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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 attrorneys, 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

3:05-cv-04077

Docket

July 1, 2015

July 1, 2015

Docket
1

3:05-cv-04077

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

Oct. 11, 2005

Oct. 11, 2005

Complaint
84

3:05-cv-04077

Request for Dismissal with Prejudice and Order

April 16, 2007

April 16, 2007

Order/Opinion

Legal Advisory for K.C. Settlement Agreement

No Court

April 15, 2011

April 15, 2011

Press Release
124

3:05-cv-04077

Order Denying Plaintiffs' Motion For Attorneys' Fees and Expenses

K.C. v. Tom Torlakson

April 20, 2012

April 20, 2012

Order/Opinion

Updated Legal Advisory for K.C. Settlement Agreement

[No case name]

No Court

Nov. 6, 2013

Nov. 6, 2013

Settlement Agreement
23-1

0:12-16178

Opinion

K.C. v. Tom Torlakson

U. S. Court of Appeals for the Ninth Circuit

Aug. 11, 2014

Aug. 11, 2014

Order/Opinion
153

3:05-cv-04077

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

March 20, 2015

Order/Opinion
176

3:05-cv-04077

Request for Dismissal With Prejudice

K.C. v. Torlakson

June 29, 2015

June 29, 2015

Pleading / Motion / Brief
177

3:05-cv-04077

Dismissal With Prejudice

July 1, 2015

July 1, 2015

Order/Opinion

Docket

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

Last updated Nov. 2, 2022, 3:17 a.m.

ECF Number Description Date Link Date / Link
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

Oct. 11, 2005

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

Oct. 11, 2005

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

Oct. 11, 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

Oct. 11, 2005

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

Oct. 27, 2005

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

Nov. 2, 2005

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

Nov. 2, 2005

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

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

Nov. 2, 2005

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

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

Nov. 2, 2005

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

Nov. 2, 2005

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

Nov. 2, 2005

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

Nov. 2, 2005

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

Nov. 2, 2005

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

Nov. 2, 2005

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

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

Nov. 2, 2005

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

Nov. 2, 2005

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

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

Nov. 2, 2005

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

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

Nov. 2, 2005

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

Nov. 2, 2005

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

Nov. 2, 2005

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

Nov. 22, 2005

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

Nov. 28, 2005

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

Jan. 5, 2006

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

Jan. 5, 2006

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

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

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

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)

Feb. 15, 2006

Feb. 15, 2006

RECAP
33

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

Feb. 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

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

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)

March 23, 2006

March 23, 2006

RECAP
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

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

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

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

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

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)

April 21, 2006

April 21, 2006

RECAP
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

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)

May 18, 2006

May 18, 2006

RECAP
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

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

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

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

June 15, 2006

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

June 16, 2006

RECAP
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

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

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

June 30, 2006

52

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

Aug. 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

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)

Aug. 14, 2006

Aug. 14, 2006

RECAP
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

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

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

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)

Oct. 16, 2006

Oct. 16, 2006

RECAP
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

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

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

Jan. 12, 2007

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

Jan. 16, 2007

RECAP
63

Memorandum in Opposition re 46 MOTION to Dismiss filed byK. C.. (Attachments: # 1 Certificate of Service)(Wood, James) (Filed on 2/16/2007) (Entered: 02/16/2007)

Feb. 16, 2007

Feb. 16, 2007

64

Letter from Plaintiffs' Counsel to The Honorable Maxine M. Chesney . (Philpot, Kenneth) (Filed on 2/22/2007) (Entered: 02/22/2007)

Feb. 22, 2007

Feb. 22, 2007

65

NOTICE by M. C., K. F., K. C., American Diabetes Association, A. A. NOTICE OF DISMISSAL BY PLAINTIFF (Rule 41(a)(1)F.R.Civ.P.) (Philpot, Kenneth) (Filed on 2/22/2007) (Entered: 02/22/2007)

Feb. 22, 2007

Feb. 22, 2007

66

STIPULATION EXTENDING DEADLINE FOR DEFENDANT CALIFORNIA DEPARTMENT OF EDUCATION TO FILE A MOTION TO DISMISS by M. C., K. F., K. C., American Diabetes Association, A. A.. (Philpot, Kenneth) (Filed on 2/22/2007) (Entered: 02/22/2007)

Feb. 22, 2007

Feb. 22, 2007

67

Proposed Order re 66 Stipulation EXTENDING DEADLINE by M. C., K. F., K. C., American Diabetes Association, A. A.. (Philpot, Kenneth) (Filed on 2/22/2007) (Entered: 02/22/2007)

Feb. 22, 2007

Feb. 22, 2007

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

Feb. 23, 2007

RECAP
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

Feb. 23, 2007

RECAP
70

Reply to 63 Opposition to Motion to Dismiss filed byFremont Unified School District. (Edrington, Peter) (Filed on 2/23/2007) Modified on 2/26/2007 (aaa, Court Staff). (Entered: 02/23/2007)

Feb. 23, 2007

Feb. 23, 2007

71

Declaration of Valerie Williams in Support of 70 Reply to Opposition to Motion to Dismiss filed byFremont Unified School District. (Related document(s) 70 ) (Edrington, Peter) (Filed on 2/23/2007) (Entered: 02/23/2007)

Feb. 23, 2007

Feb. 23, 2007

72

STIPULATION EXTENDING DEADLINE FOR DEFENDANT SAN RAMON VALLEY UNIFIED SCHOOL DISTRICT TO FILE A MOTION TO DISMISS by M. C., K. F., K. C., American Diabetes Association, A. A.. (Wood, James) (Filed on 2/23/2007) (Entered: 02/23/2007)

Feb. 23, 2007

Feb. 23, 2007

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

Feb. 26, 2007

RECAP
74

MOTION for Leave to File Plaintiffs' Surreply To Fremont Unified School District's Motion To Dismiss filed by K. C.. Motion Hearing set for 3/9/2007 09:00 AM in Courtroom 7, 19th Floor, San Francisco. (Wood, James) (Filed on 3/5/2007) (Entered: 03/05/2007)

March 5, 2007

March 5, 2007

75

Memorandum in Opposition Plaintiffs' Surreply To Fremont Unified School District's 46 Motion To Dismiss filed byK. C.. (Wood, James) (Filed on 3/5/2007) Modified on 3/6/2007 (aaa, Court Staff). (Entered: 03/05/2007)

March 5, 2007

March 5, 2007

76

AFFIDAVIT in Opposition re 74 MOTION for Leave to File Plaintiffs' Surreply To Fremont Unified School District's Motion To Dismiss Declaration of Kenneth J. Philpot In Support of Plaintiffs' Surreply To Defendant's Motion To Dismiss filed byK. C.. (Wood, James) (Filed on 3/5/2007) (Entered: 03/05/2007)

March 5, 2007

March 5, 2007

77

AFFIDAVIT in Opposition re 74 MOTION for Leave to File Plaintiffs' Surreply To Fremont Unified School District's Motion To Dismiss Declaration of Sheree F. In Support Of Plaintiffs' Surreply To Defendant's Motion To Dismiss filed byK. C..

March 5, 2007

March 5, 2007

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

March 8, 2007

RECAP
80

Letter from Kenneth J. Philpot of Reed Smith to The Honorable Maxine M. Chesney . (Philpot, Kenneth) (Filed on 3/12/2007) (Entered: 03/12/2007)

March 12, 2007

March 12, 2007

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

March 14, 2007

RECAP
82

NOTICE of Settlement As to 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 Only by M. C., K. C., American Diabetes Association, A. A. (Wood, James) (Filed on 4/5/2007) (Entered: 04/05/2007)

April 5, 2007

April 5, 2007

83

STIPULATION of Dismissal REQUEST FOR DISMISSAL WITH PREJUDICE AND [PROPOSED] ORDER by M. C., K. F., K. C., American Diabetes Association, A. A.. (Attachments: # 1 Exhibit A − Part 1 of 4# 2 Exhibit A − Part 2 of 4# 3 Exhibit A − Part 3 of 4# 4 Exhibit A − Part 4 of 4)(Philpot, Kenneth) (Filed on 4/12/2007) Modified on 4/13/2007 (aaa, Court Staff). (Entered: 04/12/2007)

April 12, 2007

April 12, 2007

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)

1 Exhibit A part 1

View on PACER

2 Exhibit A pt. 2

View on PACER

3 Exhibit A pt. 3

View on PACER

4 Exhibit A pt. 4

View on PACER

April 16, 2007

April 16, 2007

RECAP
85

NOTICE of Settlement as to Fremont Unified School District, et al. by K. C. (Wood, James) (Filed on 5/15/2007) (Entered: 05/15/2007)

May 15, 2007

May 15, 2007

86

NOTICE of Voluntary Dismissal with Prejudice by A. A. (Attachments: # 1 Proposed Order Order of Dismissal with Prejudice)(Wood, James) (Filed on 5/18/2007) (Entered: 05/18/2007)

May 18, 2007

May 18, 2007

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

May 21, 2007

RECAP
88

CLERK'S NOTICE Further Status Conference re−set for 6/15/2007 02:00 PM. (tl, COURT STAFF) (Filed on 5/31/2007) (Entered: 05/31/2007)

May 31, 2007

May 31, 2007

89

JOINT CASE MANAGEMENT STATEMENT AND PROPOSED ORDER filed by M. C., K. F., K. C., American Diabetes Association, A. A.. (Philpot, Kenneth) (Filed

June 8, 2007

June 8, 2007

91

STIPULATION AND [PROPOSED] ORDER Continuing Case Management Conference and Hearing Date by K. C. (Wood, James) (Filed on 7/19/2007) Modified on 7/20/2007 (aaa, Court Staff). (Entered: 07/19/2007)

July 19, 2007

July 19, 2007

92

Proposed Order re 91 Stipulation Continuing Case Management Conference and Hearing Date by K. C.. (Wood, James) (Filed on 7/19/2007) (Entered: 07/19/2007)

July 19, 2007

July 19, 2007

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

July 23, 2007

RECAP
94

NOTICE by K. C. Of Settlement as to Jack O'Connell; State Board of Education of the State of California; and California Department of Education Only (Wood, James) (Filed on 8/3/2007) (Entered: 08/03/2007)

Aug. 3, 2007

Aug. 3, 2007

95

NOTICE by K. C. Request For Dismissal With Prejudice and Order (Wood, James) (Filed on 8/3/2007) (Entered: 08/03/2007)

Aug. 3, 2007

Aug. 3, 2007

96

Proposed Order re 95 Notice (Other) of Dismissal with Prejudice by K. C.. (Wood, James) (Filed on 8/3/2007) (Entered: 08/03/2007)

Aug. 3, 2007

Aug. 3, 2007

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

Aug. 8, 2007

RECAP
98

NOTICE of Change of Address by Arlene Brynne Mayerson : NOTICE OF CHANGE OF ADDRESS FOR DREDF (Mayerson, Arlene) (Filed on 12/9/2010) (Entered: 12/09/2010)

Dec. 9, 2010

Dec. 9, 2010

99

NOTICE of Appearance by Charlotte L. Lanvers :NOTICE OF APPEARANCE BY CHARLOTTE L. LANVERS AS ADDITIONAL COUNSEL FOR PLAINTIFFS (Lanvers, Charlotte) (Filed on 10/7/2011) (Entered: 10/07/2011)

Oct. 7, 2011

Oct. 7, 2011

100

NOTICE of Appearance by Donna Jean Brorby (Brorby, Donna) (Filed on 11/18/2011) (Entered: 11/18/2011)

Nov. 18, 2011

Nov. 18, 2011

Case Details

State / Territory: California

Case Type(s):

Education

Special Collection(s):

Multi-LexSum (in sample)

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