Case: Smiley v. California Department of Education

3:01-cv-01780 | U.S. District Court for the Northern District of California

Filed Date: May 8, 2001

Closed Date: 2004

Clearinghouse coding complete

Case Summary

On May 8, 2001, plaintiff students, by guardians ad litem and on behalf of all others similarly situated, and the Learning Disabilities Association of California, filed a class action complaint in the United States District Court for the Northern District of California against the California Department of Education ("CDE") and Fremont Unified School District ("FUSD"). The case proceeded under the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. ("the ADA"), the Rehabilitation Act of …

On May 8, 2001, plaintiff students, by guardians ad litem and on behalf of all others similarly situated, and the Learning Disabilities Association of California, filed a class action complaint in the United States District Court for the Northern District of California against the California Department of Education ("CDE") and Fremont Unified School District ("FUSD"). The case proceeded under the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. ("the ADA"), the Rehabilitation Act of 1973, 29 U.S.C. § 794, et seq., the Individuals with Disabilities Education Act, 20 U.S.C. § 1400, et seq. ("IDEA"), and the Due Process Clause of the Fourteenth Amendment of the U.S. Constitution; it sought to halt the administration of the CDE's High School Exit Exam ("the Exam"). Plaintiffs, represented by the Disability Rights Advocates and private counsel, asked the Court for injunctive relief to prevent the examinations from being administered, claiming that the Exam discriminated against students with disabilities because, inter alia, there was no alternate assessment procedure for requesting accommodations on the Exam or procedure for appealing denials of accommodation requests, and the Exam tested disabled students on material they had never been taught. On December 10, 2001, plaintiffs filed their first amended complaint; at this time, a different plaintiff was named as lead.

The District Court (District Judge Charles A. Breyer) granted plaintiffs' class certification on January 6, 2002. On Feb. 6, 2002, the District Court (Magistrate Judge Edward M. Chen) granted in part and denied in part plaintiffs' motion to compel. Chapman v. Cal. Dep't of Ed., No. 01-1780, 2002 WL 32854376 (N.D. Cal. Feb. 6, 2002). On February 21, 2002, the District Court (Judge Charles R. Breyer) granted plaintiffs' motion for preliminary injunction. Judge Breyer held that disabled students had standing to challenge the Exam under IDEA and the Rehabilitation Act; there was private right of action under IDEA; students were not required to exhaust administrative remedies; the likelihood of prevailing on merits requirement was satisfied; students satisfied irreparable injury requirement; and the state would be required to honor testing accommodations and alternate assessment provisions contained in student's Individualized Education Programs prepared under IDEA and plans under the Rehabilitation Act. Chapman v. Cal. Dep't of Ed., 229 F.Supp.2d 981 (N.D. Cal Feb. 21, 2002).

On March 19, 2002, CDE filed an appeal with the United States Court of Appeals for the Ninth Circuit. (On April 3, 2002, the District Court granted the parties' stipulation to dismiss without prejudice defendants Fremont Unified School District (FUSD); more claims were dismissed by the District Court on May 3 and May 7 2002.) On Sept. 4, 2002, the Ninth Circuit (Circuit Judges Cynthia Holcomb Hall, M. Margaret McKeown, and Richard R. Clifton) reversed in part and remanded with directions to dissolve certain portions of the preliminary injunction, with each party to bear its own costs on appeal. Smiley v. Cal. Dep't of Educ., 45 Fed. Appx. 780 (9th Cir. Sept. 4, 2002). The Court amended and reaffirmed this order on December 19, 2002. Smiley v. Cal. Dep't of Educ., 53 Fed.Appx. 474 (9th Cir. Dec. 19, 2002).

On December 20, 2002, plaintiffs filed their second (final) amended complaint, asking the court to determine that their action could be maintained as a class action; to grant a declaratory judgment that CDE had violated the ADA, the Rehabilitation Act, IDEA, and the United States Constitution; to issue a preliminary injunction to stay the administration of the Exam during Spring, 2002; to issue a permanent injunction requiring CDE to develop appropriate policies for handling requests for accommodation; and to award attorneys' fees and costs.

Instead, the District Court (District Judge Breyer) ordered dismissed as unripe all of plaintiffs' claims with the exception of plaintiffs' challenges under the IDEA, the ADA, and the Declaratory Judgment Act to the process for obtaining a waiver of the exit exam requirement on March 12, 2003. Then, on July 9, 2003, the nine members of the state Board of Education voted unanimously to eliminate the Exam as a graduation requirement for the class of 2004 but to reinstate it for the class of 2006. On Sept. 5, 2003, Judge Breyer held that students no longer had standing to challenge the process for obtaining a waiver of the test and ordered the matter dismissed without prejudice. Chapman v. Cal. Dep't of Educ., 2003 WL 22114264 (N.D. Cal Sept. 5, 2003). The case mostly concluded on September 8, 2003.

On April 7, 2004 Judge Breyer awarded plaintiffs $129,827.46 in attorneys' fees and costs, because they had substantially prevailed. In July 2005, they parties met for an additional settlement conference. Defendants were instructed to draft additional settlement documents, to be submitted to Magistrate Judge Spero with plaintiffs’ comments. Per the docket, no further action was taken, so the case is presumably closed.

Summary Authors

Heather Turner (6/6/2014)

Elise Coletta (3/15/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5720937/parties/smiley-v-california-department-of-education/


Judge(s)

Breyer, Charles R. (California)

Chen, Edward Milton (California)

Clifton, Richard R. (Hawaii)

Hall, Cynthia Holcomb (California)

McKeown, M. Margaret (California)

Spero, Joseph C. (California)

Attorneys(s) for Plaintiff

Aubrejuan, Alison (California)

Benedetti, Rhoda (California)

Cabraser, Elizabeth J. (California)

Cervantez, Eve Hedy (California)

Judge(s)

Breyer, Charles R. (California)

Chen, Edward Milton (California)

Clifton, Richard R. (Hawaii)

Hall, Cynthia Holcomb (California)

McKeown, M. Margaret (California)

Spero, Joseph C. (California)

Attorneys(s) for Plaintiff

Aubrejuan, Alison (California)

Benedetti, Rhoda (California)

Cabraser, Elizabeth J. (California)

Cervantez, Eve Hedy (California)

Kasnitz, Melissa Wendy (California)

Konecky, Joshua Geoffrey (California)

Ratner, Morris Andrew (California)

Reiten, Mary Bondy (Washington)

Wolinsky, Sidney M. (California)

Attorneys(s) for Defendant

Giorgi, Suzanne B. (California)

Hawley, James R. (California)

Hersher, Michael E. (California)

Holloway, Amy Bisson (California)

Press, Douglas (California)

Read-Spangler, Kara (California)

Schwartz, Karin S. (California)

Stinson, Teresa (California)

Documents in the Clearinghouse

Document

3:01-cv-01780

Docket

July 27, 2005

July 27, 2005

Docket
1

3:01-cv-01780

Class Action Complaint and Demand for Jury Trial

Chapman v. California Department of Education

May 8, 2001

May 8, 2001

Complaint
46

3:01-cv-01780

Class Action; First Amended Complaint; Demand for Jury Trial

Chapman v. California Department of Education

Dec. 10, 2001

Dec. 10, 2001

Complaint
120

3:01-cv-01780

Order Granting Class Certification

Chapman v. California Department of Education

Jan. 16, 2002

Jan. 16, 2002

Order/Opinion
165

3:01-cv-01780

Order Granting in Part and Denying Part Plaintiffs' Motion to Compel

Chapman v. California Board of Education

2002 WL 32854376

Feb. 6, 2002

Feb. 6, 2002

Order/Opinion
189

3:01-cv-01780

Order Granting Preliminary Injunction

Chapman v. California Department of Education

229 F.Supp.2d 981

Feb. 21, 2002

Feb. 21, 2002

Order/Opinion

02-15552

02-15553

Order in Part Reversing & Remanding for Dissolution Preliminary Injunction

Chapman v. California Board of Education

U. S. Court of Appeals for the Ninth Circuit

45 Fed.Appx. 780, 2002 U.S.App.LEXIS 18466

Sept. 4, 2002

Sept. 4, 2002

Order/Opinion

02-15552

02-15553

Amended Memorandum Opinion Re: Partial Reversal and Dissolution of Preliminary Injunction

U. S. Court of Appeals for the Ninth Circuit

53 Fed.Appx. 474, 2002 WL 31856343

Dec. 19, 2002

Dec. 19, 2002

Order/Opinion
337

3:01-cv-01780

Second Amended Complaint and Demand for Jury Trial

Chapman v. California Department of Education

Dec. 20, 2002

Dec. 20, 2002

Complaint
342

3:01-cv-01780

Memorandum and Order

Chapman v. California Department of Education

March 12, 2003

March 12, 2003

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5720937/smiley-v-california-department-of-education/

Last updated May 20, 2022, 3:34 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT Summons issued against California Department of Education, Delaine Eastin, Fremont Unified School District, Sharon Jones (Filing fee $150 receipt number 4403544). Filed by Juleus Chapman, Learning Disabilities Association of California, Jennifer Lyons, Ryan Smiley. (mcl, ) Additional attachment(s) added on 5/10/2001 (mcl, ). Modified on 5/10/2001 (mcl, ). (Entered:

May 8, 2001

May 8, 2001

426

Minute Entry: Telephonic Scheduling Conference held before Magistrate Judge Joseph C. Spero re: set date for a further settlement conference. Parties shall lodge mediation statements by Monday, 7/20/5 by Noon. Further settlement conference set for 7/26/5 at 9:30 a.m. Court to prepare Order.(Tape #Not Reported.) (klh, COURT STAFF) (Date Filed: 6/22/2005) (Entered: 06/22/2005)

June 22, 2005

June 22, 2005

PACER

Set Deadlines/Hearings: Settlement Conference set for 7/26/2005 09:30 AM. (mcl, COURT STAFF)

June 22, 2005

June 22, 2005

PACER

CASE DESIGNATED for Electronic Filing. (mcl, ) (Entered: 05/10/2001)

May 8, 2001

May 8, 2001

427

NOTICE AND ORDER SETTING FURTHER SETTLEMENT CONFERENCE. Settlement Conference set for 7/26/2005 at 9:30 AM. Signed by Judge Joseph C. Spero on 6/23/5. (klh, COURT STAFF) (Filed on 6/23/2005) (Entered: 06/23/2005)

June 23, 2005

June 23, 2005

RECAP

Summons Issued as to California Department of Education (mcl, ) (Entered: 05/10/2001)

May 8, 2001

May 8, 2001

428

AMENDED NOTICE AND ORDER SETTING FURTHER SETTLEMENT CONFERENCE for 7/26/2005, at 9:30 a.m. Signed by Magistrate Judge Joseph C. Spero on 6/27/2005. (jcssec, COURT STAFF) (Filed on 6/27/2005) (Entered: 06/27/2005)

June 27, 2005

June 27, 2005

RECAP

Summons Issued as to Delaine Eastin (mcl, ) (Entered: 05/10/2001)

May 8, 2001

May 8, 2001

429

NOTICE of Change In Counsel by Mary Bondy Reiten (Reiten, Mary) (Filed on 7/18/2005) (Entered: 07/18/2005)

July 18, 2005

July 18, 2005

PACER

Summons Issued as to Fremont Unified School District (mcl, ) (Entered: 05/10/2001)

May 8, 2001

May 8, 2001

430

Minute Entry: A Further Settlement Conference was held on 7/26/2005. Counsel are to draft a potential settlement document. Defendants' first draft is due 8/1/2005; Plaintiffs' comments and responses are due 8/3/2005. Copies of all documents are to be provided to Magistrate Judge Spero. Counsel shall contact his Chambers to arrange for a follow-up telephonic settlement conference. (jcssec, COURT STAFF) (Date Filed: 7/27/2005) (Entered: 07/27/2005)

July 27, 2005

July 27, 2005

PACER

Summons Issued as to Sharon Jones (mcl, ) (Entered: 05/10/2001)

May 8, 2001

May 8, 2001

Received Order Petition for appointment of guardina ad litem for Juleus Chapman by Juleus Chapman. (mcl, ) (Entered: 05/10/2001)

May 8, 2001

May 8, 2001

Received Order Petition for appointment of guardian ad litem for Ryan Smiley by Ryan Smiley. (mcl, ) (Entered: 05/10/2001)

May 8, 2001

May 8, 2001

Received Order Petition for appointment of guardian ad litem for Jennifer Lyons by Jennifer Lyons. (mcl, ) (Entered: 05/10/2001)

May 8, 2001

May 8, 2001

3

ORDER OF RECUSAL Signed by Magistrate Judge Bernard Zimmerman on 5/23/01.(bzsec) Additional attachment(s) added on 5/23/2001(bzsec). (Entered: 05/23/2001)

May 23, 2001

May 23, 2001

4

ORDER REASSIGNING CASE. Case reassigned to Judge Charles R. Breyer for all further proceedings. Judge Bernard Zimmerman no longer assigned to case. Signed by Executive Committee on 5/24/01. (as, ) (Entered: 05/24/2001)

May 24, 2001

May 24, 2001

5

CLERK'S NOTICE Case Management Conference set for 9/28/2001 at 08:30 AM. (mf, ) (Entered: 06/01/2001)

June 1, 2001

June 1, 2001

6

CERTIFICATE of Clerk Certificate of Service . (mf, ) (Entered: 06/01/2001)

June 1, 2001

June 1, 2001

7

STIPULATION for extension of time for state defendants to file responsive pleading by Juleus Chapman, Learning Disabilities Association of California, Jennifer Lyons, Ryan Smiley. (Konecky, Joshua) (Entered: 07/06/2001)

July 6, 2001

July 6, 2001

8

STIPULATION CONTINUING DATE FOR DEFENDANT FREMONT UNIFIED SCHOOL DISTRICT TO FILE RESPONSIVE PLEADING TO PLAINTIFFS' COMPLAINT by Fremont Unified School District. (Hawley, James) (Entered: 07/19/2001)

July 19, 2001

July 19, 2001

9

ANSWER to Complaint by Fremont Unified School District. (Hawley, James) (Entered: 08/08/2001)

Aug. 8, 2001

Aug. 8, 2001

10

ANSWER to Complaint by California Department of Education, Delaine Eastin. (Hersher, Michael) (Entered: 08/08/2001)

Aug. 8, 2001

Aug. 8, 2001

Received Stipulation and Order selecting ADR process by plaintiff, defendant (mcl, ) (Entered: 09/17/2001)

Sept. 7, 2001

Sept. 7, 2001

13

STIPULATION and Order by Judge Breyer : selecting Mediation by plaintiff, defendants. (mcl, ) (Entered: 09/19/2001)

Sept. 13, 2001

Sept. 13, 2001

11

NOTICE REGARDING CONTINUANCE OF CASE MANAGEMENT CONFERENCE by Juleus Chapman, Learning Disabilities Association of California, Jennifer Lyons, Ryan Smiley. (Konecky, Joshua) (Entered: 09/18/2001)

Sept. 18, 2001

Sept. 18, 2001

12

NOTICE OF ORIGINAL REQUEST FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE by Juleus Chapman, Learning Disabilities Association of California, Jennifer Lyons, Ryan Smiley. (Konecky, Joshua) (Entered: 09/18/2001)

Sept. 18, 2001

Sept. 18, 2001

14

Minute Entry: Settlement Conference scheduled for 11/27/2001, at 9:30 a.m., before Magistrate Judge Spero. (jcssec) Additional attachment(s) added on 9/20/2001 (jcssec, ). (Entered: 09/20/2001)

Sept. 20, 2001

Sept. 20, 2001

15

JOINT CASE MANAGEMENT STATEMENT filed by Juleus Chapman, Learning Disabilities Association of California, Jennifer Lyons, Ryan Smiley. (Konecky, Joshua) (Entered: 09/24/2001)

Sept. 24, 2001

Sept. 24, 2001

16

NOTICE OF SETTLEMENT CONFERENCE AND SETTLEMENT CONFERENCE ORDER. Settlement Conference set for 11/27/2001, at 9:30 a.m. Lead trial counsel and all parties are ordered to meet and confer, in person, regarding settlement on or before 11/09/2001. Settlement Conference Statements are to be lodged no later than 11/20/2001. Signed by Magistrate Judge Joseph C. Spero on 09/25/2001. (jcssec) (Entered: 09/25/2001)

Sept. 25, 2001

Sept. 25, 2001

17

Minute Entry: Initial Case Management Conference held on 10/5/2001 before Judge Charles R. Breyer. Further Case Management Conference set for 12/7/2001 08:30 AM. before Judge Charles R. Breyer.() (mf, ) (Entered: 10/05/2001)

Oct. 5, 2001

Oct. 5, 2001

18

MOTION for Summary Judgment filed by Juleus Chapman, Learning Disabilities Association of California, Jennifer Lyons, Ryan Smiley. Motion Hearing set for 12/14/2001 10:00 AM. (Konecky, Joshua) (Entered: 11/08/2001)

Nov. 8, 2001

Nov. 8, 2001

19

DECLARATION in Support re 18 Plaintiffs' Motion for Summary Adjudication filed by Juleus Chapman, Learning Disabilities Association of California, Jennifer Lyons, Ryan Smiley. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit C2# 5 Exhibit C3# 6 Exhibit D# 7 Exhibit E# 8 Exhibit F# 9 Exhibit G# 10 Exhibit H# 11 Exhibit I# 12 Exhibit J1# 13 Exhibit J2# 14 Exhibit K1# 15 Exhibit K2# 16 Exhibit L# 17 Exhibit M# 18 Exhibit N)(Related document(s) 18 ) (Konecky, Joshua) (Entered: 11/08/2001)

Nov. 8, 2001

Nov. 8, 2001

20

DECLARATION in Support re 18 Plaintiffs' Motion for Summary Adjudication filed by Juleus Chapman, Learning Disabilities Association of California, Jennifer Lyons, Ryan Smiley. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Related document(s) 18 ) (Konecky, Joshua) (Entered: 11/09/2001)

Nov. 9, 2001

Nov. 9, 2001

21

DECLARATION in Support re 18 Plaintiffs' Motion for Summary Adjudication filed by Juleus Chapman, Learning Disabilities Association of California, Jennifer Lyons, Ryan Smiley. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Related document(s) 18 ) (Konecky, Joshua) (Entered: 11/09/2001)

Nov. 9, 2001

Nov. 9, 2001

22

Proposed Order Granting Plaintiffs' Motion for Summary Adjudication by Juleus Chapman, Learning Disabilities Association of California, Jennifer Lyons, Ryan Smiley. (Konecky, Joshua) (Entered: 11/09/2001)

Nov. 9, 2001

Nov. 9, 2001

23

MOTION to Certify Class filed by Juleus Chapman, Learning Disabilities Association of California, Jennifer Lyons, Ryan Smiley. Motion Hearing set for 12/14/2001 10:00 AM. (Konecky, Joshua) (Entered: 11/09/2001)

Nov. 9, 2001

Nov. 9, 2001

24

DECLARATION in Support re 23 Plaintiffs' Motion for Class Certification filed by Juleus Chapman, Learning Disabilities Association of California, Jennifer Lyons, Ryan Smiley. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G)(Related document(s) 23 ) (Konecky, Joshua) (Entered: 11/09/2001)

Nov. 9, 2001

Nov. 9, 2001

25

DECLARATION in Support re 23 Plaintiffs' Motion for Class Certification filed by Juleus Chapman, Learning Disabilities Association of California, Jennifer Lyons, Ryan Smiley. (Related document(s) 23 ) (Konecky, Joshua) (Entered: 11/09/2001)

Nov. 9, 2001

Nov. 9, 2001

26

DECLARATION in Support re 23 Plaintiffs' Motion for Class Certification filed by Juleus Chapman, Learning Disabilities Association of California, Jennifer Lyons, Ryan Smiley. (Related document(s) 23 ) (Konecky, Joshua) (Entered: 11/09/2001)

Nov. 9, 2001

Nov. 9, 2001

28

DECLARATION in Support re 23 Plaintiffs' Motion for Class Certification filed by Juleus Chapman, Learning Disabilities Association of California, Jennifer Lyons, Ryan Smiley. (Related document(s) 23 ) (Konecky, Joshua) (Entered: 11/09/2001)

Nov. 9, 2001

Nov. 9, 2001

29

DECLARATION in Support re 23 Plaintiffs' Motion for Class Certification filed by Juleus Chapman, Learning Disabilities Association of California, Jennifer Lyons, Ryan Smiley. (Attachments: # 1 Exhibit A)(Related document(s) 23 ) (Konecky, Joshua) (Entered: 11/09/2001)

Nov. 9, 2001

Nov. 9, 2001

30

Proposed Order Granting Plaintiffs' Motion for Class Certification by Juleus Chapman, Learning Disabilities Association of California, Jennifer Lyons, Ryan Smiley. (Konecky, Joshua) (Entered: 11/09/2001)

Nov. 9, 2001

Nov. 9, 2001

31

DECLARATION in Support re 23 , 18 Plaintiffs' Motions for Class Certification and Summary Adjudication filed by Juleus Chapman, Learning Disabilities Association of California, Jennifer Lyons, Ryan Smiley. (Related document(s) 23 , 18 ) (Konecky, Joshua) (Entered: 11/09/2001)

Nov. 9, 2001

Nov. 9, 2001

32

Proposed Order [amended] Granting Plaintiffs' Motion for Class Certification by Juleus Chapman, Learning Disabilities Association of California, Jennifer Lyons, Ryan Smiley. (Konecky, Joshua) (Entered: 11/20/2001)

Nov. 20, 2001

Nov. 20, 2001

33

Ex Parte Applicaton re 23 , 18 Re Motion to Extend Hearing Date on Plaintiffs' Motions filed by California Department of Education, Delaine Eastin. Motion Hearing set for 12/14/2001 10:00 AM. (Hersher, Michael) (Entered: 11/20/2001)

Nov. 20, 2001

Nov. 20, 2001

34

DECLARATION in Support re 33 Defendants' Ex Parte Motion to Extend Hearing Date on Plaintiffs' Motions filed by California Department of Education, Delaine Eastin. (Related document(s) 33 ) (Hersher, Michael) (Entered: 11/20/2001)

Nov. 20, 2001

Nov. 20, 2001

35

Proposed Order Re Defendants' Motion to Extend Hearing Date on Plaintiff's Motions by California Department of Education, Delaine Eastin. (Hersher, Michael) (Entered: 11/20/2001)

Nov. 20, 2001

Nov. 20, 2001

36

NOTICE of Association of Counsel by California Department of Education, Delaine Eastin. (Hersher, Michael) (Entered: 11/26/2001)

Nov. 26, 2001

Nov. 26, 2001

37

ORDER GRANTING EXTENSION ON HEARING DATE ON PLAINTIFF'S MOTION TO 01/11/2002 re 23 , 18 , 33 . Signed by Judge Charles R. Breyer on November 29, 2001. (mf, ) (Entered: 11/29/2001)

Nov. 29, 2001

Nov. 29, 2001

38

Minute Entry: Settlement Conference held on 11/27/2001 before Magistrate Judge Joseph C. Spero. Further Settlement Conference set for 2/12/2002, at 9:30 AM. (jcssec) (Entered: 11/29/2001)

Nov. 29, 2001

Nov. 29, 2001

39

NOTICE AND ORDER SETTING FURTHER SETTLEMENT CONFERENCE. Further Settlement Conference set for 2/12/2002, at 9:30 a.m. Signed by Magistrate Judge Joseph C. Spero on 11/29/01. (jcssec) (Entered: 11/29/2001)

Nov. 29, 2001

Nov. 29, 2001

Set/Reset Deadlines as to Motion 23 , 18 . Motion Hearing set for 1/11/2002 10:00 AM. (mcl, ) (Entered: 12/03/2001)

Nov. 29, 2001

Nov. 29, 2001

40

NOTICE of Appearance by Juleus Chapman. (Reiten, Mary) (Entered: 11/30/2001)

Nov. 30, 2001

Nov. 30, 2001

41

NOTICE of Appearance by Juleus Chapman, Learning Disabilities Association of California, Jennifer Lyons, Ryan Smiley. (Kasnitz, Melissa) (Entered: 12/03/2001)

Dec. 3, 2001

Dec. 3, 2001

42

JOINT CASE MANAGEMENT STATEMENT (Updated) filed by Juleus Chapman, Learning Disabilities Association of California, Jennifer Lyons, Ryan Smiley. (Kasnitz, Melissa) (Entered: 12/04/2001)

Dec. 4, 2001

Dec. 4, 2001

43

STIPULATION for Plaintiffs to File First Amended Complaint by Juleus Chapman, Learning Disabilities Association of California, Jennifer Lyons, Ryan Smiley. (Kasnitz, Melissa) (Entered: 12/04/2001)

Dec. 4, 2001

Dec. 4, 2001

45

Minute Entry: Further Case Management Conference held on 12/7/2001 before Charles R. Breyer. Motions hearing date scheduled for 01/11/2002 at 10:00 a.m. before Charles R. Breyer. () (mf, ) (Entered: 12/07/2001)

Dec. 7, 2001

Dec. 7, 2001

46

AMENDED COMPLAINT Demand for Jury Trial against California State Board of Education, California Department of Education, Delaine Eastin, Fremont Unified School District, Sharon Jones. Filed by Juleus Chapman, Learning Disabilities Association of California, Jennifer Lyons, Ryan Smiley. (Kasnitz, Melissa) (Entered: 12/10/2001)

Dec. 10, 2001

Dec. 10, 2001

47

WAIVER OF SERVICE Returned Executed, by Juleus Chapman, Learning Disabilities Association of California, Jennifer Lyons, Ryan Smiley. California State Board of Education waiver sent on 12/10/2001, answer due 02/08/2002 (Kasnitz, Melissa) (Entered: 12/10/2001)

Dec. 10, 2001

Dec. 10, 2001

48

MOTION for Leave to File Excess Pages Plaintiffs' Administrative Request for Leave to File Brief in Excess of Page Limits on Motion for Preliminary Injunction filed by Juleus Chapman, Learning Disabilities Association of California, Jennifer Lyons, Ryan Smiley. (Kasnitz, Melissa) (Entered: 12/13/2001)

Dec. 13, 2001

Dec. 13, 2001

49

Proposed Order Granting Plaintiffs' Request to Exceed Page Limitations on Motion for Preliminary Injunction by Juleus Chapman, Learning Disabilities Association of California, Jennifer Lyons, Ryan Smiley. (Kasnitz, Melissa) (Entered: 12/13/2001)

Dec. 13, 2001

Dec. 13, 2001

50

CERTIFICATE OF SERVICE by Juleus Chapman, Learning Disabilities Association of California, Jennifer Lyons, Ryan Smiley (Kasnitz, Melissa) (Entered: 12/13/2001)

Dec. 13, 2001

Dec. 13, 2001

51

ORDER GRANTING PLAINTIFFS' REQUEST TO EXCEED PAGE LIMITATIONS ON MOTION FOR PRELIMINARY INJUNCTION. Signed by Judge Charles R. Breyer on December 17, 2001. (mf, ) (Entered: 12/17/2001)

Dec. 17, 2001

Dec. 17, 2001

52

First MOTION to Compel COMPLIANCE WITH DEPOSITION NOTICES AND SUBPOENAS filed by Juleus Chapman, Learning Disabilities Association of California, Jennifer Lyons, Ryan Smiley. Motion Hearing set for 1/25/2002 10:00 AM. (Kasnitz, Melissa) (Entered: 12/19/2001)

Dec. 19, 2001

Dec. 19, 2001

53

DECLARATION in Support re 52 of Plaintiffs' Motion to Compel Compliance with Deposition Notices and Subpoenas filed by Juleus Chapman, Learning Disabilities Association of California, Jennifer Lyons, Ryan Smiley. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J# 11 Exhibit K# 12 Exhibit L)(Related document(s) 52 ) (Kasnitz, Melissa) (Entered: 12/19/2001)

Dec. 19, 2001

Dec. 19, 2001

54

Proposed Order Granting Plaintiffs' Motion to Compel Compliance with Deposition Notices and Subpoenas by Juleus Chapman, Learning Disabilities Association of California, Jennifer Lyons, Ryan Smiley. (Kasnitz, Melissa) (Entered: 12/19/2001)

Dec. 19, 2001

Dec. 19, 2001

55

First Ex Parte Applicaton re 52 To Shorten Time on Plaintiffs' Motion to Compel Compliance with Deposition Notices and Subpoenas filed by Juleus Chapman, Learning Disabilities Association of California, Jennifer Lyons, Ryan Smiley. Motion Hearing set for 1/25/2002 10:00 AM. (Kasnitz, Melissa) (Entered: 12/19/2001)

Dec. 19, 2001

Dec. 19, 2001

56

DECLARATION in Support re 55 Plaintiffs' Ex Parte Motion to Shorten time on Motion to Compel Compliance with Deposition Notices and Subpoenas filed by Juleus Chapman, Learning Disabilities Association of California, Jennifer Lyons, Ryan Smiley. (Related document(s) 55 ) (Kasnitz, Melissa) (Entered: 12/19/2001)

Dec. 19, 2001

Dec. 19, 2001

57

Proposed Order Granting Plaintiffs' Ex Parte Motion to Shorten Time on Plaintiffs' Motion to Compel Compliance with Deposition Notices and Subpoenas by Juleus Chapman, Learning Disabilities Association of California, Jennifer Lyons, Ryan

Dec. 19, 2001

Dec. 19, 2001

59

ORDER re 52 , 55 , ORDER REFERRING CASE to Magistrate Judge Spero for Discovery purposes. Signed by Judge Charles R. Breyer on December 21, 2001. (mf, ) (Entered: 12/21/2001)

Dec. 21, 2001

Dec. 21, 2001

CASE REFERRED to Magistrate Judge Joseph C. Spero for discovery. (mf, ) (Entered: 12/21/2001)

Dec. 21, 2001

Dec. 21, 2001

60

Memorandum in Opposition re 23 Defendants' Opposition to Plaintiffs' Motion for Class Certification filed by California Department of Education, California State Board of Education, Delaine Eastin. (Stinson, Teresa) (Entered: 12/21/2001)

Dec. 21, 2001

Dec. 21, 2001

61

DECLARATION in Opposition Declaration of Allan Lloyd−Jones in Support of Defendants' Opposition to Plaintiffs' Motion for Class Certification filed by California Department of Education, California State Board of Education, Delaine Eastin. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G)(Stinson, Teresa) (Entered: 12/21/2001)

Dec. 21, 2001

Dec. 21, 2001

62

DECLARATION in Opposition Declaration of Michael E. Hersher in Support of Defendants' Opposition to Plaintiffs' Motion for Class Certification filed by California Department of Education, California State Board of Education, Delaine Eastin. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F)(Stinson, Teresa) (Entered: 12/21/2001)

Dec. 21, 2001

Dec. 21, 2001

63

DECLARATION in Opposition of Pamela McCabe in Support of Defendants' Opposition to Plaintiffs' Motion for Partial Summary Judgment filed by California Department of Education, California State Board of Education, Delaine Eastin. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Stinson, Teresa) (Entered: 12/21/2001)

Dec. 21, 2001

Dec. 21, 2001

64

DECLARATION in Opposition of S.E.Phillips in Support of Defendants' Opposition to Motion for Partial Summary Judgment filed by California Department of Education, California State Board of Education, Delaine Eastin. (Attachments: # 1 Vita S.E. Phillips)(Stinson, Teresa) (Entered: 12/21/2001)

Dec. 21, 2001

Dec. 21, 2001

65

ORDER REFERRING CASE to Magistrate Judge Chen for Discovery purposes.. Signed by Judge Charles R. Breyer on December 21, 2001. (mf, ) (Entered: 12/21/2001)

Dec. 21, 2001

Dec. 21, 2001

CASE REFERRED to Magistrate Judge Edward M. Chen for Discovery. (mf, ) (Entered: 12/21/2001)

Dec. 21, 2001

Dec. 21, 2001

66

MOTION FOR PARTIAL SUMMARY JUDGMENT as to Memorandum of Points and Authorities in Opposition to Motion for Partial Summary Judgment filed by California Department of Education, Delaine Eastin. Motion Hearing set for 1/11/2002 10:00 AM. (Stinson, Teresa) (Entered: 12/21/2001)

Dec. 21, 2001

Dec. 21, 2001

67

NOTICE Defendants' Notice of Errata Re: Citation References Contained in Defendants' Opposition to Motion for Partial Summary Judgment by California Department of Education, California State Board of Education, Delaine Eastin. (Stinson, Teresa) (Entered: 12/24/2001)

Dec. 24, 2001

Dec. 24, 2001

68

Memorandum in Opposition re 55 , 52 Defendants' Opposition to Plaintiffs' Motion to Compel filed by California Department of Education, California State Board of Education. (Stinson, Teresa) (Entered: 12/27/2001)

Dec. 27, 2001

Dec. 27, 2001

69

Reply Memorandum to Motion re 23 Class Certification filed by Juleus Chapman. (Reiten, Mary) (Entered: 12/28/2001)

Dec. 28, 2001

Dec. 28, 2001

70

DECLARATION in Support re 69 Class Certification filed by Juleus Chapman. (Attachments: # 1 Exhibit A)(Related document(s) 69 ) (Reiten, Mary) (Entered: 12/28/2001)

Dec. 28, 2001

Dec. 28, 2001

71

DECLARATION in Support re 69 Class Certification filed by Juleus Chapman. (Related document(s) 69 ) (Reiten, Mary) (Entered: 12/28/2001)

Dec. 28, 2001

Dec. 28, 2001

73

MOTION for Preliminary Injunction filed by Juleus Chapman, Learning Disabilities Association of California, Jennifer Lyons, Ryan Smiley. Motion Hearing set for 2/1/2002 10:00 AM. (Kasnitz, Melissa) (Entered: 12/28/2001)

Dec. 28, 2001

Dec. 28, 2001

74

Proposed Order Granting Plaintiffs' Motion for Preliminary Injunction by Juleus Chapman, Learning Disabilities Association of California, Jennifer Lyons, Ryan Smiley. (Kasnitz, Melissa) (Entered: 12/28/2001)

Dec. 28, 2001

Dec. 28, 2001

75

DECLARATION in Support of Plaintiffs' Motion for Preliminary Injunction (Melody Arevalo) filed by Juleus Chapman, Learning Disabilities Association of California, Jennifer Lyons, Ryan Smiley. (Kasnitz, Melissa) (Entered: 12/28/2001)

Dec. 28, 2001

Dec. 28, 2001

76

DECLARATION in Support of Plaintiffs' Motion for Preliminary Injunction (Jo Rupert Behm) filed by Juleus Chapman, Learning Disabilities Association of California, Jennifer Lyons, Ryan Smiley. (Kasnitz, Melissa) (Entered: 12/28/2001)

Dec. 28, 2001

Dec. 28, 2001

77

DECLARATION in Support of Plaintiffs' Motion for Preliminary Injunction (Karen Bruno) filed by Juleus Chapman, Learning Disabilities Association of California, Jennifer Lyons, Ryan Smiley. (Kasnitz, Melissa) (Entered: 12/28/2001)

Dec. 28, 2001

Dec. 28, 2001

78

DECLARATION in Support of Plaintiffs' Motion for Preliminary Injunction (Monique Chapman) filed by Juleus Chapman, Learning Disabilities Association of California, Jennifer Lyons, Ryan Smiley. (Kasnitz, Melissa) (Entered: 12/28/2001)

Dec. 28, 2001

Dec. 28, 2001

79

DECLARATION in Support of Plaintiffs' Motion for Preliminary Injunction (Maureen Culpepper) filed by Juleus Chapman, Learning Disabilities Association of California, Jennifer Lyons, Ryan Smiley. (Kasnitz, Melissa) (Entered: 12/28/2001)

Dec. 28, 2001

Dec. 28, 2001

80

DECLARATION in Support of Plaintiffs' Motion for Preliminary Injunction (Kurt F. Geisinger, Ph.D.) filed by Juleus Chapman, Learning Disabilities Association of California, Jennifer Lyons, Ryan Smiley. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Kasnitz, Melissa) (Entered: 12/28/2001)

Dec. 28, 2001

Dec. 28, 2001

81

DECLARATION in Support of Plaintiffs' Motion for Preliminary Injunction (Melissa W. Kasnitz) filed by Juleus Chapman, Learning Disabilities Association of California, Jennifer Lyons, Ryan Smiley. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J# 11 Exhibit K# 12 Exhibit L# 13 Exhibit M# 14 Exhibit N)(Kasnitz, Melissa) (Entered: 12/28/2001)

Dec. 28, 2001

Dec. 28, 2001

82

DECLARATION in Support of Plaintiffs' Motion for Preliminary Injunction (Marilyn Lovelace−Grant) filed by Juleus Chapman, Learning Disabilities Association of California, Jennifer Lyons, Ryan Smiley. (Kasnitz, Melissa) (Entered: 12/28/2001)

Dec. 28, 2001

Dec. 28, 2001

83

DECLARATION in Support of Plaintiffs' Motion for Preliminary Injunction (Susan Lyons) filed by Juleus Chapman, Learning Disabilities Association of California, Jennifer Lyons, Ryan Smiley. (Kasnitz, Melissa) (Entered: 12/28/2001)

Dec. 28, 2001

Dec. 28, 2001

84

DECLARATION in Support of Plaintiffs' Motion for Preliminary Injunction (Nancy Meyers) filed by Juleus Chapman, Learning Disabilities Association of California, Jennifer Lyons, Ryan Smiley. (Kasnitz, Melissa) (Entered: 12/28/2001)

Dec. 28, 2001

Dec. 28, 2001

85

DECLARATION in Support of Plaintiffs' Motion for Preliminary Injunction (Nancy Powers) filed by Juleus Chapman, Learning Disabilities Association of California, Jennifer Lyons, Ryan Smiley. (Kasnitz, Melissa) (Entered: 12/28/2001)

Dec. 28, 2001

Dec. 28, 2001

86

DECLARATION in Support of Plaintiffs' Motion for Preliminary Injunction (Joe Reid) filed by Juleus Chapman, Learning Disabilities Association of California, Jennifer Lyons, Ryan Smiley. (Kasnitz, Melissa) (Entered: 12/28/2001)

Dec. 28, 2001

Dec. 28, 2001

87

DECLARATION in Support of Plaintiffs' Motion for Preliminary Injunction (Dr. Kay Runyan) filed by Juleus Chapman, Learning Disabilities Association of California, Jennifer Lyons, Ryan Smiley. (Attachments: # 1 Exhibit A)(Kasnitz, Melissa) (Entered: 12/28/2001)

Dec. 28, 2001

Dec. 28, 2001

Case Details

State / Territory: California

Case Type(s):

Disability Rights

Key Dates

Filing Date: May 8, 2001

Closing Date: 2004

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Students, by guardians ad litem and on behalf of all others similarly situated, and the Learning Disabilities Association of California

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

California Department of Education (Sacramento, Sacramento), State

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

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $129,827.46

Order Duration: 2003 - 2004

Content of Injunction:

Preliminary relief granted

Reasonable Accommodation

Issues

General:

Failure to train

Reasonable Accommodations

Reasonable Modifications

School/University policies

Special education

Staff (number, training, qualifications, wages)

Discrimination-area:

Accommodation / Leave

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Mental Disability:

Learning disability

Type of Facility:

Government-run