Case: K.C. v. O'Connell

3:05-cv-04077 | U.S. District Court for the Northern District of California

Filed Date: Oct. 11, 2005

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On October 11, 2005, students from various district of California public schools filed this class action suit, in conjunction with the American Diabetes Association, in the United States District Court of the Northern District of California. The suit was filed under Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act, and the Individuals with Disabilities Education Act against the California Department of Education and various school districts through…

On October 11, 2005, students from various district of California public schools filed this class action suit, in conjunction with the American Diabetes Association, in the United States District Court of the Northern District of California. The suit was filed under Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act, and the Individuals with Disabilities Education Act against the California Department of Education and various school districts throughout California. The plaintiffs, represented by private counsel as well as the Disability Rights Education & Defense Fund, asked the court for class action certification and an injunction compelling districts to provide all children with diabetes care to enable them to access education.

The plaintiffs claimed that the school districts, often not having a full-time nurse on duty, were not providing appropriate care and management of diabetes for students with the disease. The students, who often cannot administer or monitor their own glucose levels, were either made to change their physician-mandated medical plans due to the schools' lack of resources, miss large amounts of class time while waiting in the office for a family member to come to school to administer an insulin shot, or to miss school due to lack of resources for monitoring blood sugar and administering insulin shots, among other consequences. The plaintiffs claim that this denies them a free and appropriate education in the least restrictive environment possible due to a physical disability, violating the above statutes.

By August 2007, the plaintiffs had reached settlement agreements with various parties and had dismissed the complaints against the defendants. A 2007 Legal Advisory of the California Department of Education states that the settlement agreement, among other things, requires California public schools to provide management of diabetes and administer insulin in accordance with the child's physician's management plan. The 2007 Legal Advisory also notes that school placement cannot be based on the unwillingness of a school to provide for a child with diabetes and that plans must be individualized.

In an offshoot of this litigation, American Nurses Assn. v. Torlakson (ED-CA-0009), a group of nurses challenged the 2007 Legal Advisory as in violation of state law. A trial and appellate court agreed, but the California Supreme Court reversed, explaining that "California law does permit trained, unlicensed school personnel to administer prescription medications, including insulin, in accordance with written statements of individual students' treating physicians, with parental consent (Ed. Code §§ 49423, 49423.6; tit. 5 §§ 600-611.)..." American Nurses Association v. Tom Torlakson, 57 Cal.4th 570 (2013), 591. The settlement therefore survived that state court challenge.

On April 20, 2012, the District Court (Judge Maxime M. Chesney) denied a motion by the plaintiff for attorney's fees and expenses for ongoing monitoring of defendants' compliance on the grounds that the court lacked jurisdiction. 2012 WL 1380243. That decision was overturned by the United States Court of Appeals for the Ninth Circuit in an opinion by Judge Nguyen on August 11, 2014, which affirmed the District Court's jurisdiction over the matter and remanded to the District Court to decide whether or not to award attorneys' fees to the plaintiffs. 762 F.3d 963.

On remand, on March 20, 2015, Judge Chesney held that attorneys fees were appropriate; the parties then settled the fee issues and the case was dismissed on July 1, 2015.

Summary Authors

Claire Lally (10/9/2014)

Related Cases

American Nurses Assoc. v. Torlakson, California state trial court (2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5737780/parties/kc-v-oconnell/


Judge(s)

Chesney, Maxine M. (California)

Nguyen, Jacqueline Hong-Ngoc (California)

Spero, Joseph C. (California)

Watford, Paul J. (California)

Attorneys(s) for Plaintiff

Brorby, Donna (California)

Cummings, Larisa M. (California)

Flemming, Jayne E. (California)

Kearl, Kurtis J. (California)

Lanvers, Charlotte L. (District of Columbia)

Mayerson, Arlene Brynne (California)

Judge(s)

Chesney, Maxine M. (California)

Nguyen, Jacqueline Hong-Ngoc (California)

Spero, Joseph C. (California)

Watford, Paul J. (California)

Attorneys(s) for Plaintiff

Brorby, Donna (California)

Cummings, Larisa M. (California)

Flemming, Jayne E. (California)

Kearl, Kurtis J. (California)

Lanvers, Charlotte L. (District of Columbia)

Mayerson, Arlene Brynne (California)

McCabe, Michael Francis (California)

Philpot, Kenneth J. (California)

Wood, James M. (California)

Attorneys(s) for Defendant

Alberts, Katherine A. (California)

Edrington, Peter Pratt (California)

Lacy, Paul E. (California)

Leone, Louis A. (California)

Yajima, Ava Chikako (California)

Expert/Monitor/Master

Noonan, John T. Jr. (California)

Documents in the Clearinghouse

Document

Docket

July 1, 2015 Docket
1

Civil Rights Complaint for Declaratory and Injunctive Relief (Class Action)

Oct. 11, 2005 Complaint
84

Request for Dismissal with Prejudice and Order

April 16, 2007 Order/Opinion

Legal Advisory for K.C. Settlement Agreement

No Court

April 15, 2011 Press Release
124

Order Denying Plaintiffs' Motion For Attorneys' Fees and Expenses

K.C. v. Tom Torlakson

2012 WL 1380243

April 20, 2012 Order/Opinion

Updated Legal Advisory for K.C. Settlement Agreement

[No case name]

No Court

Nov. 6, 2013 Settlement Agreement
23-1

Opinion

K.C. v. Tom Torlakson

U. S. Court of Appeals for the Ninth Circuit

762 F.3d 963

Aug. 11, 2014 Order/Opinion
153

Order Granting in Part and Deferring in Part Ruling on Plaintiffs' Motion for Attorneys' Fees and Expenses

K.C.. v. O'Connell

March 20, 2015 Order/Opinion
176

Request for Dismissal With Prejudice

K.C. v. Torlakson

June 29, 2015 Pleading / Motion / Brief
177

Dismissal With Prejudice

July 1, 2015 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5737780/kc-v-oconnell/

Last updated May 12, 2022

ECF Number Description Date Link
26

STIPULATION AND ORDER continuing hearing on 5 motion for preliminary injunction from December 9, 2005 to January 27, 2006 at 9:00 a.m. Signed by Judge Maxine M. Chesney on 11/28/2005. (mmclc2, COURT STAFF) (Filed on 11/28/2005)

Nov. 28, 2005 RECAP
1

CIVIL RIGHTS COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF (CLASS ACTION) DEMAND FOR JURY TRIAL against Jack O'Connell, Ruth E. Green, Glee Johnson, Alan Bersin, Ruth Bloom, Yvonne Chan, Donald G. Fisher, Kenneth Noonan, Joe Nunez, Bonnie Reiss, Jonathan Williams, The Board of Education of the State of California, California Department of Education, Robert Kessler, Joan Buchanan, Nancy Petsuch, Bill Clarkson, Paul Gardner, Greg Marvel, Board of Trustees of the San Ramon Valley Unified School District, San Ramon Valley Unified School District, Douglas Gephart, Peggy Herndon, Larry Sweeney, Nina Moore, Guy Emanuele, Ivy Wu, Board of Trustees of the Fremont Unified School District, Fremont Unified School District ( Filing fee $ 250.00, receipt number 3377256.). Filed byM. C., K. F., K. C., American Diabetes Association, A. A. (aaa, Court Staff) (Filed on 10/11/2005) Additional attachment(s) added on 10/13/2005 (aaa, Court Staff). Additional attachment(s) added on 10/13/2005 (aaa, Court Staff). Additional attachment(s) added on 10/13/2005 (aaa, Court Staff). Additional attachment(s) added on 10/13/2005 (aaa, Court Staff). (Entered: 10/12/2005)

Oct. 11, 2005

Summons Issued as to Jack O'Connell, Ruth E. Green, Glee Johnson, Alan Bersin, Ruth Bloom, Yvonne Chan, Donald G. Fisher, Kenneth Noonan, Joe Nunez, Bonnie Reiss, Jonathan Williams, The Board of Education of the State of California, California Department of Education, Robert Kessler, Joan Buchanan, Nancy Petsuch, Bill Clarkson, Paul Gardner, Greg Marvel, Board of Trustees of the San Ramon Valley Unified School District, San Ramon Valley Unified School District, Douglas Gephart, Peggy Herndon, Larry Sweeney, Nina Moore, Guy Emanuele, Ivy Wu, Board of Trustees of the Fremont Unified School District, Fremont Unified School District. (aaa, Court Staff) (Filed on 10/11/2005) (Entered: 10/12/2005)

Oct. 11, 2005
28

STIPULATION AND ORDER continuing case management conference and hearing on 5 motion for preliminary injunction to March 3, 2006 at 9:00 a.m. Signed by Judge Maxine M. Chesney on 1/5/2006. (mmclc2, COURT STAFF) (Filed on 1/5/2006)

Jan. 5, 2006 RECAP
32

STIPULATION AND ORDER continuing case management conference and hearing on 5 motion for preliminary injunction to April 7, 2006 at 9:00 a.m. The parties shall file a joint case management statement no later than March 31, 2006. Signed by Judge Maxine M. Chesney on 2/15/2006. (mmclc2, COURT STAFF) (Filed on 2/15/2006)

Feb. 15, 2006 RECAP
2

Scheduling Order for Cases Asserting Denial of Right of Access under Americans with Disabilities Act. Signed by Judge Maxine M. Chesney on 10/11/05. (aaa, Court Staff) (Filed on 10/11/2005) (Entered: 10/12/2005)

Oct. 11, 2005

CASE DESIGNATED for Electronic Filing. (aaa, Court Staff) (Filed on 10/11/2005) (Entered: 10/12/2005)

Oct. 11, 2005
36

ORDER by Judge Maxine M. Chesney granting plaintiffs' request to withdraw 34 Motion for Preliminary Injunction, without prejudice. (mmclc2, COURT STAFF) (Filed on 3/23/2006)

March 23, 2006 RECAP
42

STIPULATION AND ORDER extending deadline, to May 19, 2006, for defendant to respond to complaint. Signed by Judge Maxine M. Chesney on 4/20/2006. (mmclc2, COURT STAFF) (Filed on 4/21/2006)

April 21, 2006 RECAP
4

CLERK'S NOTICE: This case is NOT related to C96−4179 TEH. (rbe, COURT STAFF) (Filed on 10/27/2005) (Entered: 10/27/2005)

Oct. 27, 2005
44

STIPULATION AND ORDER extending deadline from May 19, 2006 to June 16, 2006 for defendant San Ramon Valley Unified School District to respond to complaint. Signed by Judge Maxine M. Chesney on 5/18/2006. (mmclc2, COURT STAFF) (Filed on 5/18/2006)

May 18, 2006 RECAP
5

MOTION for Preliminary Injunction ; Memorandum of Points and Authorities in Support Thereof filed by M. C., K. F., K. C., American Diabetes Association, A. A.. Motion Hearing set for 12/9/2005 09:00 AM in Courtroom 7, 19th Floor, San Francisco. (Philpot, Kenneth) (Filed on 11/2/2005) (Entered: 11/02/2005)

Nov. 2, 2005
48

STIPULATION AND ORDER extending time for defendant San Ramon Valley Unified School District to respond to complaint to July 21, 2006. Signed by Judge Maxine M. Chesney on 6/15/2006. (mmclc2, COURT STAFF) (Filed on 6/16/2006)

June 16, 2006 RECAP
6

Appendix re 5 MOTION for Preliminary Injunction ; Memorandum of Points and Authorities in Support Thereof : Appendix of Administrative Authorities filed byM. C., K. F., K. C., American Diabetes Association, A. A.. (Attachments: # 1 Exhibit)(Related document(s) 5 ) (Philpot, Kenneth) (Filed on 11/2/2005) (Entered: 11/02/2005)

Nov. 2, 2005
54

STIPULATION AND ORDER extending deadline to November 1, 2006 for plaintiffs to name any additional plaintiffs; extending deadline to November 29, 2006 for defendants San Ramon and State of California to file motions to dismiss; continuing hearing on Fremont defendants' motion to dismiss from November 3, 2006 to December 8, 2006. Signed by Judge Maxine M. Chesney on 8/14/2006. (mmclc2, COURT STAFF) (Filed on 8/14/2006)

Aug. 14, 2006 RECAP
7

*** FILED IN ERROR. PLEASE SEE DOCKET # 8 . *** Declaration of Kurtis J. Kearl in Support if 5 Motion for Preliminary Injunction filed by M. C., K. F., K. C., American Diabetes Association, A. A.. Motion Hearing set for 12/9/2005 09:00 AM in Courtroom 7, 19th Floor, San Francisco. (Kearl, Kurtis) (Filed on 11/2/2005) Modified on 11/3/2005 (aaa, Court Staff). Modified on 11/3/2005 (ewn, COURT STAFF). (Entered: 11/02/2005)

Nov. 2, 2005
8

Declaration of Kurtis J. Kearl in Support of 5 MOTION for Preliminary Injunction ; Memorandum of Points and Authorities in Support Thereof CORRECTION OF DOCKET #7 filed byM. C., K. F., K. C., American Diabetes Association, A. A.. (Related document(s) 5 ) (Kearl, Kurtis) (Filed on 11/2/2005) (Entered: 11/02/2005)

Nov. 2, 2005
58

STIPULATION AND ORDER extending to January 30, 2007 deadline for plaintiffs to name additional plaintiffs; extending to February 27, 2007 deadline for defendants San Ramon and State of California to file motions to dismiss; continuing from December 8, 2006 to March 9, 2007 at 9:00 a.m. the hearing on 46 Fremont defendants' motion to dismiss. Signed by Judge Maxine M. Chesney on 10/16/2006. (mmclc2, COURT STAFF) (Filed on 10/16/2006)

Oct. 16, 2006 RECAP
62

PRETRIAL PREPARATION ORDER. Signed by Judge Maxine M. Chesney on 1/16/2007. (tl, COURT STAFF) (Filed on 1/16/2007)

Jan. 16, 2007 RECAP
9

Request for Judicial Notice re 5 MOTION for Preliminary Injunction ; Memorandum of Points and Authorities in Support Thereof filed byM. C., K. F., K. C., American Diabetes Association, A. A.. (Attachments: # 1 Exhibit Part 1 of 9# 2 Exhibit Part 2 of 9# 3 Exhibit Part 3 of 9# 4 Exhibit Part 4 of 9# 5 Exhibit Part 5 of 9# 6 Exhibit Part 6 of 9# 7 Exhibit Part 7 of 9# 8 Exhibit Part 8 of 9# 9 Exhibit Part 9 of 9)(Related document(s) 5 ) (Philpot, Kenneth) (Filed on 11/2/2005) (Entered: 11/02/2005)

Nov. 2, 2005
10

Proposed Order re 5 MOTION for Preliminary Injunction ; Memorandum of Points and Authorities in Support Thereof by M. C., K. F., K. C., American Diabetes Association, A. A.. (Philpot, Kenneth) (Filed on 11/2/2005) (Entered: 11/02/2005)

Nov. 2, 2005
68

ORDER dismissing defendants Green, Johnson, Bersin, Bloom, Chan, Fisher, Noonan, Nunez, Reiss and Williams. Signed by Judge Maxine M. Chesney on 2/23/2007. (mmclc2, COURT STAFF) (Filed on 2/23/2007)

Feb. 23, 2007 RECAP
11

*** FILED IN ERROR. PLEASE SEE DOCKET # 18 . *** Declaration of Barbara W. in Support of 5 MOTION for Preliminary Injunction ; Memorandum of Points and Authorities in Support Thereof filed byM. C., K. F., K. C., American Diabetes Association, A. A.. (Related document(s) 5 ) (Philpot, Kenneth) (Filed on 11/2/2005) Modified on 11/3/2005 (aaa, Court Staff). Modified on 11/3/2005 (ewn, COURT STAFF). (Entered: 11/02/2005)

Nov. 2, 2005
69

STIPULATION AND ORDER extending deadline to April 15, 2007 for defendant California Department of Education to file motion to dismiss. Signed by Judge Maxine M. Chesney on 2/23/2007. (mmclc2, COURT STAFF) (Filed on 2/23/2007)

Feb. 23, 2007 RECAP
12

Declaration of Stacey A. in Support of 5 MOTION for Preliminary Injunction ; Memorandum of Points and Authorities in Support Thereof filed byM. C., K. F., K. C., American Diabetes Association, A. A.. (Related document(s) 5 ) (Philpot, Kenneth) (Filed on 11/2/2005) (Entered: 11/02/2005)

Nov. 2, 2005
73

STIPULATION AND ORDER extending deadline to April 15, 2007 for San Ramon defendants to file motion to dismiss. Signed by Judge Maxine M. Chesney on 2/26/2007. (mmclc2, COURT STAFF) (Filed on 2/26/2007)

Feb. 26, 2007 RECAP
13

Declaration of Laurie C. in Support of 5 MOTION for Preliminary Injunction ; Memorandum of Points and Authorities in Support Thereof filed byM. C., K. F., K. C., American Diabetes Association, A. A.. (Related document(s) 5 ) (Philpot, Kenneth) (Filed on 11/2/2005) (Entered: 11/02/2005)

Nov. 2, 2005
79

ORDER DISMISSING CASE without prejudice due to settlement; provided, however, that if any party hereto shall certify to this Court, within ninety days, with proof of service of a copy thereof on opposing counsel, that the agreed consideration for the settlement has not been delivered, the foregoing order shall stand vacated and the action shall forthwith be restored to the calendar to be set for trial. Signed by Judge Maxine M. Chesney on 3/8/2007. (mmclc2, COURT STAFF) (Filed on 3/8/2007)

March 8, 2007 RECAP
81

ORDER vacating 79 order of dismissal; continuing status conference from April 27, 2007 to June 15, 2007; continuing deadline for San Ramon and State defendants to file motions to dismiss from April 15, 2007 to June 15, 2007. Signed by Judge Maxine M. Chesney on 3/14/2007. (mmclc2, COURT STAFF) (Filed on 3/14/2007)

March 14, 2007 RECAP
14

Declaration of Laurie C. in Support of 5 MOTION for Preliminary Injunction ; Memorandum of Points and Authorities in Support Thereof − Supplemental Declaration filed byM. C., K. F., K. C., American Diabetes Association, A. A.. (Related document(s) 5 ) (Philpot, Kenneth) (Filed on 11/2/2005) (Entered: 11/02/2005)

Nov. 2, 2005
84

STIPULATION AND ORDER dismissing with prejudice defendants San Ramon Valley Unified School District, Board of Trustees of the San Ramon Valley Unified School District, Robert Kessler, Joan Buchanan, Rachel Hurd, Bill Clarkson, Paul Gardner, and Greg Marvel. Signed by Judge Maxine M. Chesney on 4/16/2007. (Attachments: # 1 Exhibit A part 1# 2 Exhibit A pt. 2# 3 Exhibit A pt. 3# 4 Exhibit A pt. 4)(mmclc2, COURT STAFF) (Filed on 4/16/2007)

April 16, 2007 RECAP
15

Declaration of Sheree F. in Support of 5 MOTION for Preliminary Injunction ; Memorandum of Points and Authorities in Support Thereof filed byM. C., K. F., K. C., American Diabetes Association, A. A.. (Related document(s) 5 ) (Philpot, Kenneth)

Nov. 2, 2005
87

ORDER dismissing with prejudice defendants Fremont Unified School District, Board of Trustees of the Fremont Unified School District, Douglas Gephart, Peggy Herndon, Larry Sweeney, Nina Moore, Guy Emanuele, and Ivy Wu. Signed by Judge Maxine M. Chesney on 5/21/2007. (mmclc2, COURT STAFF) (Filed on 5/21/2007)

May 21, 2007 RECAP
17

Declaration of Anna E. Sandstrom, M.D. in Support of 5 MOTION for Preliminary Injunction ; Memorandum of Points and Authorities in Support Thereof filed byM. C., K. F., K. C., American Diabetes Association, A. A.. (Related document(s) 5 ) (Philpot, Kenneth) (Filed on 11/2/2005) (Entered: 11/02/2005)

Nov. 2, 2005
18

Declaration of Erica C. in Support of 5 MOTION for Preliminary Injunction ; Memorandum of Points and Authorities in Support Thereof CORRECTION OF DOCKET # 11 filed byM. C., K. F., K. C., American Diabetes Association, A. A.. (Related document(s) 5 ) (Philpot, Kenneth) (Filed on 11/2/2005) (Entered: 11/02/2005)

Nov. 2, 2005
93

ORDER continuing case management conference from July 27, 2007 to August 24, 2007 at 10:30 a.m. Signed by Judge Maxine M. Chesney on 7/23/2007. (mmclc2, COURT STAFF) (Filed on 7/23/2007)

July 23, 2007 RECAP
19

Declaration of Francine Kaufman, M.D. in Support of 5 MOTION for Preliminary Injunction ; Memorandum of Points and Authorities in Support Thereof filed byM. C., K. F., K. C., American Diabetes Association, A. A.. (Related document(s) 5 ) (Philpot, Kenneth) (Filed on 11/2/2005) (Entered: 11/02/2005)

Nov. 2, 2005
97

ORDER dismissing with prejudice claims against defendants Jack O'Connell, in his official capacity as Superintendent of Public Schools for the State of California; the State Board of Education of the State of California; and the California Department of Education. Signed by Judge Maxine M. Chesney on 8/8/2007. (mmclc2, COURT STAFF) (Filed on 8/8/2007)

Aug. 8, 2007 RECAP
110

ORDER TO RESCHEDULE BRIEFING SCHEDULE DATES ON MOTION FOR ATTORNEYS FEES. Defendants' opposition shall be filed on or before January 4, 2012. Plaintiff's reply shall be filed on or before January 11, 2012. A hearing on the motion shall be conducted on January 27, 2012. Signed by Judge Maxine M. Chesney on December 15, 2011. (mmclc2, COURT STAFF) (Filed on 12/15/2011)

Dec. 15, 2011 RECAP
20

Declaration of James A. Stone in Support of 5 MOTION for Preliminary Injunction ; Memorandum of Points and Authorities in Support Thereof filed byM. C., K. F., K. C., American Diabetes Association, A. A.. (Related document(s) 5 ) (Philpot, Kenneth) (Filed on 11/2/2005) (Entered: 11/02/2005)

Nov. 2, 2005
21

DUPLICATE OF DOCKET NUMBER 11 Declaration of Barbara W. in Support of 5 MOTION for Preliminary Injunction ; Memorandum of Points and Authorities in Support Thereof filed byM. C., K. F., K. C., American Diabetes Association, A. A.. (Related document(s) 5 ) (Philpot, Kenneth) (Filed on 11/2/2005) Modified on 11/3/2005 (aaa, Court Staff). (Entered: 11/02/2005)

Nov. 2, 2005
114

ORDER DIRECTING DEFENDANTS TO LODGE CHAMBES COPY IN COMPLIANCE WITH GENERAL ORDER 45 AND THE COURT'S STANDING ORDERS. Signed by Judge Maxine M. Chesney on January 18, 2012. (mmclc2, COURT STAFF) (Filed on 1/18/2012)

Jan. 18, 2012 RECAP
120

ORDER RE: PLAINTIFFS' MOTION TO FILE SUPPLEMENTAL MATERIAL. Plaintiffs shall file, no later than March 9, 2012, the revised supplemental memorandum attached as Exhibit A to plaintiffs' Reply in Support of Motion to File Supplemental Materi al. No later than March 23, 2012, defendants shall file their responsive memorandum, not to exceed five pages in length, at which time, unless the Court finds a hearing is necessary, the matter will stand submitted. Signed by Judge Maxine M. Chesney on March 7, 2012. (mmclc2, COURT STAFF) (Filed on 3/7/2012)

March 7, 2012 RECAP
22

Declaration of Tiffany D. in Support of 5 MOTION for Preliminary Injunction ; Memorandum of Points and Authorities in Support Thereof filed byM. C., K. F., K. C., American Diabetes Association, A. A.. (Related document(s) 5 ) (Philpot, Kenneth) (Filed on 11/2/2005) (Entered: 11/02/2005)

Nov. 2, 2005
23

Declaration of Lynn T. in Support of 5 MOTION for Preliminary Injunction ; Memorandum of Points and Authorities in Support Thereof filed byM. C., K. F., K. C., American Diabetes Association, A. A.. (Related document(s) 5 ) (Philpot, Kenneth) (Filed on 11/2/2005) (Entered: 11/02/2005)

Nov. 2, 2005
123

SECOND ORDER DIRECTING DEFENDANTS TO SUBMIT CHAMBERS COPY IN COMPLIANCE WITH GENERAL ORDER 45 AND THE COURT'S STANDING ORDERS. Signed by Judge Maxine M. Chesney on March 26, 2012. (mmclc2, COURT STAFF) (Filed on 3/26/2012)

March 26, 2012 RECAP
24

CERTIFICATE OF SERVICE by M. C., K. F., K. C., American Diabetes Association, A. A. re 5 MOTION for Preliminary Injunction ; Memorandum of Points and Authorities in Support Thereof (Philpot, Kenneth) (Filed on 11/2/2005) (Entered: 11/02/2005)

Nov. 2, 2005
124

ORDER DENYING 101 PLAINTIFFS' MOTION FOR ATTORNEYS' FEES AND EXPENSES. Signed by Judge Maxine M. Chesney on April 20, 2012. (mmcsec, COURT STAFF) (Filed on 4/20/2012)

April 20, 2012 RECAP

Docket Number re 11 Declaration of Erica C. in Support, was erroneously e−filed the true attachment is a Declaration of Barbara W. 7 First MOTION for Preliminary Injunction Declaration of Kurtis J. Kearl in Support, was erroneously e−filed the true attachment is a Declaration of Kurtis J. Kearl 21 Declaration Barbara W. in Support, was erroneously e−filed as a duplicate of Docket number 11 . The civil docket has been corrected to reflect the true attachments and the erroneous 7 Motion has been terminated. (aaa, Court Staff) (Filed on 11/2/2005) (Entered: 11/03/2005)

Nov. 2, 2005
138

ORDER SETTING CASE MANAGEMENT CONFERENCE A case management conference is set for December 12, 2014 at 10:30 a.m. A joint case management conference statement shall be filed no later than December 5, 2014. Signed by Judge Maxine M. Chesney on October 29, 2014. (mmclc2, COURT STAFF) (Filed on 10/29/2014)

Oct. 29, 2014 RECAP
25

STIPULATION AND [PROPOSED] ORDER VACATING HEARING DATE by M. C., K. F., K. C., American Diabetes Association, A. A.. (Kearl, Kurtis) (Filed on 11/22/2005) Modified on 11/23/2005 (aaa, Court Staff). (Entered: 11/22/2005)

Nov. 22, 2005
142

ORDER DIRECTING ALL PARTIES TO APPEAR BY TELEPHONE AT SCHEDULING CONFERENCE All parties shall appear via telephone at the Scheduling Conference on December 12, 2014. Signed by Judge Maxine M. Chesney on December 10, 2014. (mmclc2, COURT STAFF) (Filed on 12/10/2014)

Dec. 10, 2014 RECAP
26

STIPULATION AND ORDER continuing hearing on 5 motion for preliminary injunction from December 9, 2005 to January 27, 2006 at 9:00 a.m. Signed by Judge Maxine M. Chesney on 11/28/2005. (mmclc2, COURT STAFF) (Filed on 11/28/2005) (Entered: 11/28/2005)

Nov. 28, 2005
145

ORDER ON SUPPLEMENTAL JOINT CASE MANAGEMENT STATEMENT The supplemental joint case management statement, Dkt. No. 144, is approved as the Case Management Order for this case and all parties shall comply with its provisions. Signed by Judge Maxine M. Chesney on January 5, 2015. (mmclc2, COURT STAFF) (Filed on 1/5/2015)

Jan. 5, 2015 RECAP
27

STIPULATION VACATING AND CONTINUING CASE MANAGEMENT CONFERENCE, INITIAL DISCLOSURE DEADLINE AND PRELIMINARY INJUNCTION HEARING DATE AND [PROPOSED] ORDER by M. C., K. F., K. C., American Diabetes Association, A. A.. (Wood, James) (Filed on 1/5/2006) (Entered: 01/05/2006)

Jan. 5, 2006
153

ORDER GRANTING IN PART AND DEFERRING IN PART RULING ON PLAINTIFFS' MOTION FOR ATTORNEYS' FEES AND EXPENSES The Court finds plaintiffs are entitled to an award of reasonable attorneys' fees and costs incurred for monitoring compl iance with the parties' settlement agreement, and grants plaintiffs' motion to said extent. The Court defers ruling on the amount of such award, and the parties are directed to submit to the Court, no later than April 17, 2015, a proposed form of order setting forth the parameters of the Court's reference of the matter to a Magistrate Judge for the purpose of overseeing the parties' discussions as to resolution of the remaining issue. Signed by Judge Maxine M. Chesney on March 20, 2015. (mmclc2, COURT STAFF) (Filed on 3/20/2015)

March 20, 2015 RECAP
28

STIPULATION AND ORDER continuing case management conference and hearing on 5 motion for preliminary injunction to March 3, 2006 at 9:00 a.m. Signed by Judge Maxine M. Chesney on 1/5/2006. (mmclc2, COURT STAFF) (Filed on 1/5/2006) (Entered: 01/05/2006)

Jan. 5, 2006
162

ORDER DENYING MOTION FOR LEAVE TO FILE MOTION FOR RECONSIDERATION the State Defendants' motion for leave to file a motion for reconsideration is denied. Signed by Judge Maxine M. Chesney on April 21, 2015. (mmclc2, COURT STAFF) (Filed on 4/21/2015)

April 21, 2015 RECAP

Set Deadlines/Hearings: Case Management Conference Continued for 3/3/2006 09:00 AM. Re 28 Stipulation Order (aaa, Court Staff) (Filed on 1/9/2006) (Entered: 01/09/2006)

Jan. 9, 2006
164

ORDER DIRECTING ALL PARTIES TO APPEAR BY TELEPHONE AT APRIL 24, 2015 CASE MANAGEMENT CONFERENCE Signed by Judge Maxine M. Chesney on April 22, 2015. (mmclc2, COURT STAFF) (Filed on 4/22/2015)

April 22, 2015 RECAP
165

ORDER REFERRING MATTER TO MAGISTRATE This matter is referred to Magistrate Judge Joseph C. Spero for the purpose of overseeing the parties' process towards resolving the amount of reasonable attorneys' fees and costs incurred fo r monitoring compliance with the express terms of the parties' settlement agreement and their reasonable attorneys' fees and expenses for the work necessary in this Court and the Ninth Circuit to resolve this motion forfees. Signed by Judge Maxine M. Chesney on April 24, 2015. (mmclc2, COURT STAFF) (Filed on 4/24/2015)

April 24, 2015 RECAP

Set/Reset Deadlines as to 5 MOTION for Preliminary Injunction ; Memorandum of Points and Authorities in Support Thereof . Motion Hearing set for 3/3/2006 09:00 AM. Re 28 Stipulation and Order (aaa, Court Staff) (Filed on 1/9/2006) (Entered: 01/09/2006)

Jan. 9, 2006
171

ORDER ON JOINT STIPULATION RE: FINAL JUDGMENT BY MAGISTRATE JUDGE SPERO; ORDER OF REFERENCE The Clerk of Court is directed to reassign the matter to Magistrate Judge Joseph C. Spero for all further proceedings and entry of judgment on the issue of attorneys' fees. Signed by Judge Maxine M. Chesney on May 8, 2015. (mmclc2, COURT STAFF) (Filed on 5/8/2015)

May 8, 2015 RECAP
29

NOTICE by K. C. re 28 Stipulation and Order Notice of Entry of Order (Wood, James) (Filed on 1/10/2006) (Entered: 01/10/2006)

Jan. 10, 2006
30

STIPULATION and [PROPOSED] ORDER Vacating and Continuing Case Management Conference and Hearing Date by K. C.. (Wood, James) (Filed on 2/15/2006) Modified on 2/23/2006 (aaa, Court Staff). (Entered: 02/15/2006)

Feb. 15, 2006
31

Proposed Order re 30 Stipulation Vacating and Continuing Case Management Conference and Hearing Date by K. C.. (Wood, James) (Filed on 2/15/2006) (Entered: 02/15/2006)

Feb. 15, 2006
32

STIPULATION AND ORDER continuing case management conference and hearing on 5 motion for preliminary injunction to April 7, 2006 at 9:00 a.m. The parties shall file a joint case management statement no later than March 31, 2006. Signed by Judge Maxine M. Chesney on 2/15/2006. (mmclc2, COURT STAFF) (Filed on 2/15/2006) (Entered: 02/15/2006)

Feb. 15, 2006

Set/Reset Deadlines as to 5 MOTION for Preliminary Injunction ; Memorandum of Points and Authorities in Support Thereof . Motion Hearing Continued for 4/7/2006 09:00 AM. Re 32 Stipulation and Order (aaa, Court Staff) (Filed on 2/15/2006) (Entered: 02/23/2006)

Feb. 15, 2006

Set Deadlines/Hearings: A Joint Case Management Statement due by 3/31/2006. Case Management Conference Continued for 4/7/2006 09:00 AM. Re 32 Stipulation and Order (aaa, Court Staff) (Filed on 2/15/2006) (Entered: 02/23/2006)

Feb. 15, 2006
33

NOTICE by K. C. of Entry of Order (Wood, James) (Filed on 2/16/2006) (Entered: 02/16/2006)

Feb. 16, 2006
34

MOTION for Preliminary Injunction Pltfs' Request To Take Hearing Off Calendar filed by K. C.. Motion Hearing set for 4/7/2006 09:00 AM in Courtroom 7, 19th Floor, San Francisco. (Wood, James) (Filed on 3/23/2006) (Entered: 03/23/2006)

March 23, 2006
35

[Proposed] Order Re Pltfs' 34 Request To Take Hearing Off Calendar filed by K. C. Motion Hearing set for 4/7/2006 09:00 AM in Courtroom 7, 19th Floor, San Francisco. (Wood, James) (Filed on 3/23/2006) Modified on 3/24/2006 (aaa, Court Staff). (Entered: 03/23/2006)

March 23, 2006
36

ORDER by Judge Maxine M. Chesney granting plaintiffs' request to withdraw 34 Motion for Preliminary Injunction, without prejudice. (mmclc2, COURT STAFF) (Filed on 3/23/2006) (Entered: 03/23/2006)

March 23, 2006

Docket Number 35 Motion for Preliminary Injunction [Proposed] Order was erroneously e−filed the true attachment is a [Proposed] Order. The civil docket has been corrected to reflect the true attachment and the erroneous e−filed motion has been terminated. failure to hyper−link the civil docket has been corrected to reflect the hyper−link to the supporting document. (aaa, Court Staff) (Filed on 3/23/2006) (Entered: 03/24/2006)

March 23, 2006
37

NOTICE by K. C. re 36 Order on Motion for Preliminary Injunction,, Of Entry of Order Granting Plaintiff's Request To Take Off Calendar Their Hearing Re Preliminary Injunction, currently set for hearing on April 7, 2006 (Wood, James) (Filed on 3/27/2006) (Entered: 03/27/2006)

March 27, 2006
38

JOINT CASE MANAGEMENT STATEMENT AND PROPOSED ORDER filed by K. C.. (Wood, James) (Filed on 3/31/2006) (Entered: 03/31/2006)

March 31, 2006
39

REPORT of Rule 26(f) Planning Meeting Rule 26 F Disclosure of Plaintiffs . (Wood, James) (Filed on 3/31/2006) (Entered: 03/31/2006)

March 31, 2006
40

Minute Entry: Initial Case Management Conference held on 4/7/2006 before Maxine M. Chesney (Date Filed: 4/7/2006). Case Management Statement due by 6/16/2006. Further Case Management Conference set for 6/23/2006 10:30 AM. (Court Reporter Not Reported.) (tl, COURT STAFF) (Date Filed: 4/7/2006) (Entered: 04/07/2006)

April 7, 2006
41

STIPULATION Extending Time for Defendant San Ramon Valley Unified School District to Respond to Complaint by Robert Kessler, Joan Buchanan, Nancy Petsuch, Bill Clarkson, Paul Gardner, Greg Marvel, Board of Trustees of the San Ramon Valley Unified School District, San Ramon Valley Unified School District. (Leone, Louis) (Filed on 4/20/2006) (Entered: 04/20/2006)

April 20, 2006
42

STIPULATION AND ORDER extending deadline, to May 19, 2006, for defendant to respond to complaint. Signed by Judge Maxine M. Chesney on 4/20/2006. (mmclc2, COURT STAFF) (Filed on 4/21/2006) (Entered: 04/21/2006)

April 21, 2006
43

STIPULATION Extending Time for San Ramon Valley Unified School District defendants to Respond to Complaint by Robert Kessler, Joan Buchanan, Nancy Petsuch, Bill Clarkson, Paul Gardner, Greg Marvel, Board of Trustees of the San Ramon Valley Unified School District, San Ramon Valley Unified School District. (Alberts, Katherine) (Filed on 5/18/2006) (Entered: 05/18/2006)

May 18, 2006
44

STIPULATION AND ORDER extending deadline from May 19, 2006 to June 16, 2006 for defendant San Ramon Valley Unified School District to respond to complaint. Signed by Judge Maxine M. Chesney on 5/18/2006. (mmclc2, COURT STAFF) (Filed on 5/18/2006) (Entered: 05/18/2006)

May 18, 2006
45

MOTION to Dismiss Duplicative of docket number 46 filed by Douglas Gephart, Peggy Herndon, Larry Sweeney, Nina Moore, Guy Emanuele, Ivy Wu, Fremont Unified School District. Motion Hearing set for 8/4/2006 09:00 AM in Courtroom 7, 19th Floor, San Francisco. (Edrington, Peter) (Filed on 6/14/2006) Modified on 6/15/2006 (aaa, Court Staff). (Entered: 06/14/2006)

June 14, 2006
46

MOTION to Dismiss filed by Douglas Gephart, Peggy Herndon, Larry Sweeney, Nina Moore, Guy Emanuele, Ivy Wu, Fremont Unified School District. Motion Hearing set for 8/4/2006 09:00 AM in Courtroom 7, 19th Floor, San Francisco. (Attachments: # 1 # 2)(Edrington, Peter) (Filed on 6/14/2006) Modified on 6/15/2006 (aaa, Court Staff). With Memorandum of Points and Authorities in Support. (Entered: 06/14/2006)

June 14, 2006

Docket number re 45 MOTION to Dismiss was erroneously e−filed as duplicative of docket number 46 MOTION to Dismiss. Docket number 46 has a supporting document (Memorandum of Points & Authorities) attached which should have been e−filed as a separate document. Party erronously attached a duplicate of the motion to dismiss to docket number 46 as a supporting document. The civil docket has been corrected to reflect only one 46 Motion to dismiss. Docket number 45 Motion to Dismiss has been terminated as duplicative. (aaa, Court Staff) (Filed on 6/14/2006) (Entered: 06/15/2006)

June 14, 2006
47

STIPULATION Extending Time for Defendant San Ramon Valley Unified School District to Respond to Complaint by Robert Kessler, Joan Buchanan, Nancy Petsuch, Bill Clarkson, Paul Gardner, Greg Marvel, Board of Trustees of the San Ramon Valley Unified School District, San Ramon Valley Unified School District. (Alberts, Katherine) (Filed on 6/15/2006) (Entered: 06/15/2006)

June 15, 2006
49

JOINT CASE MANAGEMENT STATEMENT and Proposed Order filed by Jack O'Connell, The Board of Education of the State of California, California Department of Education, Robert Kessler, Joan Buchanan, Nancy Petsuch, Bill Clarkson, Paul Gardner, Greg Marvel, Board of Trustees of the San Ramon Valley Unified School District, San Ramon Valley Unified School District, Board of Trustees of the Fremont Unified School District, Fremont Unified School District. (Leone, Louis) (Filed on 6/16/2006) (Entered: 06/16/2006)

June 16, 2006
50

Minute Entry: Further Case Management Conference held on 6/23/2006 before Maxine M. Chesney (Date Filed: 6/23/2006). Amended Pleadings due by 9/1/2006. Motions of dismissal by defendants San Ramon and State of California due by 9/29/2006. Motion Hearing on Fremont defendants' motion to dismiss set for 11/3/2006 09:00 AM in Courtroom 7, 19th Floor, San Francisco. (Court Reporter Not Reported.) (tl, COURT STAFF) (Date Filed: 6/23/2006) (Entered: 06/23/2006)

June 23, 2006
51

AMENDED DOCUMENT by K. C.. AMENDED RULE 26 DISCLOSURE OF PLAINTIFFS . (Wood, James) (Filed on 6/30/2006) (Entered: 06/30/2006)

June 30, 2006
52

STIPULATION Extending Deadlines by K. C.. (Wood, James) (Filed on 8/11/2006) (Entered: 08/11/2006)

Aug. 11, 2006
53

Proposed Order re 52 Stipulation Extending Deadlines by K. C.. (Wood, James) (Filed on 8/11/2006) (Entered: 08/11/2006)

Aug. 11, 2006
54

STIPULATION AND ORDER extending deadline to November 1, 2006 for plaintiffs to name any additional plaintiffs; extending deadline to November 29, 2006 for defendants San Ramon and State of California to file motions to dismiss; continuing hearing on Fremont defendants' motion to dismiss from November 3, 2006 to December 8, 2006. Signed by Judge Maxine M. Chesney on 8/14/2006. (mmclc2, COURT STAFF) (Filed on 8/14/2006) (Entered: 08/14/2006)

Aug. 14, 2006
55

NOTICE by K. C. re 54 Stipulation and Order,, 53 Proposed Order, 52 Stipulation Notice of Entry of Order (Wood, James) (Filed on 9/12/2006) (Entered: 09/12/2006)

Sept. 12, 2006
56

STIPULATION EXTENDING DEADLINES by M. C., K. F., K. C., American Diabetes Association, A. A.. (Kearl, Kurtis) (Filed on 10/12/2006) (Entered: 10/12/2006)

Oct. 12, 2006
57

Proposed Order re 56 Stipulation Extending Deadlines by M. C., K. F., K. C., American Diabetes Association, A. A.. (Kearl, Kurtis) (Filed on 10/12/2006) (Entered: 10/12/2006)

Oct. 12, 2006
58

STIPULATION AND ORDER extending to January 30, 2007 deadline for plaintiffs to name additional plaintiffs; extending to February 27, 2007 deadline for defendants San Ramon and State of California to file motions to dismiss; continuing from December 8, 2006 to March 9, 2007 at 9:00 a.m. the hearing on 46 Fremont defendants' motion to dismiss. Signed by Judge Maxine M. Chesney on 10/16/2006. (mmclc2, COURT STAFF) (Filed on 10/16/2006) (Entered: 10/16/2006)

Oct. 16, 2006

Set/Reset Deadlines as to 46 MOTION to Dismiss. Motion Hearing Continued for 3/9/2007 09:00 AM. Re 58 Stipulation and Order (aaa, Court Staff) (Filed on 10/16/2006) (Entered: 10/17/2006)

Oct. 16, 2006
59

NOTICE by K. C. re 58 Stipulation and Order, Notice of Entry of Order (Wood, James) (Filed on 10/31/2006) (Entered: 10/31/2006)

Oct. 31, 2006
60

JOINT CASE MANAGEMENT STATEMENT and Proposed Order filed by K. C.. (Wood, James) (Filed on 1/5/2007) (Entered: 01/05/2007)

Jan. 5, 2007
61

Minute Entry: Further Case Management Conference held on 1/12/2007 before Maxine M.Chesney (Date Filed: 1/12/2007), Case referred to Private ADR.. Discovery due by 11/23/2007. Expert discovery due by 1/18/2008. Dispositive Motions due by 2/1/2008. Final Pretrial Conference set for 4/22/2008 03:00 PM. Jury Trial (15 days) set for 5/5/2008 09:00 AM in Courtroom 7, 19th Floor, San Francisco. Status Conference set for 4/27/2007 10:30 AM in Courtroom 7, 19th Floor, San Francisco, joint statement due by 4/20/2007. (Not Reported.) (tl, COURT STAFF) (Date Filed: 1/12/2007) (Entered: 01/12/2007)

Jan. 12, 2007

State / Territory: California

Case Type(s):

Education

Key Dates

Filing Date: Oct. 11, 2005

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Diabetic students in California public schools and the American Diabetes Association

Attorney Organizations:

Disability Rights Education & Defense Fund (DREDF)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

California Department of Education, State

San Ramon Valley Unified School District (San Ramon), School District

Fremont Unified School District (Fremont), School District

Defendant Type(s):

Elementary/Secondary School

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Indv. w/ Disab. Educ. Act (IDEA), Educ. of All Handcpd. Children Act , 20 U.S.C. § 1400

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Order Duration: 2007 - None

Content of Injunction:

Monitoring

Issues

General:

Individualized planning

Special education

Staff (number, training, qualifications, wages)

Disability:

disability, unspecified

Type of Facility:

Government-run