Case: Renee v. Duncan

4:07-cv-04299 | U.S. District Court for the Northern District of California

Filed Date: Aug. 21, 2007

Clearinghouse coding complete

Case Summary

On August 21, 2007, a group of California students, their parents, and a related nonprofit filed this lawsuit against the U.S. Department of Education (DOE) in the United States District Court for the Northern District of California. The plaintiffs alleged that moderate- and low-income minority students were being harmed by the DOE's regulation allowing interns and others who had not achieved full state certification to qualify as "highly qualified" teachers. The plaintiffs, represented by a co…

On August 21, 2007, a group of California students, their parents, and a related nonprofit filed this lawsuit against the U.S. Department of Education (DOE) in the United States District Court for the Northern District of California. The plaintiffs alleged that moderate- and low-income minority students were being harmed by the DOE's regulation allowing interns and others who had not achieved full state certification to qualify as "highly qualified" teachers. The plaintiffs, represented by a combination of public interest and private counsel, sought declaratory and injunctive relief under the Administrative Procedure Act, claiming that the defendants' regulation implementing the Federal No Child Left Behind (NCLB) Act violated a congressionally mandated requirement.

Specifically, the plaintiffs claimed that by designating teachers who were in the process of achieving full certification as "highly qualified" the DOE had violated the clear congressional directive that "highly qualified" teachers teach students in their core classes. Congress defined "highly qualified" teachers as those who had completed their teacher preparation and had received full state certification. The DOE's regulation, however, allowed for a teacher to be classified as "highly qualified" while in the process of achieving full certification. The result, the plaintiffs alleged, was that intern-teachers, still in the process of being trained, were disproportionately teaching low-income and minority-descent students.

On motion for summary judgment, the district court (Judge Phyllis J. Hamilton) evaluated the plaintiffs' claim that the regulation conflicted with the NCLB. Applying Chevron deference (where a court defers to the agency's interpretation of a statute unless unreasonable), the court found that the regulation did not conflict with the statute because the NCLB never defined the phrase "full State certification as a teacher (including certification obtained through alternative routes to certification)." Therefore, Congress gave the DOE the discretion to clarify what the statute meant, including the ability to issue a regulation certifying that a teacher was "fully qualified" while in the process of achieving full certification.

On appeal to the Ninth Circuit, the plaintiffs argued that the DOE's regulations classifying teachers who were making progress towards achieving full certification, rather than having already been fully certified under state law, should not be afforded Chevron deference because it was unreasonable. In essence, the plaintiffs argued that the defendants' regulation resulted in the situation where, "a first-day participant in an alternative certification program working towards full state certification and a thirty-year, fully-certified teaching veteran are equally considered 'highly qualified' under the regulation, and states and districts are permitted to treat them identically for purposes of hiring, distribution, planning and public reporting."

But the DOE argued that whether the federal regulation defined "highly qualified" as only one who has achieved full certification or to also include those who are in the process of achieving full certification, the decision would still be up to the state to define who is fully certified under their own state law. Moreover, because the NCLB has been interpreted to not create an enforceable right against a state, a victory in this suit would not redress the plaintiff's alleged injury, thus leaving the plaintiffs without standing to bring their claim.

While initially issuing an opinion that held the plaintiffs lacked standing to bring to challenge the regulation, the original Ninth Circuit panel (Judges Dorothy W. Nelson, William A. Fletcher, and Richard C. Tallman), in a rare reversal, withdrew and replaced their first opinion with a new one. In the new opinion, the Circuit reversed itself and found that the plaintiffs had standing to challenge the regulation. After finding that the plaintiffs had standing to challenge the regulation at issue, the majority held that the regulation failed Chevron's test of deference to agency regulations. The court held that the regulation was invalid because "it is inconsistent with the unambiguously expressed intent of Congress." The holding was based on "the difference between the meaning of "has obtained" in [the statute] and the meaning of demonstrat[es] satisfactory progress toward in [the regulation]."

On October 12, 2010, the defendants moved for a rehearing. Then, in December of 2010, Congress passed a bill that included an amendment that would codify the Department of Education's regulation interpreting the No Child Left Behind Act's "highly qualified" classification as encompassing teachers who had not achieved full state certification and were still in the midst of their training programs. The amendment remained in the final bill signed by the President. As a result, Congress effectively overturned the Circuit's finding that the regulation was not entitled to Chevron deference and codified the Department of Education's interpretation of "highly qualified." The amendment, however, remained in effect only through the 2012-2013 school year.

On May 10, 2012, the Ninth Circuit granted the petition for rehearing and issued a new opinion in light of the amendment to the NCLB Act. The Circuit concluded that because of the temporary nature of the amendment, the plaintiffs' claims were not moot. But the Circuit agreed that the amendment overturned its prior decision. The Circuit also held that the plaintiffs' attorneys were not entitled to attorneys' fees because the DOE's position was "substantially justified."

There have been no further updates to this case since the Ninth Circuit's decision in 2012. There is no reason to think that this case is still ongoing.

Summary Authors

Joshua Arocho (7/19/2012)

Ginny Lee (3/9/2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4168662/parties/renee-v-spellings/


Judge(s)

Fletcher, William A. (California)

Hamilton, Phyllis Jean (California)

Nelson, Dorothy Wright (California)

Tallman, Richard C. (Washington)

Attorneys(s) for Plaintiff

Affeldt, John T. (California)

Cook, David B (District of Columbia)

Kini, Tara Elizabeth (California)

Pearlman, Jenny (California)

Perroton, Nicole Elise (California)

Simes, Jeffrey A (New York)

Judge(s)

Fletcher, William A. (California)

Hamilton, Phyllis Jean (California)

Nelson, Dorothy Wright (California)

Tallman, Richard C. (Washington)

Attorneys(s) for Plaintiff

Affeldt, John T. (California)

Cook, David B (District of Columbia)

Kini, Tara Elizabeth (California)

Pearlman, Jenny (California)

Perroton, Nicole Elise (California)

Simes, Jeffrey A (New York)

Stone, Elizabeth Frances (California)

Thompson, Patrick S (California)

Attorneys(s) for Defendant

Hyde, Michael Quenten (District of Columbia)

Katsas, Gregory George (District of Columbia)

Klien, Alisa B (District of Columbia)

Schools, Scott N (South Carolina)

Stern, Marc (District of Columbia)

Other Attorney(s)

Alepin, Dominique Chantale (California)

Compton, Charles T.C. (California)

Santaguida, Bryson (California)

Talbert, Kent (District of Columbia)

Verrilli, Donald B. Jr. (District of Columbia)

Documents in the Clearinghouse

Document

CIVIL DOCKET

Renee v. Spellings

July 5, 2012 Docket
30

First Amended Complaint for Declaratory and Injunctive Relief

Renee v. Spellings

Nov. 27, 2007 Complaint
52

Memorandum of Points and Authorities in Support of Plaintiffs' Motion for Summary Judgment and Exhibits in Support

Renee v. Spellings

Jan. 18, 2008 Pleading / Motion / Brief
59-1

Defendant's Consolidated Memorandum in Opposition to Plaintiffs' Motion for Summary Judgment and in Support of their Cross Motion for Summary Judgment

Renee v. Spellings

Feb. 15, 2008 Pleading / Motion / Brief
76

Order Granting Defendants' Motion for Summary Judgment and Denying Plaintiffs' Motion for Summary Judgment

Renee v. Spellings

2008 WL 2468481

June 17, 2008 Order/Opinion

Appellants' Corrected Opening Brief

Renee v. Spellings

U. S. Court of Appeals for the Ninth Circuit

Oct. 15, 2008 Pleading / Motion / Brief

Brief for the Appellees

Renee v. Spellings

U. S. Court of Appeals for the Ninth Circuit

Nov. 12, 2008 Pleading / Motion / Brief

Opinion

U. S. Court of Appeals for the Ninth Circuit

623 F.3d 787

Sept. 27, 2010 Order/Opinion

Plaintiffs'-Appellants' Response to Petition for Rehearing and Rehearing En Banc

U. S. Court of Appeals for the Ninth Circuit

Nov. 15, 2010 Pleading / Motion / Brief

Brief of Amici Curiae In Opposition to Appellees' Petition For Rehearing And Rehearing En Banc

Renee v. Spellings

U. S. Court of Appeals for the Ninth Circuit

Nov. 24, 2010 Pleading / Motion / Brief

Resources

Title Description External URL

Renee v. Duncan

Public Advocates

In August 2007, Public Advocates and Goodwin Procter, representing Californians for Justice, California ACORN and several parents and students, sued the United States Department of Education and the … https://www.publicadvocates.org/our-work/education/access-quality-education/teacher-quality/renee-v-duncan/

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4168662/renee-v-spellings/

Last updated May 20, 2022, 2:17 a.m.

ECF Number Description Date Link
1

COMPLAINT; summons issued against Margaret Spellings, United States Department of Eudcation (Filing fee $ 350, receipt number 34611009643). Filed by Jazmine Johnson, Adriana Ramirez, Jane Doe, Californians For Justice Education Fund, California Association of Community Organizations for Reform Now, Sonya Renee, Candice Johnson, Maribel Heredia, Jose Aldana, Mariel Rubio, Danielle Rubio, Guadalupe Gonzalez, Daisy Gonzalez. (slh, COURT STAFF) (Filed on 8/21/2007) Additional attachment(s) added on 10/19/2007 (sv, COURT STAFF).

1 Exhibit

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2 Civil Cover Sheet

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Aug. 21, 2007 RECAP
2

Certificate of Interested Parties by David B. Cook, Elizabeth Frances Stone, Nicole Elise Perroton, Patrick Shaun Thompson, Jeffrey Simes. (slh, COURT STAFF) (Filed on 8/21/2007) Additional attachment(s) added on 10/19/2007 (sv, COURT STAFF).

Aug. 21, 2007 RECAP
3

MOTION to Appoint Guadalupe Gonzalez as Guardian ad Litem filed by Jazmine Johnson, Adriana Ramirez, Jane Doe, Californians For Justice Education Fund, California Association of Community Organizations for Reform Now, Sonya Renee, Candice Johnson, Maribel Heredia, Jose Aldana, Mariel Rubio, Danielle Rubio, Guadalupe Gonzalez, Daisy Gonzalez. (slh, COURT STAFF) (Filed on 8/21/2007) Additional attachment(s) added on 10/19/2007 (sv, COURT STAFF).

Aug. 21, 2007 RECAP
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MOTION to Appoint Sonya Renee as Guardian ad Litem filed by Jazmine Johnson, Adriana Ramirez, Jane Doe, Californians For Justice Education Fund, California Association of Community Organizations for Reform Now, Sonya Renee, Candice Johnson, Maribel Heredia, Jose Aldana, Mariel Rubio, Danielle Rubio, Guadalupe Gonzalez, Daisy Gonzalez. (slh, COURT STAFF) (Filed on 8/21/2007) Additional attachment(s) added on 10/19/2007 (sv, COURT STAFF).

Aug. 21, 2007 RECAP
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MOTION to Appoint Mariel Rubio as Guardian ad Litem filed by Jazmine Johnson, Adriana Ramirez, Jane Doe, Californians For Justice Education Fund, California Association of Community Organizations for Reform Now, Sonya Renee, Candice Johnson, Maribel Heredia, Jose Aldana, Mariel Rubio, Danielle Rubio, Guadalupe Gonzalez, Daisy Gonzalez. (slh, COURT STAFF) (Filed on 8/21/2007) Additional attachment(s) added on 10/19/2007 (sv, COURT STAFF).

Aug. 21, 2007 RECAP
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MOTION to Appoint Maribel Heredia as Guardian ad Litem filed by Jazmine Johnson, Adriana Ramirez, Jane Doe, Californians For Justice Education Fund, California Association of Community Organizations for Reform Now, Sonya Renee, Candice Johnson, Maribel Heredia, Jose Aldana, Mariel Rubio, Danielle Rubio, Guadalupe Gonzalez, Daisy Gonzalez. (slh, COURT STAFF) (Filed on 8/21/2007) Additional attachment(s) added on 10/19/2007 (sv, COURT STAFF).

Aug. 21, 2007 RECAP
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MOTION to Appoint Arcelia Ramirez as Guardian ad Litem filed by Jazmine Johnson, Adriana Ramirez, Jane Doe, Californians For Justice Education Fund, California Association of Community Organizations for Reform Now, Sonya Renee, Candice Johnson, Maribel Heredia, Jose Aldana, Mariel Rubio, Danielle Rubio, Guadalupe Gonzalez, Daisy Gonzalez. (slh, COURT STAFF) (Filed on 8/21/2007) Additional attachment(s) added on 10/19/2007 (sv, COURT STAFF).

Aug. 21, 2007 RECAP
8

MOTION to Appoint Deanna Bolden as Guardian ad Litem filed by Jazmine Johnson, Adriana Ramirez, Jane Doe, Californians For Justice Education Fund, California Association of Community Organizations for Reform Now, Sonya Renee, Candice Johnson, Maribel Heredia, Jose Aldana, Mariel Rubio, Danielle Rubio, Guadalupe Gonzalez, Daisy Gonzalez. (slh, COURT STAFF) (Filed on 8/21/2007) Additional attachment(s) added on 10/19/2007 (sv, COURT STAFF).

Aug. 21, 2007 RECAP
9

MOTION to Appoint John Doe as Guardian ad Litem filed by Jazmine Johnson, Adriana Ramirez, Jane Doe, Californians For Justice Education Fund, California Association of Community Organizations for Reform Now, Sonya Renee, Candice Johnson, Maribel Heredia, Jose Aldana, Mariel Rubio, Danielle Rubio, Guadalupe Gonzalez, Daisy Gonzalez. (slh, COURT STAFF) (Filed on 8/21/2007) Additional attachment(s) added on 10/19/2007 (sv, COURT STAFF).

Aug. 21, 2007 RECAP
10

Ex Parte Motion for Leave to Proceed Anonymously and to Submit Plaintiff's Declaration Under Seal filed by Jazmine Johnson, Adriana Ramirez, Jane Doe, Californians For Justice Education Fund, California Association of Community Organizations for Reform Now, Sonya Renee, Candice Johnson, Maribel Heredia, Jose Aldana, Mariel Rubio, Danielle Rubio, Guadalupe Gonzalez, Daisy Gonzalez. (slh, COURT STAFF) (Filed on 8/21/2007) Additional attachment(s) added on 10/19/2007 (sv, COURT STAFF).

Aug. 21, 2007 RECAP
11

MEMORANDUM OF POINTS AND AUTHORITIES in Support re [10] Ex Parte Application filed by Jazmine Johnson, Adriana Ramirez, Jane Doe, Californians For Justice Education Fund, California Association of Community Organizations for Reform Now, Sonya Renee, Candice Johnson, Maribel Heredia, Jose Aldana, Mariel Rubio, Danielle Rubio, Guadalupe Gonzalez, Daisy Gonzalez. (Related document(s)[10]) (slh, COURT STAFF) (Filed on 8/21/2007) Additional attachment(s) added on 10/19/2007 (sv, COURT STAFF).

Aug. 21, 2007 RECAP
12

Declaration of Tara Kini in Support of [10] Ex Parte Application filed by Jazmine Johnson, Adriana Ramirez, Jane Doe, Californians For Justice Education Fund, California Association of Community Organizations for Reform Now, Sonya Renee, Candice Johnson, Maribel Heredia, Jose Aldana, Mariel Rubio, Danielle Rubio, Guadalupe Gonzalez, Daisy Gonzalez. (Related document(s)[10]) (slh, COURT STAFF) (Filed on 8/21/2007) Additional attachment(s) added on 10/19/2007 (sv, COURT STAFF).

Aug. 21, 2007 RECAP
13

CERTIFICATE OF SERVICE by Jazmine Johnson, Adriana Ramirez, Jane Doe, Californians For Justice Education Fund, California Association of Community Organizations for Reform Now, Sonya Renee, Candice Johnson, Maribel Heredia, Jose Aldana, Mariel Rubio, Danielle Rubio, Guadalupe Gonzalez, Daisy Gonzalez re [6] MOTION to Appoint Guardian ad Litem, [7] MOTION to Appoint Guardian ad Litem, [8] MOTION to Appoint Guardian ad Litem, [1] Complaint, [3] MOTION to Appoint Guardian ad Litem, [4] MOTION to Appoint Guardian ad Litem, [2] Certificate of Interested Entities, [5] MOTION to Appoint Guardian ad Litem, [9] MOTION to Appoint Guardian ad Litem (slh, COURT STAFF) (Filed on 8/21/2007) Additional attachment(s) added on 10/19/2007 (sv, COURT STAFF).

Aug. 21, 2007 RECAP
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ADR SCHEDULING ORDER: Case Management Statement due by 11/21/2007. Case Management Conference set for 11/28/2007 01:30 PM. (Attachments: # (1) EMC Standing Order; # (2) Case Management Standing Order)(slh, COURT STAFF) (Filed on 8/21/2007)

1 EMC Standing Order

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2 Case Management Standing Order

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Aug. 21, 2007 RECAP
15

MOTION of Jeffrey A. Simes for leave to appear in Pro Hac Vice (Filing fee $ 210, receipt number 34611009679) filed by Jazmine Johnson, Adriana Ramirez, Jane Doe, Californians For Justice Education Fund, California Association of Community Organizations for Reform Now, Sonya Renee, Candice Johnson, Maribel Heredia, Jose Aldana, Mariel Rubio, Danielle Rubio, Guadalupe Gonzalez, Daisy Gonzalez. (slh, COURT STAFF) (Filed on 8/21/2007) Additional attachment(s) added on 10/19/2007 (sv, COURT STAFF).

1

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Aug. 21, 2007 RECAP
16

MOTION of David B. Cook for leave to appear in Pro Hac Vice (Filing fee $ 210, receipt number 34611009679) filed by Jazmine Johnson, Adriana Ramirez, Jane Doe, Californians For Justice Education Fund, California Association of Community Organizations for Reform Now, Sonya Renee, Candice Johnson, Maribel Heredia, Jose Aldana, Mariel Rubio, Danielle Rubio, Guadalupe Gonzalez, Daisy Gonzalez. (slh, COURT STAFF) (Filed on 8/21/2007) Additional attachment(s) added on 10/19/2007 (sv, COURT STAFF).

Aug. 21, 2007 RECAP
17

ORDER GRANTING APPLICATION FOR ADMISSION OF ATTORNEY PRO HAC VICE FOR JEFFREY SIMES. Signed by Judge Edward M. Chen on 8/24/07. (bpf, COURT STAFF) (Filed on 8/24/2007)

Aug. 24, 2007 RECAP
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ORDER GRANTING APPLICATION FOR ADMISSION OF ATTORNEY PRO HAC VICE FOR DAVID COOK. Signed by Judge Edward M. Chen on 8/24/07. (bpf, COURT STAFF) (Filed on 8/24/2007)

Aug. 24, 2007 RECAP
19

ORDER re [6] MOTION to Appoint Guardian ad Litem filed by Daisy Gonzalez, Jazmine Johnson, Adriana Ramirez, Jose Aldana, Jane Doe, Danielle Rubio, California Association of Community Organizations for Reform Now, Californians For Justice Education Fund, Mariel Rubio, Candice Johnson, Guadalupe Gonzalez, Sonya Renee, Maribel Heredia, [7] MOTION to Appoint Guardian ad Litem filed by Daisy Gonzalez, Jazmine Johnson, Adriana Ramirez, Jose Aldana, Jane Doe, Danielle Rubio, California Association of Community Organizations for Reform Now, Californians For Justice Education Fund, Mariel Rubio, Guadalupe Gonzalez, Candice Johnson, Maribel Heredia, Sonya Renee, [8] MOTION to Appoint Guardian ad Litem filed by Daisy Gonzalez, Jazmine Johnson, Adriana Ramirez, Jose Aldana, Jane Doe, Danielle Rubio, California Association of Community Organizations for Reform Now, Californians For Justice Education Fund, Mariel Rubio, Guadalupe Gonzalez, Candice Johnson, Maribel Heredia, Sonya Renee, [3] MOTION to Appoint Guardian ad Litem filed by Daisy Gonzalez, Jazmine Johnson, Adriana Ramirez, Jose Aldana, Jane Doe, Danielle Rubio, California Association of Community Organizations for Reform Now, Californians For Justice Education Fund, Mariel Rubio, Guadalupe Gonzalez, Candice Johnson, Maribel Heredia, Sonya Renee, [4] MOTION to Appoint Guardian ad Litem filed by Daisy Gonzalez, Jazmine Johnson, Adriana Ramirez, Jose Aldana, Jane Doe, Danielle Rubio, California Association of Community Organizations for Reform Now, Californians For Justice Education Fund, Mariel Rubio, Guadalupe Gonzalez, Candice Johnson, Maribel Heredia, Sonya Renee, [5] MOTION to Appoint Guardian ad Litem filed by Daisy Gonzalez, Jazmine Johnson, Adriana Ramirez, Jose Aldana, Jane Doe, Danielle Rubio, California Association of Community Organizations for Reform Now, Californians For Justice Education Fund, Mariel Rubio, Guadalupe Gonzalez, Candice Johnson, Maribel Heredia, Sonya Renee, [9] MOTION to Appoint Guardian ad Litem filed by Daisy Gonzalez, Jazmine Johnson, Adriana Ramirez, Jose Aldana, Jane Doe, Danielle Rubio, California Association of Community Organizations for Reform Now, Californians For Justice Education Fund, Mariel Rubio, Guadalupe Gonzalez, Candice Johnson, Maribel Heredia, Sonya Renee. Signed by Judge Edward M. Chen on 8/28/07. (bpf, COURT STAFF) (Filed on 8/28/2007)

Aug. 28, 2007 RECAP
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CERTIFICATE OF SERVICE by Jazmine Johnson, Adriana Ramirez, Jane Doe, Californians For Justice Education Fund, California Association of Community Organizations for Reform Now, Sonya Renee, Candice Johnson, Maribel Heredia, Jose Aldana, Mariel Rubio, Danielle Rubio, Guadalupe Gonzalez, Daisy Gonzalez (Kini, Tara) (Filed on 10/2/2007)

Oct. 2, 2007 RECAP
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NOTICE of Appearance by Michael Quenten Hyde on Behalf of Defendants (Hyde, Michael) (Filed on 10/18/2007)

Oct. 18, 2007 RECAP
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STIPULATION Extending Time for Defendants to Respond to the Complaint by Margaret Spellings, United States Department of Eudcation. (Attachments: # (1) Attestation of Concurrence to File# (2) Signature Page (Declarations/Stipulations) Stipulation with Original Signatures# (3) Certificate of Service)(Hyde, Michael) (Filed on 10/18/2007)

1 Attestation of Concurrence to File

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2 Signature Page (Declarations/Stipulations) Stipulation with Original Signatures

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3 Certificate of Service

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Oct. 18, 2007 RECAP
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Declination to Proceed Before a U.S. Magistrate Judge by Margaret Spellings, United States Department of Eudcation. (Hyde, Michael) (Filed on 10/18/2007)

Oct. 18, 2007 RECAP
24

CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (bpf, COURT STAFF) (Filed on 10/22/2007)

Oct. 22, 2007 RECAP
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ORDER REASSIGNING CASE. Case reassigned to Judge Phyllis J. Hamilton for all further proceedings. Judge Edward M. Chen no longer assigned to the case.. Signed by Executive Committee on 10/23/07. (as, COURT STAFF) (Filed on 10/23/2007)

Oct. 23, 2007 RECAP
26

ORDER SETTING CASE MANAGEMENT CONFERENCE. Signed by Judge Phyllis J. Hamilton on 10/25/07. (nah, COURT STAFF) (Filed on 10/25/2007)

Oct. 25, 2007 RECAP
27

Notice of Withdrawal of Motion filed byJane Doe. (Kini, Tara) (Filed on 10/31/2007)

Oct. 31, 2007 RECAP
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STIPULATION Extending Time for Defendants to Respond to the Complaint by Margaret Spellings, United States Department of Eudcation. (Attachments: # (1) Attestation of Concurrence# (2) Signature Page (Declarations/Stipulations) Signature Page for Plaintiffs# (3) Certificate of Service)(Hyde, Michael) (Filed on 11/15/2007)

1 Attestation of Concurrence

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2 Signature Page (Declarations/Stipulations) Signature Page for Plaintiffs

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3 Certificate of Service

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Nov. 15, 2007 RECAP
29

NOTICE of Change of Address by Nicole Elise Perroton (Perroton, Nicole) (Filed on 11/19/2007)

Nov. 19, 2007 RECAP
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AMENDED COMPLAINT for Declaratory and Injunctive Relief against all defendants. Filed byJazmine Johnson, Adriana Ramirez, Jane Doe, Californians For Justice Education Fund, California Association of Community Organizations for Reform Now, Sonya Renee, Candice Johnson, Maribel Heredia, Jose Aldana, Mariel Rubio, Danielle Rubio, Guadalupe Gonzalez, Daisy Gonzalez. (Attachments: # (1) Exhibit Exhibit 1 Part 1 of 3# (2) Exhibit Exhibit 1 Part 2 of 3# (3) Exhibit Exhibit 1 Part 3 of 3# (4) Exhibit Exhibit 2 Part 1 of 6# (5) Exhibit Exhibit 2 Part 2 of 6# (6) Exhibit Exhibit 2 Part 3 of 6# (7) Exhibit Exhibit 2 Part 4 of 6# (8) Exhibit Exhibit 2 Part 5 of 6# (9) Exhibit Exhibit 2 Part 6 of 6# (10) Exhibit Exhibit 3# (11) Exhibit Exhibit 4-a# (12) Exhibit Exhibit 4-b Part 1 of 3# (13) Exhibit Exhibit 4-b Part 2 of 3# (14) Exhibit Exhibit 4-b Part 3 of 3# (15) Exhibit Exhibit 4-c Part 1 of 3# (16) Exhibit Exhibit 4-c Part 2 of 3# (17) Exhibit Exhibit 4-c Part 3 of 3# (18) Exhibit Exhibit 4-d# (19) Exhibit Exhibit 4-e# (20) Exhibit Exhibit 5# (21) Exhibit Exhibit 6# (22) Exhibit Exhibit 7# (23) Exhibit Exhibit 8# (24) Exhibit Exhibit 9# (25) Exhibit Exhibit 10# (26) Exhibit Exhibit 11)(Kini, Tara) (Filed on 11/27/2007)

1 Exhibit Exhibit 1 Part 1 of 3

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2 Exhibit Exhibit 1 Part 2 of 3

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3 Exhibit Exhibit 1 Part 3 of 3

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4 Exhibit Exhibit 2 Part 1 of 6

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5 Exhibit Exhibit 2 Part 2 of 6

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6 Exhibit Exhibit 2 Part 3 of 6

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7 Exhibit Exhibit 2 Part 4 of 6

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8 Exhibit Exhibit 2 Part 5 of 6

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9 Exhibit Exhibit 2 Part 6 of 6

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10 Exhibit Exhibit 3

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11 Exhibit Exhibit 4-a

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12 Exhibit Exhibit 4-b Part 1 of 3

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13 Exhibit Exhibit 4-b Part 2 of 3

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14 Exhibit Exhibit 4-b Part 3 of 3

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15 Exhibit Exhibit 4-c Part 1 of 3

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16 Exhibit Exhibit 4-c Part 2 of 3

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17 Exhibit Exhibit 4-c Part 3 of 3

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18 Exhibit Exhibit 4-d

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19 Exhibit Exhibit 4-e

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20 Exhibit Exhibit 5

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21 Exhibit Exhibit 6

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22 Exhibit Exhibit 7

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23 Exhibit Exhibit 8

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24 Exhibit Exhibit 9

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25 Exhibit Exhibit 10

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26 Exhibit Exhibit 11

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Nov. 27, 2007 RECAP
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Proposed Order re [30] Amended Complaint,,,, Order Appointing Guardians Ad Litem by Jazmine Johnson, Adriana Ramirez, Jane Doe, Californians For Justice Education Fund, California Association of Community Organizations for Reform Now, Sonya Renee, Candice Johnson, Maribel Heredia, Jose Aldana, Mariel Rubio, Danielle Rubio, Guadalupe Gonzalez, Daisy Gonzalez. (Attachments: # (1) Second Petition of Mariel Rubio for Order Appointing Her Guardian Ad Litem# (2) Petition of N. Doe for Order Appointing Her Guardian Ad Litem# (3) CERTIFICATE OF SERVICE)(Kini, Tara) (Filed on 11/27/2007)

1 Second Petition of Mariel Rubio for Order Appointing Her Guardian Ad Litem

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2 Petition of N. Doe for Order Appointing Her Guardian Ad Litem

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3 CERTIFICATE OF SERVICE

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Nov. 27, 2007 RECAP
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ORDER APPOINTING GUARDIANS AD LITEM re [31] Proposed Order,, filed by Daisy Gonzalez, Jazmine Johnson, Adriana Ramirez, Jose Aldana, Jane Doe, Danielle Rubio, California Association of Community Organizations for Reform Now, Californians For Justice Education Fund, Mariel Rubio, Candice Johnson, Guadalupe Gonzalez, Sonya Renee, Maribel Heredia. Signed by Judge Phyllis J. Hamilton on 11/29/07. (nah, COURT STAFF) (Filed on 11/29/2007)

Nov. 29, 2007 RECAP
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JOINT CASE MANAGEMENT STATEMENT filed by Jazmine Johnson, Adriana Ramirez, Jane Doe, Californians For Justice Education Fund, California Association of Community Organizations for Reform Now, Sonya Renee, Candice Johnson, Maribel Heredia, Jose Aldana, Mariel Rubio, Danielle Rubio, Guadalupe Gonzalez, Daisy Gonzalez. (Attachments: # (1) Attestation of Concurrence to File)(Kini, Tara) (Filed on 11/29/2007)

1 Attestation of Concurrence to File

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Nov. 29, 2007 RECAP
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Consent MOTION to Appear by Telephone at Case Management Conference filed by Margaret Spellings, United States Department of Eudcation. (Attachments: # (1) Proposed Order)(Hyde, Michael) (Filed on 11/29/2007)

1 Proposed Order

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Nov. 29, 2007 RECAP
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CLERK'S NOTICE CONTINUING INITIAL CASE MANAGEMENT CONFERENCE. Case Management Conference set for 1/10/2008 02:30 PM. (nah, COURT STAFF) (Filed on 11/30/2007)

Nov. 30, 2007 RECAP
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Defendants' ANSWER to Amended Complaint byMargaret Spellings, United States Department of Eudcation. (Hyde, Michael) (Filed on 12/14/2007)

Dec. 14, 2007 RECAP
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NOTICE by Margaret Spellings, United States Department of Eudcation of Filing of Administrative Record in Paper Form with Clerk's Office (Hyde, Michael) (Filed on 12/14/2007)

Dec. 14, 2007 RECAP
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ADMINISTRATIVE RECORD (four volumes) filed by Defendant. (far, COURT STAFF) (Filed on 12/18/2007)

Dec. 18, 2007 PACER
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MOTION for Leave to Proceed Using Fictitious Names and to Submit Declarations Under Seal filed by Jazmine Johnson, Adriana Ramirez, Jane Doe, Californians For Justice Education Fund, California Association of Community Organizations for Reform Now, Sonya Renee, Candice Johnson, Maribel Heredia, Jose Aldana, Mariel Rubio, Danielle Rubio, Guadalupe Gonzalez, Daisy Gonzalez. Motion Hearing set for 12/30/2008 09:00 AM. (Attachments: # (1) Memorandum of Points and Authorities in Support of Motion for Leave to Proceed Using Fictitious Names and to Submit Declarations Under Seal, # (2) Proposed Order Proposed Order Granting Plaintiffs Leave to Proceed Using Fictitious Names and to Submit Declarations Under Seal, # (3) Certificate of Service)(Kini, Tara) (Filed on 12/21/2007) Modified on 1/17/2008 (far, COURT STAFF).

1 Memorandum of Points and Authorities in Support of Motion for Leave to Proceed

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2 Proposed Order Proposed Order Granting Plaintiffs Leave to Proceed Using Fictiti

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3 Certificate of Service

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Dec. 21, 2007 RECAP
40

Declaration of Tara Kini in Support of [39] MOTION for Protective Order Motion for Leave to Proceed Using Fictitious Names and to Submit Declarations Under Seal filed byJazmine Johnson, Adriana Ramirez, Jane Doe, Californians For Justice Education Fund, California Association of Community Organizations for Reform Now, Sonya Renee, Candice Johnson, Maribel Heredia, Jose Aldana, Mariel Rubio, Danielle Rubio, Guadalupe Gonzalez, Daisy Gonzalez. (Attachments: # (1) Declaration of Allison Davenport in Support of Plaintiffs' Motion for Leave to Proceed Using Fictitious Names and to File Declarations Under Seal, # (2) Declaration of Jane Doe in Support of Motion for Leave to Proceed Using Fictitious Names and to Submit Declaration Under Seal (Sealed Portion Redacted), # (3) Declaration of N. Doe in Support of Motion for Leave to Proceed Using Fictitious Names and to Submit Declarations Under Seal)(Related document(s)[39]) (Kini, Tara) (Filed on 12/21/2007)

1 Declaration of Allison Davenport in Support of Plaintiffs' Motion for Leav

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2 Declaration of Jane Doe in Support of Motion for Leave to Proceed Using Fictiti

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3 Declaration of N. Doe in Support of Motion for Leave to Proceed Using Fictitiou

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Dec. 21, 2007 RECAP
41

Request for Judicial Notice re [39] MOTION for Protective Order Motion for Leave to Proceed Using Fictitious Names and to Submit Declarations Under Seal, [40] Declaration in Support,,, filed byJazmine Johnson, Adriana Ramirez, Jane Doe, Californians For Justice Education Fund, California Association of Community Organizations for Reform Now, Sonya Renee, Candice Johnson, Maribel Heredia, Jose Aldana, Mariel Rubio, Danielle Rubio, Guadalupe Gonzalez, Daisy Gonzalez. (Related document(s)[39], [40]) (Kini, Tara) (Filed on 12/21/2007)

Dec. 21, 2007 RECAP
42

JOINT CASE MANAGEMENT STATEMENT [ADDENDUM TO] filed by Jazmine Johnson, Adriana Ramirez, Jane Doe, Californians For Justice Education Fund, California Association of Community Organizations for Reform Now, Margaret Spellings, United States Department of Eudcation, Sonya Renee, Candice Johnson, Maribel Heredia, Jose Aldana, Mariel Rubio, Danielle Rubio, Guadalupe Gonzalez, Daisy Gonzalez. (Attachments: # (1) Attestation of Concurrence to File Addendum to Joint Case Management Statement)(Kini, Tara) (Filed on 1/7/2008)

1 Attestation of Concurrence to File Addendum to Joint Case Management Statement

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Jan. 7, 2008 RECAP
43

ADR Clerks Notice re: Non-Compliance with Court Order. (tjs, COURT STAFF) (Filed on 1/8/2008)

Jan. 8, 2008 RECAP
44

ADR Certification (ADR L.R. 3-5b) of discussion of ADR options by Defendants (Attachments: # (1) Signature Page (Declarations/Stipulations), # (2) Attestation of Concurrence to Sign, # (3) Certificate of Service)(Hyde, Michael) (Filed on 1/9/2008)

1 Signature Page (Declarations/Stipulations)

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2 Attestation of Concurrence to Sign

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3 Certificate of Service

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Jan. 9, 2008 RECAP
45

Memorandum in Opposition re [39] MOTION for Protective Order Motion for Leave to Proceed Using Fictitious Names and to Submit Declarations Under Seal filed byMargaret Spellings, United States Department of Eudcation. (Attachments: # (1) Proposed Order, # (2) Opinion in L.H. v. Schwarzenegger, # (3) Opinion in Doe v. Texaco)(Hyde, Michael) (Filed on 1/9/2008)

1 Proposed Order

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2 Opinion in L.H. v. Schwarzenegger

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3 Opinion in Doe v. Texaco

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Jan. 9, 2008 RECAP
46

NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) (Attachments: # (1) Attestation of Concurrence to File Notice of Need for ADR Phone Conference)(Kini, Tara) (Filed on 1/10/2008)

1 Attestation of Concurrence to File Notice of Need for ADR Phone Conference

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Jan. 10, 2008 RECAP
47

ADR Certification (ADR L.R. 3-5b) of discussion of ADR options (Attachments: # (1) Attestation of Concurrence to Sign ADR Certification by Parties and Counsel on Clients' Behalf)(Kini, Tara) (Filed on 1/10/2008)

1 Attestation of Concurrence to Sign ADR Certification by Parties and Counsel on

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Jan. 10, 2008 RECAP
48

CERTIFICATE OF SERVICE by Jazmine Johnson, Adriana Ramirez, Jane Doe, Californians For Justice Education Fund, California Association of Community Organizations for Reform Now, Sonya Renee, Candice Johnson, Maribel Heredia, Jose Aldana, Mariel Rubio, Danielle Rubio, Guadalupe Gonzalez, Daisy Gonzalez re [46] Notice of need of ADR Phone Conference (ADR L.R. 3-5 d), [47] ADR Certification (ADR L.R. 3-5b)of discussion of ADR options (Kini, Tara) (Filed on 1/10/2008)

Jan. 10, 2008 RECAP
49

Minute Entry: Initial Case Management Conference held on 1/10/2008 before Phyllis J. Hamilton (Date Filed: 1/11/2008). Dispositive Motions Hearing set for 4/23/2008 09:00 AM. (Court Reporter Not Reported.) (nah, COURT STAFF) (Date Filed: 1/11/2008)

Jan. 11, 2008 RECAP
50

REPLY in Support of [39] Motion for Leave to Proceed Using Fictitious Names filed by Jazmine Johnson, Adriana Ramirez, Jane Doe, Californians For Justice Education Fund, California Association of Community Organizations for Reform Now, Sonya Renee, Candice Johnson, Maribel Heredia, Jose Aldana, Mariel Rubio, Danielle Rubio, Guadalupe Gonzalez, Daisy Gonzalez. (Attachments: # (1) Proposed Order, # (2) Certificate of Service)(Kini, Tara) (Filed on 1/16/2008) Modified on 1/17/2008 (far, COURT STAFF).

1 Proposed Order

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2 Certificate of Service

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Jan. 16, 2008 RECAP
51

MOTION for Summary Judgment filed by Jazmine Johnson, Adriana Ramirez, Jane Doe, Californians For Justice Education Fund, California Association of Community Organizations for Reform Now, Sonya Renee, Candice Johnson, Maribel Heredia, Jose Aldana, Mariel Rubio, Danielle Rubio, Guadalupe Gonzalez, Daisy Gonzalez. Motion Hearing set for 4/23/2008 09:00 AM in Courtroom 3, 17th Floor, San Francisco. (Kini, Tara) (Filed on 1/18/2008)

Jan. 18, 2008 RECAP
52

Brief re [51] MOTION for Summary Judgment Memorandum of Points and Authorities in Support of Plaintiffs' Motion for Summary Judgment and Exhibits in Support filed byJazmine Johnson, Adriana Ramirez, Jane Doe, Californians For Justice Education Fund, California Association of Community Organizations for Reform Now, Sonya Renee, Candice Johnson, Maribel Heredia, Jose Aldana, Mariel Rubio, Danielle Rubio, Guadalupe Gonzalez, Daisy Gonzalez. (Attachments: # (1) Exhibit Exhibits to Memorandum of Points and Authorities in Support of Plaintiffs' Motion for Summary Judgment, # (2) Declarations in Support of Plaintiffs' Motion for Summary Judgment, # (3) Proposed Order, # (4) Certificate of Service)(Related document(s)[51]) (Kini, Tara) (Filed on 1/18/2008)

1 Exhibit Exhibits to Memorandum of Points and Authorities in Support of Plaintiff

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2 Declarations in Support of Plaintiffs' Motion for Summary Judgment

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3 Proposed Order

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4 Certificate of Service

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Jan. 18, 2008 RECAP
53

STIPULATION and PROPOSED ORDER TO PROCEED UNDER FICTITIOUS NAMES by Jazmine Johnson, Adriana Ramirez, Jane Doe, Californians For Justice Education Fund, California Association of Community Organizations for Reform Now, Sonya Renee, Candice Johnson, Maribel Heredia, Jose Aldana, Mariel Rubio, Danielle Rubio, Guadalupe Gonzalez, Daisy Gonzalez. (Kini, Tara) (Filed on 1/25/2008) Modified on 1/28/2008 (far, COURT STAFF).

Jan. 25, 2008 RECAP
54

Minute Entry: Motion Hearing held on 1/30/2008 before Phyllis J. Hamilton (Date Filed: 1/30/2008) re [39] MOTION for Protective Order Motion for Leave to Proceed Using Fictitious Names and to Submit Declarations Under Seal filed by Daisy Gonzalez, Jazmine Johnson, Adriana Ramirez, Jose Aldana, Jane Doe, Danielle Rubio, California Association of Community Organizations for Reform Now, Californians For Justice Education Fund, Mariel Rubio, Candice Johnson, Guadalupe Gonzalez, Sonya Renee, Maribel Heredia. (Court Reporter Margo Gurule (415) 522-2102) (nah, COURT STAFF) (Date Filed: 1/30/2008) Modified on 1/31/2008 (far, COURT STAFF).

Jan. 30, 2008 RECAP
55

Proposed Order to Proceed Under Fictitious Names by Jazmine Johnson, Adriana Ramirez, Jane Doe, Californians For Justice Education Fund, California Association of Community Organizations for Reform Now, Sonya Renee, Candice Johnson, Maribel Heredia, Jose Aldana, Mariel Rubio, Danielle Rubio, Guadalupe Gonzalez, Daisy Gonzalez. (Kini, Tara) (Filed on 2/6/2008)

Feb. 6, 2008 RECAP
56

Declaration of Jane Doe in Support of [40] Declaration in Support,,, [52] Brief,,, Declaration of Jane Doe in Support of Motion for Leave to Proceed Using Fictitious Names filed byJazmine Johnson, Adriana Ramirez, Jane Doe, Californians For Justice Education Fund, California Association of Community Organizations for Reform Now, Sonya Renee, Candice Johnson, Maribel Heredia, Jose Aldana, Mariel Rubio, Danielle Rubio, Guadalupe Gonzalez, Daisy Gonzalez. (Attachments: # (1) Declaration of N. Doe in Support of Motion for Leave to Proceed Using Fictitious Names, # (2) Declaration of Jane Doe in Support of Plaintiffs' Motion for Summary Judgment, # (3) Declaration of N. Doe in Support of Plaintiffs' Motion for Summary Judgment, # (4) Certificate of Service)(Related document(s)[40], [52]) (Kini, Tara) (Filed on 2/6/2008)

1 Declaration of N. Doe in Support of Motion for Leave to Proceed Using Fictitiou

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2 Declaration of Jane Doe in Support of Plaintiffs' Motion for Summary Judgm

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3 Declaration of N. Doe in Support of Plaintiffs' Motion for Summary Judgmen

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4 Certificate of Service

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Feb. 6, 2008 RECAP
57

ORDER TO PROCEED UNDER FICTITIOUS NAMES re [55] Proposed Order, filed by Daisy Gonzalez, Jazmine Johnson, Adriana Ramirez, Jose Aldana, Jane Doe, Danielle Rubio, California Association of Community Organizations for Reform Now, Californians For Justice Education Fund, Mariel Rubio, Guadalupe Gonzalez, Candice Johnson, Maribel Heredia, Sonya Renee. Signed by Judge Phyllis J. Hamilton on 2/8/08. (nah, COURT STAFF) (Filed on 2/8/2008)

Feb. 8, 2008 RECAP
58

ORDER re [39] Motion for Leave to Proceed Using Fictitious Names filed by Daisy Gonzalez, Jazmine Johnson, Adriana Ramirez, Jose Aldana, Jane Doe, Danielle Rubio, California Association of Community Organizations for Reform Now, Californians For Justice Education Fund, Mariel Rubio, Candice Johnson, Guadalupe Gonzalez, Sonya Renee, Maribel Heredia, [57] Order. Signed by Judge Phyllis J. Hamilton on 2/8/08. (nah, COURT STAFF) (Filed on 2/8/2008)

Feb. 8, 2008 RECAP
59

Cross MOTION for Summary Judgment filed by Margaret Spellings, United States Department of Eudcation. Motion Hearing set for 4/23/2008 09:00 AM in Courtroom 3, 17th Floor, San Francisco. (Attachments: # (1) Consolidated Memorandum in Support of Cross Motion for Summary Judgment and in Opposition to Plaintiffs' Motion for Summary Judgment, # (2) Proposed Order)(Hyde, Michael) (Filed on 2/15/2008)

1 Consolidated Memorandum in Support of Cross Motion for Summary Judgment and in

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2 Proposed Order

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Feb. 15, 2008 RECAP
60

CONSOLIDATED MEMORANDUM in Opposition to [51] Plaintiffs' Motion for Summary Judgment and in Support of Defendants' Cross Motion for Summary Judgment filed by Margaret Spellings, United States Department of Eudcation. (Attachments: # (1) Proposed Order)(Hyde, Michael) (Filed on 2/15/2008) Modified on 2/19/2008 (far, COURT STAFF).

1 Proposed Order

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Feb. 15, 2008 RECAP
61

MOTION for leave to appear in Pro Hac Vice of Donald B. Verrilli, Jr. ( Filing fee $ 210, receipt number 34611015882.) filed by Teach For America. (Attachments: # (1) Receipt)(far, COURT STAFF) (Filed on 2/15/2008)

1 Receipt

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Feb. 15, 2008 RECAP
62

Received Order re [61] MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 210, receipt number 34611015882.) by Teach For America. (far, COURT STAFF) (Filed on 2/15/2008) (far, COURT STAFF).

Feb. 15, 2008 RECAP
63

MOTION for Leave to File a Memorandum of Law in Support of Defendants' Memorandum of Points and Authorities in Opposition to Plaintiffs' Motion for Summary Judgment and Cross-Motion for Summary Judgment filed by Teach For America. (far, COURT STAFF) (Filed on 2/15/2008)

Feb. 15, 2008 PACER
64

AMICUS CURIAE BRIEF in Opposition to Plaintiff's Motion for Summary Judgment and in support of Defendant's Cross-Motion for Summary Judgment filed byTeach For America. (far, COURT STAFF) (Filed on 2/15/2008)

Feb. 15, 2008 PACER
65

INDEX OF EXHIBITS re [64] filed by Teach For America. (far, COURT STAFF) (Filed on 2/15/2008)

Feb. 15, 2008 RECAP
66

CLERK'S NOTICE re: Motion for Leave to File a Memorandum of Law [63], Brief [64] and Index of Exhibits [65] ; Documents E-Filed in a case not designated for ECF (far, COURT STAFF) (Filed on 2/19/2008)

Feb. 19, 2008 RECAP
67

ORDER DENYING MOTION FOR LEAVE TO FILE A MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT'S OPPOSITION TO PLAINTIFF'S MOTION FOR SUMMARY JUDGEMENT by Judge Phyllis J. Hamilton denying [63] Motion for Leave to File (nah, COURT STAFF) (Filed on 2/20/2008) (Additional attachment(s) added on 2/20/2008: # (1) Certificate of Service) (nah, COURT STAFF).

1 Certificate of Service

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Feb. 20, 2008 RECAP
68

STIPULATION OF DISMISSAL OF CLAIMS OF PLAINTIFF N. DOE and PROPOSED ORDER by Jazmine Johnson, Adriana Ramirez, Jane Doe, Californians For Justice Education Fund, California Association of Community Organizations for Reform Now, Sonya Renee, Candice Johnson, Maribel Heredia, Jose Aldana, Mariel Rubio, Danielle Rubio, Guadalupe Gonzalez, Daisy Gonzalez. (Kini, Tara) (Filed on 2/21/2008) Modified on 2/22/2008 (far, COURT STAFF).

Feb. 21, 2008 RECAP
69

STIPULATION AND ORDER of dismissal of claims of plaintiff N. Doe. Signed by Judge Phyllis J. Hamilton on 02/22/08. (rbe, COURT STAFF) (Filed on 2/22/2008)

Feb. 22, 2008 RECAP
70

CONSOLIDATED MEMORANDUM OF POINTS AND AUTHORITIES in Opposition to [59] Defendants' Cross Motion for Summary Judgment and REPLY IN SUPPORT OF [51] Plaintiffs' Motion for Summary Judgment and EXHIBITS in Support by Jazmine Johnson, Adriana Ramirez, Jane Doe, Californians For Justice Education Fund, California Association of Community Organizations for Reform Now, Sonya Renee, Candice Johnson, Maribel Heredia, Jose Aldana, Mariel Rubio, Danielle Rubio, Guadalupe Gonzalez, Daisy Gonzalez. (Attachments: # (1) Exhibit, # (2) Affidavit, # (3) Certificate of Service)(Kini, Tara) (Filed on 3/12/2008) Modified on 3/13/2008 (far, COURT STAFF).

1 Exhibit

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2 Affidavit

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3 Certificate of Service

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March 12, 2008 RECAP
71

STIPULATION Extending Time for Defendants to File a Reply in Favor of Their [59] Cross Motion for Summary Judgment by Margaret Spellings, United States Department of Eudcation. (Attachments: # (1) Attestation of Concurrence, # (2) Signature Page (Declarations/Stipulations), # (3) Certificate of Service)(Hyde, Michael) (Filed on 4/2/2008) Modified on 4/4/2008 (far, COURT STAFF).

1 Attestation of Concurrence

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2 Signature Page (Declarations/Stipulations)

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3 Certificate of Service

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April 2, 2008 RECAP
72

STIPULATION AND ORDER EXTENDING TIME FOR DEFENDANTS TO FILE A REPLY IN FAVOR OF THEIR CROSS MOTION FOR SUMMARY JUDGMENT re [71] Stipulation, filed by United States Department of Eudcation, Margaret Spellings. Signed by Judge Phyllis J. Hamilton on 4/3/08. (nah, COURT STAFF) (Filed on 4/3/2008)

April 3, 2008 RECAP
73

REPLY in Favor of [59] Cross MOTION for Summary Judgment filed byMargaret Spellings, United States Department of Eudcation. (Attachments: # (1) Affidavit Ex. A - Declaration of Michael Q. Hyde)(Hyde, Michael) (Filed on 4/4/2008) Modified on 4/7/2008 (far, COURT STAFF).

1 Affidavit Ex. A - Declaration of Michael Q. Hyde

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April 4, 2008 RECAP
74

REQUEST for Judicial Notice in Support of [51] Plaintiffs' Motion for Summary Judgment filed by Jazmine Johnson, Adriana Ramirez, Jane Doe, Californians For Justice Education Fund, California Association of Community Organizations for Reform Now, Sonya Renee, Candice Johnson, Maribel Heredia, Jose Aldana, Mariel Rubio, Danielle Rubio, Guadalupe Gonzalez, Daisy Gonzalez. (Kini, Tara) (Filed on 4/18/2008) Modified on 4/21/2008 (far, COURT STAFF).

April 18, 2008 RECAP
75

Minute Entry: Motion Hearing held on 4/23/2008 before Phyllis J. Hamilton re [59] Cross MOTION for Summary Judgment filed by United States Department of Eudcation, Margaret Spellings, [51] MOTION for Summary Judgment filed by Daisy Gonzalez, Jazmine Johnson, Adriana Ramirez, Jose Aldana, Jane Doe, Danielle Rubio, California Association of Community Organizations for Reform Now, Californians For Justice Education Fund, Mariel Rubio, Candice Johnson, Guadalupe Gonzalez, Sonya Renee, Maribel Heredia. (Court Reporter Jim Yeomans (415) 863-5179) (nah, COURT STAFF) (Date Filed: 4/23/2008) Modified on 4/23/2008 (far, COURT STAFF).

April 23, 2008 RECAP
76

ORDER by Judge Hamilton denying [51] Motion for Summary Judgment; granting [59] Motion for Summary Judgment (pjhlc1, COURT STAFF) (Filed on 6/17/2008)

June 17, 2008 RECAP
77

STIPULATION of Parties Regarding Entry of Proposed Judgment by Margaret Spellings, United States Department of Eudcation. (Attachments: # (1) Attestation of Concurrence to File, # (2) Signature Page (Declarations/Stipulations) Plaintiffs' Signature Page, # (3) Certificate of Service)(Hyde, Michael) (Filed on 7/1/2008)

1 Attestation of Concurrence to File

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2 Signature Page (Declarations/Stipulations) Plaintiffs' Signature Page

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3 Certificate of Service

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July 1, 2008 RECAP
78

STIPULATION AND FINAL JUDGMENT, ***Civil Case Terminated. Signed by Judge Phyllis J. Hamilton on 7/2/08. (nah, COURT STAFF) (Filed on 7/2/2008)

July 2, 2008 RECAP
79

NOTICE OF APPEAL as to [78] Judgment, Terminated Case, [76] Order on Motion for Summary Judgment by Jazmine Johnson, Adriana Ramirez, Jane Doe, Californians For Justice Education Fund, California Association of Community Organizations for Reform Now, Sonya Renee, Candice Johnson, Maribel Heredia, Jose Aldana, Mariel Rubio, Danielle Rubio, Guadalupe Gonzalez, Daisy Gonzalez. Filing fee $ 455, Receipt Number 34611021441. (far, COURT STAFF) (Filed on 7/18/2008)

July 18, 2008 RECAP
80

Copy of Notice of Appeal and Docket sheet mailed to all counsel (Attachments: # (1) Docket Sheet)(far, COURT STAFF) (Filed on 7/21/2008)

1 Docket Sheet

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July 21, 2008 RECAP
81

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re [79] Notice of Appeal, (far, COURT STAFF) (Filed on 7/21/2008) (Additional attachment(s) added on 7/21/2008: # (1) USCA Appeal Form, # (2) Notice of Appeal, # (3) Docket Sheet) (far, COURT STAFF).

1 USCA Appeal Form

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2 Notice of Appeal

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3 Docket Sheet

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July 21, 2008 RECAP
82

USCA Case Number 08-16661 for [79] Notice of Appeal, filed by Daisy Gonzalez, Jazmine Johnson, Adriana Ramirez, Jose Aldana, Jane Doe, Danielle Rubio, California Association of Community Organizations for Reform Now, Californians For Justice Education Fund, Mariel Rubio, Candice Johnson, Guadalupe Gonzalez, Sonya Renee, Maribel Heredia. (rcs, COURT STAFF) (Filed on 7/29/2008)

July 29, 2008 RECAP
83

Transcript of Proceedings held on 04/23/08, before Judge Phyllis J. Hamilton. Court Reporter/Transcriber James Yeomans, Telephone number (415) 863-5179. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Release of Transcript Restriction set for 10/24/2008. (jjy, COURT STAFF) (Filed on 7/29/2008)

July 29, 2008 PACER
84

ORDER of USCA re [79] Notice of Appeal, filed by Daisy Gonzalez, Jazmine Johnson, Adriana Ramirez, Jose Aldana, Jane Doe, Danielle Rubio, California Association of Community Organizations for Reform Now, Californians For Justice Education Fund, Mariel Rubio, Candice Johnson, Guadalupe Gonzalez, Sonya Renee, Maribel Heredia (far, COURT STAFF) (Filed on 8/29/2008)

Aug. 29, 2008 RECAP
85

ORDER of USCA as to 79 Notice of Appeal, filed by Daisy Gonzalez, Jazmine Johnson, Adriana Ramirez, Jose Aldana, Jane Doe, Danielle Rubio, California Association of Community Organizations for Reform Now, Californians For Justice Education Fund, Mariel Rubio, Candice Johnson, Guadalupe Gonzalez, Sonya Renee, Maribel Heredia (far, COURT STAFF) (Filed on 10/16/2008) (Entered: 10/16/2008)

Oct. 16, 2008
86

Certificate of Record Mailed to USCA re appeal 79 Notice of Appeal (far, COURT STAFF) (Filed on 10/21/2008) (Entered: 10/21/2008)

Oct. 21, 2008
87

ORDER of USCA re 79 Notice of Appeal, filed by Daisy Gonzalez, Jazmine Johnson, Adriana Ramirez, Jose Aldana, Jane Doe, Danielle Rubio, California Association of Community Organizations for Reform Now, Californians For Justice Education Fund, Mariel Rubio, Candice Johnson, Guadalupe Gonzalez, Sonya Renee, Maribel Heredia (far, COURT STAFF) (Filed on 10/29/2008) (Entered: 10/29/2008)

Oct. 29, 2008
88

USCA OPINION as to 79 Notice of Appeal, filed by Daisy Gonzalez, Jazmine Johnson, Adriana Ramirez, Jose Aldana, Jane Doe, Danielle Rubio, California Association of Community Organizations for Reform Now, Californians For Justice Education Fund, Mariel Rubio, Candice Johnson, Guadalupe Gonzalez, Sonya Renee, Maribel Heredia (far, COURT STAFF) (Filed on 8/19/2009) (Entered: 08/19/2009)

Aug. 19, 2009
90

ORDER of USCA as to 79 Notice of Appeal, filed by Daisy Gonzalez, Jazmine Johnson, Adriana Ramirez, Jose Aldana, Jane Doe, Danielle Rubio, California Association of Community Organizations for Reform Now, Californians For Justice Education Fund, Mariel Rubio, Candice Johnson, Guadalupe Gonzalez, Sonya Renee, Maribel Heredia (far, COURT STAFF) (Filed on 9/14/2009) (Entered: 09/14/2009)

Sept. 14, 2009
91

ORDER and Opinion of USCA as to 79 Notice of Appeal (vlk, COURT STAFF) (Filed on 9/27/2010) (Entered: 09/28/2010)

Sept. 27, 2010
92

ORDER of USCA as to 79 Notice of Appeal, filed by Daisy Gonzalez, Jazmine Johnson, Adriana Ramirez, Jose Aldana, Jane Doe, Danielle Rubio, California Association of Community Organizations for Reform Now, Californians For Justice Education Fund, Mariel Rubio, Candice Johnson, Guadalupe Gonzalez, Sonya Renee, Maribel Heredia (vlk, COURT STAFF) (Filed on 10/13/2010) (Entered: 10/29/2010)

Oct. 13, 2010
93

ORDER of USCA: That appellant's motion for extension of time to respond to petition for rehearing en banc is GRANTED, as to 79 Notice of Appeal USCA No. 08−16661. (jlm, COURT STAFF) (Filed on 10/21/2010) (Entered: 11/18/2010)

Oct. 21, 2010
94

ORDER of USCA as to 79 Notice of Appeal, filed by Daisy Gonzalez, Jazmine Johnson, Adriana Ramirez, Jose Aldana, Jane Doe, Danielle Rubio, California Association of Community Organizations for Reform Now, Californians For Justice Education Fund, Mariel Rubio, Candice Johnson, Guadalupe Gonzalez, Sonya Renee, Maribel Heredia (vlk, COURT STAFF) (Filed on 2/16/2011) (Entered: 03/02/2011)

Feb. 16, 2011
95

ORDER of USCA as to 79 Notice of Appeal granting motion for extension of time to file supplemental brief (vlk, COURT STAFF) (Filed on 3/14/2011) (Entered: 03/21/2011)

March 14, 2011
96

MANDATE of USCA as to 79 Notice of Appeal, filed by Daisy Gonzalez, Jazmine Johnson, Adriana Ramirez, Jose Aldana, Jane Doe, Danielle Rubio, California Association of Community Organizations for Reform Now, Californians For Justice Education Fund, Mariel Rubio, Candice Johnson, Guadalupe Gonzalez, Sonya Renee, Maribel Heredia (vlk, COURT STAFF) (Filed on 7/5/2012) (Entered: 12/10/2012)

July 5, 2012

State / Territory: California

Case Type(s):

Education

Key Dates

Filing Date: Aug. 21, 2007

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Parents and students of California School Districts and nonprofit organizations dedicated to educational equality

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States Department of Education (Washington), Federal

Defendant Type(s):

Elementary/Secondary School

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Declaratory Judgment Act, 28 U.S.C. § 2201

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Staff (number, training, qualifications, wages)