Joint Union High School District, Long Beach Unified School District, Milpitas Unified School District, Riverside Unified School District, Santa Ana Unified School District and South Pasadena Unified School District Motion to take judicial notice of Exhibits 1 Senate Bill No. 117 Exhibit 2 Senate Bill No. 820. Date of service: 06/07/2021. [12136629] [20-56404] (Wadlington, Marlon) [Entered: 06/07/2021 05:07 PM] |
| Filing 40 Submitted (ECF) supplemental excerpts of record. Submitted by Appellees Capistrano Unified School District, Chaffey Joint Union High School District, Long Beach Unified School District, Milpitas Unified School District, Riverside Unified School District, Santa Ana Unified School District and South Pasadena Unified School District. Date of service: 06/07/2021. [12136608] [20-56404] (Wadlington, Marlon) [Entered: 06/07/2021 04:59 PM] |
| Filing 39 Submitted (ECF) Answering Brief for review. Submitted by Appellees Chaffey Joint Union High School District, Capistrano Unified School District, Long Beach Unified School District, Riverside Unified School District, Santa Ana Unified School District, South Pasadena Unified School District and Milpitas Unified School District. Date of service: 06/07/2021. [12136598] [20-56404] (Wadlington, Marlon) [Entered: 06/07/2021 04:56 PM] |
| Filing 38 Filed clerk order: The answering brief [ # 37 ] submitted by Corona-Norco Unified School District, et al. is filed. Within 7 days of the filing of this order, filer is ordered to file 6 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 submitted to the principal office of the Clerk. [12136445] (LA) [Entered: 06/07/2021 04:00 PM] |
| Filing 37 Submitted (ECF) Answering Brief for review. Submitted by Appellees Corona-Norco Unified School District, Garden Grove Unified School District, Irvine Unified School District and Moreno Valley Unified School District. Date of service: 06/07/2021. [12136049] [20-56404] (Harbottle, S.) [Entered: 06/07/2021 02:04 PM] |
| Filing 36 Filed clerk order: The answering brief [ # 34 ] submitted by California Department of Education, et al. is filed. Within 7 days of the filing of this order, filer is ordered to file 6 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 supplemental excerpts of record [ # 35 ] submitted by California Department of Education, et al. are filed. Within 7 days of this order, filer is ordered to file 3 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [12135934] (LA) [Entered: 06/07/2021 01:30 PM] |
| Filing 35 Submitted (ECF) supplemental excerpts of record. Submitted by Appellees California Department of Education, California School for the Blind Diagnostic Center, California School for the Deaf and Tony Thurmond. Date of service: 06/07/2021. [12135416] [20-56404] (Garfinkel, Leonard) [Entered: 06/07/2021 09:53 AM] |
| Filing 34 Submitted (ECF) Answering Brief for review. Submitted by Appellees California Department of Education, Tony Thurmond, California School for the Deaf and California School for the Blind Diagnostic Center. Date of service: 06/07/2021. [12135386] [20-56404] (Garfinkel, Leonard) [Entered: 06/07/2021 09:43 AM] |
| Filing 33 Streamlined request [32] by Appellees Cupertino Union School District, Fremont Unified School District, MDUSD, Oakland Unified School District, San Ramon Valley Unified School District and West Contra Costa Unified School District to extend time to file the brief is approved FOR ALL APPELLEES. Amended briefing schedule: Appellees California Department of Education, California Department of Public Health, California Health and Human Services, California School for the Blind Diagnostic Center, California School for the Deaf, California State Board of Education, Capistrano Unified School District, Chaffey Joint Union High School District, Corona-Norco Unified School District, Cupertino Union School District, Etiwanda Elementary School District, Fremont Unified School District, Garden Grove Unified School District, Hayward Unified School District, Irvine Unified School District, Long Beach Unified School District, Los Angeles Unified School District, Milpitas Unified School District, Moreno Valley Unified School District, Mt. Diablo Unified School District, Gavin Newsom, Oakland Unified School District, Riverside Unified School District, SBC - High Tech High School District, SBE Latitude 37.8 High School, San Bernardino City Unified School District, San Francisco Unified School District, San Jose Unified School District, San Juan Unified School District, San Ramon Valley Unified School District, Santa Ana Unified School District, Sandra Shewry, South Pasadena Unified School District, State of California, Tony Thurmond and West Contra Costa Unified School District answering brief due 06/07/2021. The optional reply brief is due 21 days from the date of service of the answering brief. [12087442] (DLM) [Entered: 04/26/2021 05:15 PM] |
| Filing 32 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellees Cupertino Union School District, Fremont Unified School District, MDUSD, Oakland Unified School District, San Ramon Valley Unified School District and West Contra Costa Unified School District. New requested due date is 06/07/2021. [12086699] [20-56404] (Leone, Louis) [Entered: 04/26/2021 01:07 PM] |
| Filing 31 Received 3 paper copies of excerpts of record [ # 28 ] in 1 volume(s) filed by Appellants. [12070411] (KWG) [Entered: 04/12/2021 10:03 AM] |
| Filing 30 Received 6 paper copies of Opening Brief [ # 27 ] filed by Appellants. [12069759] (SD) [Entered: 04/09/2021 03:07 PM] |
| Filing 29 Filed clerk order: The opening brief [ # 27 ] submitted by appellants is filed. Within 7 days of the filing of this order, filer is ordered to file 6 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 excerpts of record [ # 28 ] submitted by appellants are filed. Within 7 days of this order, filer is ordered to file 3 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [12065686] (LA) [Entered: 04/06/2021 03:56 PM] |
| Filing 28 Submitted (ECF) excerpts of record. Submitted by Appellants P. C., LaShonda Hubbard, Danielle Howard Martinez, D. P., K. P., T. W. and Amber Wood. Date of service: 04/05/2021. [12062921] [20-56404] (Price, Andrew) [Entered: 04/05/2021 07:06 AM] |
| Filing 27 Submitted (ECF) Opening Brief for review. Submitted by Appellants P. C., LaShonda Hubbard, Danielle Howard Martinez, D. P., K. P., T. W. and Amber Wood. Date of service: 04/05/2021. [12062920] [20-56404] --[COURT UPDATE: Updated docket text to reflect correct party filers. 4/6/2021 by TYL]--[COURT UPDATE: Attached corrected PDF. 04/06/2021 by LA] (Price, Andrew) [Entered: 04/05/2021 07:00 AM] |
| Filing 26 Added Attorney(s) Andrew Price for party(s) Appellant T. W. Appellant Amber Wood Appellant LaShonda Hubbard Appellant P. C. Appellant D. P. Appellant Danielle Howard Martinez Appellant K. P., in case 20-56404. [12059976] (JFF) [Entered: 03/31/2021 04:13 PM] |
| Filing 25 Filed (ECF) notice of appearance of Andrew Matthias Price (8290 Clifton Dr., Colorado Springs, Colorado 80920) for Appellants P. C., Danielle Howard Martinez, LaShonda Hubbard, D. P., K. P., T. W. and Amber Wood. Date of service: 03/31/2021. (Party was previously proceeding with counsel.) [12059871] [20-56404] (Price, Andrew) [Entered: 03/31/2021 03:25 PM] |
| Filing 24 Added Attorney(s) Deborah S. Reisdorph for party(s) Appellant T. W. Appellant Amber Wood Appellant LaShonda Hubbard Appellant P. C. Appellant D. P. Appellant Danielle Howard Martinez Appellant K. P., in case 20-56404. [12059820] (DJV) [Entered: 03/31/2021 02:55 PM] |
| Filing 23 Filed (ECF) notice of appearance of Deborah,Sue, Reisdorph (Skanadore Reisdorph Law Office, 16541 Gothard St, Suite 208, Huntington Beach, CA 92647) for Appellants P. C., LaShonda Hubbard, Danielle Howard Martinez, D. P., K. P., T. W. and Amber Wood. Date of service: 03/31/2021. (Party was previously proceeding with counsel.) [12059807] [20-56404] (Reisdorph, Deborah) [Entered: 03/31/2021 02:50 PM] |
| Filing 22 Terminated Non-Admitted Attorney Deborah S. Reisdorph for Amber Wood, T. W., K. P., D. P., Danielle Howard Martinez, LaShonda Hubbard and P. C. in 20-56404. Parties have alternate counsel. [12025444] (SVG) [Entered: 03/05/2021 08:52 AM] |
| Filing 21 MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions while the appeal is pending. [11980552] (CL) [Entered: 01/25/2021 04:05 PM] |
| Filing 20 MEDIATION ORDER FILED: By 01/22/2021, counsel to email Circuit Mediator regarding settlement potential. Include Ninth Circuit case number in subject line. This communication will be kept confidential, if requested, and should not be filed with the court. The existing briefing schedule remains in effect. SEE ORDER FOR DETAILS. [11957658] (CL) [Entered: 01/08/2021 03:54 PM] |
| Filing 19 The Mediation Questionnaire for this case was filed on 01/07/2021. To submit pertinent confidential information directly to the Circuit Mediators, please use the following # link . Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts.[11956423]. [20-56404] (AD) [Entered: 01/07/2021 06:44 PM] |
| Filing 18 The Mediation Questionnaire for this case was filed on 01/07/2021. To submit pertinent confidential information directly to the Circuit Mediators, please use the following # link . Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts.[11956421]. [20-56404] (AD) [Entered: 01/07/2021 06:44 PM] |
| Filing 17 Filed (ECF) Appellees Capistrano Unified School District, Chaffey Joint Union High School District, Long Beach Unified School District, Milpitas Unified School District, Riverside Unified School District, Santa Ana Unified School District and South Pasadena Unified School District Mediation Questionnaire. Date of service: 01/07/2021. [11956044] [20-56404] (Wadlington, Marlon) [Entered: 01/07/2021 02:56 PM] |
| Filing 16 Filed (ECF) Appellees LAUSD and San Jose Unified School District Mediation Questionnaire. Date of service: 01/07/2021. [11956010] [20-56404] (Evans, Sue) [Entered: 01/07/2021 02:44 PM] |
| Filing 15 Added Attorney(s) Tracy Petznick Johnson for party(s) Appellee Moreno Valley Unified School District Appellee Garden Grove Unified School District Appellee Corona-Norco Unified School District Appellee Irvine Unified School District, in case 20-56404. [11955465] (JFF) [Entered: 01/07/2021 10:28 AM] |
| Filing 14 Added Attorney(s) S. Daniel Harbottle for party(s) Appellee Moreno Valley Unified School District Appellee Garden Grove Unified School District Appellee Corona-Norco Unified School District Appellee Irvine Unified School District, in case 20-56404. [11955456] (JFF) [Entered: 01/07/2021 10:25 AM] |
| Filing 13 Added Attorney(s) Leonard Bruce Garfinkel for party(s) Appellee California School for the Blind Diagnostic Center Appellee California School for the Deaf Appellee Tony Thurmond Appellee California Department of Education, in case 20-56404. [11955451] (JFF) [Entered: 01/07/2021 10:23 AM] |
| Filing 12 Filed (ECF) notice of appearance of Tracy Petznick Johnson (Harbottle Law Group. 18401 Von Karman Avenue, Suite 200, Irvine, California 92612) for Appellees Corona-Norco Unified School District, Garden Grove Unified School District, Irvine Unified School District and Moreno Valley Unified School District. Date of service: 01/07/2021. (Party was previously proceeding with counsel.) [11955428] [20-56404] (Johnson, Tracy) [Entered: 01/07/2021 10:14 AM] |
| Filing 11 Filed (ECF) notice of appearance of S. Daniel Harbottle (Harbottle Law Group. 18401 Von Karman Avenue, Suite 200, Irvine, California 92612) for Appellees Corona-Norco Unified School District, Garden Grove Unified School District, Irvine Unified School District and Moreno Valley Unified School District. Date of service: 01/07/2021. (Party was previously proceeding with counsel.) [11955419] [20-56404] (Harbottle, S.) [Entered: 01/07/2021 10:11 AM] |
| Filing 10 Filed (ECF) notice of appearance of Len Garfinkel (California Department of Education, 1430 N Street, Suite 5319, Sacramento, CA 95814) for Appellees California Department of Education, California School for the Blind Diagnostic Center, California School for the Deaf and Tony Thurmond. Date of service: 01/07/2021. (Party was previously proceeding with counsel.) [11955224] [20-56404] (Garfinkel, Leonard) [Entered: 01/07/2021 08:59 AM] |
| Filing 9 The Mediation Questionnaire for this case was filed on 01/06/2021. To submit pertinent confidential information directly to the Circuit Mediators, please use the following # link . Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts.[11955029]. [20-56404] (AD) [Entered: 01/06/2021 06:44 PM] |
| Filing 8 The Mediation Questionnaire for this case was filed on 01/06/2021. To submit pertinent confidential information directly to the Circuit Mediators, please use the following # link . Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts.[11955028]. [20-56404] (AD) [Entered: 01/06/2021 06:44 PM] |
| Filing 7 Filed (ECF) Appellees Fremont Unified School District, Cupertino Union School District, Oakland Unified School District, MDUSD, San Ramon Valley Unified School District and West Contra Costa Unified School District Mediation Questionnaire. Date of service: 01/06/2021. [11954990] [20-56404] (Leone, Louis) [Entered: 01/06/2021 05:46 PM] |
| Filing 6 Filed (ECF) Appellees Hayward Unified School District and San Juan Unified School District Mediation Questionnaire. Date of service: 01/06/2021. [11954875] [20-56404] (Spinelli, Domenic) [Entered: 01/06/2021 04:27 PM] |
| Filing 5 The Mediation Questionnaire for this case was filed on 01/05/2021. To submit pertinent confidential information directly to the Circuit Mediators, please use the following # link . Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts.[11953643]. [20-56404] (AD) [Entered: 01/05/2021 06:44 PM] |
| Filing 4 Filed (ECF) Appellees Corona-Norco Unified School District, Garden Grove Unified School District, Irvine Unified School District and Moreno Valley Unified School District Mediation Questionnaire. Date of service: 01/05/2021. [11953576] [20-56404] (Blaauw, Sydney) [Entered: 01/05/2021 05:10 PM] |
| Filing 3 The Mediation Questionnaire for this case was filed on 01/04/2021. To submit pertinent confidential information directly to the Circuit Mediators, please use the following # link . Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts.[11952067]. [20-56404] (AD) [Entered: 01/05/2021 06:44 AM] |
| Filing 2 Filed (ECF) Appellants P. C., Danielle Howard Martinez, D. P., K. P., T. W., Amber Wood and LaShonda Hubbard Mediation Questionnaire. Date of service: 01/04/2021. [11951967] [20-56404] (Reisdorph, Deborah) [Entered: 01/04/2021 07:36 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellants P. C., LaShonda Hubbard, Danielle Howard Martinez, D. P., K. P., T. W. and Amber Wood Mediation Questionnaire due on 01/05/2021. Transcript ordered by 01/28/2021. Transcript due 02/26/2021. Appellants P. C., LaShonda Hubbard, Danielle Howard Martinez, D. P., K. P., T. W. and Amber Wood opening brief due 04/06/2021. Appellees California Department of Education, California Department of Public Health, California Health and Human Services, California School for the Blind Diagnostic Center, California School for the Deaf, California State Board of Education, Capistrano Unified School District, Chaffey Joint Union High School District, Corona-Norco Unified School District, Cupertino Union School District, Etiwanda Elementary School District, Fremont Unified School District, Garden Grove Unified School District, Hayward Unified School District, Irvine Unified School District, Long Beach Unified School District, Los Angeles Unified School District, Milpitas Unified School District, Moreno Valley Unified School District, Mt. Diablo Unified School District, Gavin Newsom, Oakland Unified School District, Riverside Unified School District, SBC - High Tech High School District, SBE Latitude 37.8 High School, San Bernardino City Unified School District, San Francisco Unified School District, San Jose Unified School District, San Juan Unified School District, San Ramon Valley Unified School District, Santa Ana Unified School District, Sandra Shewry, South Pasadena Unified School District, State of California, Tony Thurmond and West Contra Costa Unified School District answering brief due 05/06/2021. Appellant's optional reply brief is due 21 days after service of the answering brief. [11947685] (RT) [Entered: 12/29/2020 02:18 PM] |
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