E.E. v California

E.E v. State of California

E.E. v. State of California

CLASS ACTION COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF FOR VIOLATIONS OF: Americans with Disabilities Act, 42 U.S.C. ยง 12131 et seq. Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. ยง 794 against California Department of Education, California State Board of Education, State of California, (Filing Fee: $402.00, receipt number 0971-16441061). Filed by E. E., Disability Rights Education & Defense Fund, L. N.. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet)(Bird, Melinda) (Filed on 9/28/2021) Modified on 9/29/2021 (tnS, COURT STAFF). (Entered: 09/28/2021)

1 Civil Cover Sheet Civil Cover Sheet

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First Administrative Motion to File Under Seal filed by Disability Rights Education & Defense Fund, E. E., L. N.. (Attachments: # 1 Declaration Declaration of David W. German in Support of Plaintiffs Application to File an Application for Appointment of a Guardians ad Litem Under Seal 7-11(b), # 2 Declaration Declaration of David W. German in Support of Filing Applications for Appointment of Guardians Ad Litem Under Seal 79-5(d)(1)(A), # 3 Proposed Order Proposed Order Granting Application to file Under Seal, # 4 Unredacted Version of Ex Parte Application for Appointment of Guardian Ad Litem for E.E.; Memorandum of Points and Authorities in Support Thereof; and Consent to Serve Pursuant to Civil L.R. 79-5(c), # 5 Unredacted Version of Ex Parte Application for Appointment of Guardian Ad Litem for L.N.; Memorandum of Points and Authorities in Support Thereof; and Consent to Serve Pursuant to Civil L.R. 79-5(c))(Bird, Melinda) (Filed on 9/28/2021) (Entered: 09/28/2021)

Case assigned to Magistrate Judge Alex G. Tse. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 10/13/2021. (mbcS, COURT STAFF) (Filed on 9/29/2021) (Entered: 09/29/2021)

ORDER Granting Application to file Under Seal: 1. Ex Parte Application for Appointment of Guardian Ad Litem for L.N; 2. Ex Parte Application for Appointment of Guardian Ad Litem for E.E. signed by Magistrate Judge Alex G. Tse: granting 2 Administrative Motion. (shyS, COURT STAFF) (Filed on 9/29/2021) (Entered: 09/29/2021)

Initial Case Management Scheduling Order with ADR Deadlines: Joint Case Management Statement due by 12/31/2021. Initial Case Management Conference set for 1/7/2022 at 2:00 PM in San Francisco, Courtroom A, 15th Floor. (tnS, COURT STAFF) (Filed on 9/29/2021) (Entered: 09/29/2021)

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Proposed Summons. (Attachments: # 1 Attachment of List of Additional Defendants)(Bird, Melinda) (Filed on 10/4/2021) (Entered: 10/04/2021)

Summons Issued as to California Department of Education, California State Board of Education, State of California. (kmg, COURT STAFF) (Filed on 10/12/2021) (Entered: 10/12/2021)

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Disability Rights Education & Defense Fund, E. E., L. N... (Bird, Melinda) (Filed on 10/12/2021) (Entered: 10/12/2021)

WAIVER OF SERVICE Returned Executed filed by E. E., Disability Rights Education & Defense Fund, L. N.. Service waived by California Department of Education waiver sent on 10/15/2021, answer due 12/14/2021. (Bird, Melinda) (Filed on 10/18/2021) (Entered: 10/18/2021)

WAIVER OF SERVICE Returned Executed filed by E. E., Disability Rights Education & Defense Fund, L. N.. Service waived by California State Board of Education waiver sent on 10/15/2021, answer due 12/14/2021. (Bird, Melinda) (Filed on 10/18/2021) (Entered: 10/18/2021)

WAIVER OF SERVICE Returned Executed filed by E. E., Disability Rights Education & Defense Fund, L. N.. Service waived by State of California waiver sent on 10/15/2021, answer due 12/14/2021. (Bird, Melinda) (Filed on 10/18/2021) (Entered: 10/18/2021)

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by State of California.. (Bunshoft, Jennifer) (Filed on 10/22/2021) (Entered: 10/22/2021)

Ex Parte MOTION for Temporary Restraining Order and Order to Show Cause Re: Preliminary Injunction filed by Disability Rights Education & Defense Fund, E. E., L. N.. (Attachments: # 1 Proposed Order Proposed TRO and OSC re: Preliminary Injunction)(Bird, Melinda) (Filed on 10/22/2021) (Entered: 10/22/2021)

Ex Parte Administrative Motion to File Under Seal Attachment A to TRO and OSC Re: Preliminary Injunction filed by Disability Rights Education & Defense Fund, E. E., L. N.. (Attachments: # 1 Declaration Declaration of Melinda Bird ISO App to Seal, # 2 Proposed Order Proposed Order Granting App to Seal, # 3 Redacted Version of Attachment A, # 4 Unredacted Version of Attachment A)(Bird, Melinda) (Filed on 10/22/2021) (Entered: 10/22/2021)

Declaration of Melinda Bird in Support of 13 Ex Parte MOTION for Temporary Restraining Order and Order to Show Cause Re: Preliminary Injunction Re: Notice filed byDisability Rights Education & Defense Fund, E. E., L. N.. (Related document(s) 13 ) (Bird, Melinda) (Filed on 10/22/2021) (Entered: 10/22/2021)

CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now reassign this case to a District Judge because a party has not consented to the jurisdiction of a Magistrate Judge. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (shyS, COURT STAFF) (Filed on 10/22/2021) (Entered: 10/22/2021)

Declaration in Support

Declaration of Dr. Andrea Ruppar in Support of 13 Ex Parte MOTION for Temporary Restraining Order and Order to Show Cause Re: Preliminary Injunction filed byDisability Rights Education & Defense Fund, E. E., L. N.. (Attachments: # 1 Exhibit Exhibit A to Declaration of Dr Ruppar, # 2 Exhibit Exhibit B to Declaration of Dr Ruppar, # 3 Exhibit Exhibit C to Declaration of Dr Ruppar)(Related document(s) 13 ) (Bird, Melinda) (Filed on 10/22/2021) (Entered: 10/22/2021)

Declaration of Dr. Alice Kuo in Support of 13 Ex Parte MOTION for Temporary Restraining Order and Order to Show Cause Re: Preliminary Injunction filed byDisability Rights Education & Defense Fund, E. E., L. N.. (Attachments: # 1 Exhibit Exhibit A to Declaration of Dr. Kuo, # 2 Exhibit Exhibit B to Declaration of Dr. Kuo)(Related document(s) 13 ) (Bird, Melinda) (Filed on 10/22/2021) (Entered: 10/22/2021)

Declaration of Advocate Declarations in Support of 13 Ex Parte MOTION for Temporary Restraining Order and Order to Show Cause Re: Preliminary Injunction filed byDisability Rights Education & Defense Fund, E. E., L. N.. (Attachments: # 1 Declaration Declaration of Robert Borrelle (DRC), # 2 Declaration Declaration of Lauren Lystrup (DRC), # 3 Declaration Declaration of Cheryl Theis (DREDF), # 4 Declaration Declaration of Susan Henderson (DREDF), # 5 Declaration Declaration of David W. German)(Related document(s) 13 ) (Bird, Melinda) (Filed on 10/22/2021) (Entered: 10/22/2021)

ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Susan Illston for all further proceedings. Magistrate Judge Alex G. Tse no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by Clerk on 10/22/2021. (Attachments: # 1 Notice of Eligibility for Video Recording)(mbcS, COURT STAFF) (Filed on 10/22/2021) (Entered: 10/22/2021)

Declaration of CH for KH in Support of 13 Ex Parte MOTION for Temporary Restraining Order and Order to Show Cause Re: Preliminary Injunction filed byDisability Rights Education & Defense Fund, E. E., L. N.. (Related document(s) 13 ) (Bird, Melinda) (Filed on 10/22/2021) (Entered: 10/22/2021)

Brief MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF EX PARTE MOTION FOR TRO AND OSC RE: PRELIMINARY INJUNCTION filed byDisability Rights Education & Defense Fund, E. E., L. N.. (Attachments: # 1 Appendix Appendix A Summary of Family Declarations)(Bird, Melinda) (Filed on 10/22/2021) (Entered: 10/22/2021)

Clerk's Notice of Impending Reassignment - Text Only

CLERK'S NOTICE SETTING BRIEFING SCHEDULE AND HEARING FOR TEMPORARY RESTRAINING ORDER: 13 Ex Parte MOTION for Temporary Restraining Order and Order to Show Cause Re: Preliminary Injunction. Oppositions due by 10/29/2021. Replies due by 11/2/2021. Motion Hearing set for 11/4/2021 at 11:00 AM - Videoconference Only before Judge Susan Illston. This proceeding will be held via a Zoom webinar.Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at sicrd@cand.uscourts.gov no later than 10/28/2021 2 pm pacific.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/si General Order 58. Persons granted acce ss to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/., Set/Reset Deadlines as to 13 Ex Parte MOTION for Temporary Restraining Order and Order to Show Cause Re: Prelimina ry Injunction. Responses due by 10/29/2021. Replies due by 11/2/2021. Motion Hearing set for 11/4/2021 11:00 AM in San Francisco, - Videoconference Only before Judge Susan Illston. (ec, COURT STAFF) (Filed on 10/26/2021) (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 10/26/2021)

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OPPOSITION/RESPONSE (re 13 Ex Parte MOTION for Temporary Restraining Order and Order to Show Cause Re: Preliminary Injunction ) filed byCalifornia Department of Education, California State Board of Education, State of California. (Bunshoft, Jennifer) (Filed on 10/29/2021) (Entered: 10/29/2021)

Declaration of Heather Calomese in Support of 25 Opposition/Response to Motion, filed byCalifornia Department of Education, California State Board of Education, State of California. (Attachments: # 1 Exhibit A to Declaration of Heather Calomese, # 2 Exhibit B to Declaration of Heather Calomese)(Related document(s) 25 ) (Bunshoft, Jennifer) (Filed on 10/29/2021) (Entered: 10/29/2021)

Request for Judicial Notice re 25 Opposition/Response to Motion, filed by California Department of Education, California State Board of Education, State of California. (Attachments: # 1 Exhibit A to RJN, # 2 Exhibit B to RJN, # 3 Exhibit C to RJN, # 4 Exhibit D to RJN, # 5 Exhibit E to RJN, # 6 Exhibit F to RJN, # 7 Exhibit G to RJN, # 8 Exhibit H to RJN, # 9 Exhibit I to RJN)(Related document(s) 25 ) (Bunshoft, Jennifer) (Filed on 10/29/2021) Modified on 11/1/2021 (kmg, COURT STAFF). (Entered: 10/29/2021)

Administrative Motion to File Under Seal filed by California Department of Education, California State Board of Education, State of California. (Attachments: # 1 Declaration of Jennifer Bunshoft, # 2 Proposed Order, # 3 Attachment A (redacted), # 4 Attachment A (unredacted))(Bunshoft, Jennifer) (Filed on 10/29/2021) (Entered: 10/29/2021)

NOTICE of Appearance by Kevin L. Quade, Depar (Quade, Kevin) (Filed on 11/1/2021) (Entered: 11/01/2021)

Order by Judge Susan Illston granting 28 Administrative Motion to File Under Seal.(ec, COURT STAFF) (Filed on 11/1/2021) (Entered: 11/01/2021)

Order by Judge Susan Illston granting 14 Administrative Motion to File Under Seal.(ec, COURT STAFF) (Filed on 11/2/2021) (Entered: 11/02/2021)

REPLY (re 13 Ex Parte MOTION for Temporary Restraining Order and Order to Show Cause Re: Preliminary Injunction ) PLAINTIFFS REPLY MEMORANDUM ISO EX PARTE MOTION FOR TRO AND OSC RE: PRELIMINARY INJUNCTION filed byDisability Rights Education & Defense Fund, E. E., L. N.. (Bird, Melinda) (Filed on 11/2/2021) (Entered: 11/02/2021)

Declaration of Lauren Lystrup in Support of 32 Reply to Opposition/Response, to Plaintiffs' Reply Memorandum iso Ex Parte Motion for TRO and OSC Re: Preliminary Injunction filed byDisability Rights Education & Defense Fund, E. E., L. N.. (Related document(s) 32 ) (Bird, Melinda) (Filed on 11/2/2021) (Entered: 11/02/2021)

Declaration of Nathan Yates in Support of 32 Reply to Opposition/Response, Plaintiff's Reply Memorandum iso Ex Parte Motion for TRO and OSC re: Preliminary Injunction filed byDisability Rights Education & Defense Fund, E. E., L. N.. (Related document(s) 32 ) (Bird, Melinda) (Filed on 11/2/2021) (Entered: 11/02/2021)

Ex Parte Administrative Motion to File Under Seal APPLICATION TO FILE DOCUMENTS IN SUPPORT OF PLAINTIFFS REPLY UNDER SEAL filed by Disability Rights Education & Defense Fund, E. E., L. N.. (Attachments: # 1 Declaration of Melinda Bird iso Plaintiffs' Ex Parte Application to File Documents iso Plaintiffs' Reply Brief Under Seal, # 2 Proposed Order Granting Ex Parte Application to File Declarations In Support of Plaintiffs' Reply Brief Under Seal, # 3 Declaration Unredated Version of Documents Sought to be Filed Under Seal)(Bird, Melinda) (Filed on 11/2/2021) (Entered: 11/02/2021)

ERRATA re 32 Reply to Opposition/Response, by Disability Rights Education & Defense Fund, E. E., L. N.. (Attachments: # 1 Corrected Reply Brief in support of Plantiffs' Ex Parte Motion for TRO and OSC re: PI)(Bird, Melinda) (Filed on 11/3/2021) (Entered: 11/03/2021)

Minute Entry for proceedings for Motion Hearing via Zoom webinar held on 11/4/2021 re 13 Ex Parte MOTION for Temporary Restraining Order before Judge Susan Illston.Preliminary Injunction Hearing set for 11/30/2021 at 11:00 AM. Oppositions due by 11/18/2021. Replies due by 11/22/2021. This proceeding will be held via a Zoom webinar.Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at sicrd@cand.uscourts.gov no later than 11/23/21 at 2 pm pacific.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/si General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. Motion Hearing held on 11/4/2021. re 13 Ex Parte MOTION for Temporary Restraining Order and Order to Show Cause Re: Preliminary Injunction filed by L. N., Disability Rights Education & Defense Fund, E. E. Responses due by 11/18/2021. Replies due by 11/22/2021. Preliminary Injunction Hearing set for 11/30/2021 11:00 AM.Total Time in Court: 53 minutes. Court Reporter: Marla Knox. Plaintiff Attorney: Melinda Bird, Lauren Lystrup, Robert Borrelle, David German, Claudia Center. Defendant Attorney: Jennifer Bunshoft, Anthony Pinggera, Kevin Quade. (ec, COURT STAFF) (Date Filed: 11/4/2021) (Entered: 11/04/2021)

NOTICE by State of California Proposed Language re: Temporary Restraining Order (Quade, Kevin) (Filed on 11/4/2021) (Entered: 11/04/2021)

ORDER GRANTING PLAINTIFFS' MOTION FOR A TEMPORARY RESTRAINING ORDER granting 35 Administrative Motion to File Under Seal; granting 13 Motion for TRO. (Illston, Susan) (Filed on 11/4/2021) (Entered: 11/04/2021)

NOTICE by State of California Request for Clarification of Temporary Restraining Order (Quade, Kevin) (Filed on 11/8/2021) (Entered: 11/08/2021)

ORDER DIRECTING PLAINTIFFS TO FILE RESPONSE TO DEFENDANTS' NOVEMBER 8, 2021 FILING, NO LATER THAN NOON ON NOVEMBER 10, 2021 (Illston, Susan) (Filed on 11/8/2021) (Entered: 11/08/2021)

CLERK'S NOTICE CONTINUING PRELIMINARY INJUNCTION HEARING: Preliminary Injunction Hearing [37 Hearing is CONTINUED TO 12/2/2021 at 11:00 AM - Videoconference Only before Judge Susan Illston. The briefing schedule remains unchanged. This proceeding will be held via a Zoom webinar.Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at sicrd@cand.uscourts.gov no later than 11/23/21 at 2 pm Pacific.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/si General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcastin g of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. Motion Hearing set for 12/2/2021 11:00 AM in San Francisco, - Videoconference Only before Judge Susan Illston. (ec, COURT STAFF) (Filed on 11/9/2021) (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 11/09/2021)

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RESPONSE to 40 Defendants' Request for Clarification re: Temporary Restraining Order by Disability Rights Education & Defense Fund, E. E., L. N.. (German, David) (Filed on 11/10/2021) Modified on 11/12/2021 (wsn, COURT STAFF). (Entered: 11/10/2021)

ORDER CLARIFYING AND AMENDING TEMPORARY RESTRAINING ORDER (Illston, Susan) (Filed on 11/12/2021) (Entered: 11/12/2021)

Defendants' MEMORANDUM of Points and Authorities in Opposition to Motion for Preliminary Injunction re 23 Brief filed by California Department of Education, California State Board of Education, State of California. (Related document(s) 23 ) (Bunshoft, Jennifer) (Filed on 11/18/2021) Modified on 11/19/2021 (jlg, COURT STAFF). (Entered: 11/18/2021)

Declaration of Jennifer Bunshoft in Support of 45 Brief, filed byCalifornia Department of Education, California State Board of Education, State of California. (Attachments: # 1 Exhibit A, # 2 *Document locked per atty request* Exhibit B, # 3 Exhibit C)(Related document(s) 45 ) (Bunshoft, Jennifer) (Filed on 11/18/2021) Modified on 11/22/2021 (ecg, COURT STAFF). (Entered: 11/18/2021)

Declaration of Heather Calomese in Support of 45 Brief, Supplemental Declaration of Heather Calomese filed byCalifornia Department of Education, California State Board of Education, State of California. (Attachments: # 1 Exhibit A)(Related document(s) 45 ) (Bunshoft, Jennifer) (Filed on 11/18/2021) (Entered: 11/18/2021)

Declaration of Chris Essman in Support of 45 Brief, filed byCalifornia Department of Education, California State Board of Education, State of California. (Related document(s) 45 ) (Bunshoft, Jennifer) (Filed on 11/18/2021) (Entered: 11/18/2021)

Declaration of Wendi McCaskill in Support of 45 Brief, filed byCalifornia Department of Education, California State Board of Education, State of California. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Related document(s) 45 ) (Bunshoft, Jennifer) (Filed on 11/18/2021) (Entered: 11/18/2021)

EXHIBITS re 46 Declaration in Support, Exhibit B to Jennifer Bunshofts declaration filed by California Department of Education, California State Board of Education, State of California. (Related document(s) 46 ) (Bunshoft, Jennifer) (Filed on 11/22/2021) Modified on 11/23/2021 (kmg, COURT STAFF). (Entered: 11/22/2021)

Ex Parte MOTION for Preliminary Injunction REPLY to Opposition filed by Disability Rights Education & Defense Fund, E. E., L. N.. Motion Hearing set for 12/2/2021 11:00 AM in San Francisco, Courtroom 01, 17th Floor before Judge Susan Illston. Responses due by 11/18/2021. Replies due by 11/22/2021. (Attachments: # 1 Declaration of Robert Borrelle in Support of Plaintiffs' Reply to Defendants' Opposition to Preliminary Injunction, # 2 Exhibit Exhibit A to Declaration of Robert Borrelle, # 3 Declaration of Lauren Lystrup in Support of Plaintiffs' Reply to Defendants' Opposition to Preliminary Injunction, # 4 Exhibit Exhibit A to Declaration of Lauren Lystrup, # 5 Exhibit Exhibit B to Declaration of Lauren Lystrup, # 6 Exhibit Exhibit C to Declaration of Lauren Lystrup, # 7 Declaration of Dylan Crary in Support of Plaintiffs' Reply to Defendants' Opposition to Preliminary Injunction)(German, David) (Filed on 11/22/2021) Modified on 11/23/2021 (kmg, COURT STAFF). (Entered: 11/22/2021)

ERRATA re 51 Ex Parte MOTION for Preliminary Injunction REPLY to Opposition by Disability Rights Education & Defense Fund, E. E., L. N.. (Attachments: # 1 Plaintiffs' Corrected Reply Memorandum in Support of Premiminary Injunction)(Bird, Melinda) (Filed on 11/23/2021) (Entered: 11/23/2021)

Proposed Order re Preliminary Injunction by Disability Rights Education & Defense Fund, E. E., L. N.. (Bird, Melinda) (Filed on 11/23/2021) (Entered: 11/23/2021)

ADMINISTRATIVE MOTION Leave to File Brief as Amicus Curiae filed by California School Boards Association's Education Legal Alliance. Responses due by 12/3/2021. (Attachments: # 1 Proposed Order)(Simmons, Sloan) (Filed on 11/29/2021) (Entered: 11/29/2021)

ADMINISTRATIVE MOTION for leave to file Response to Amicus Curiae Brief of CSBA/ELA filed by Disability Rights Education & Defense Fund, E. E., L. N.. Responses due by 12/6/2021. (Attachments: # 1 Exhibit Plaintiffs' Proposed Response to Amicus Curiae Brief of CSBA/ELA)(German, David) (Filed on 12/1/2021) (Entered: 12/01/2021)

AMENDED COMPLAINT against All Defendants. Filed byE. E., L. N.. (Bird, Melinda) (Filed on 12/1/2021) (Entered: 12/01/2021)

Administrative Motion to File Under Seal filed by Disability Rights Education & Defense Fund, E. E., L. N.. (Bird, Melinda) (Filed on 12/1/2021) (Entered: 12/01/2021)

Administrative Motion to File Under Seal GAL for MG, HH, KH filed by Disability Rights Education & Defense Fund, E. E., L. N.. (Attachments: # 1 Proposed Order, # 2 Declaration Lystrup Decl ISO app to Sea LR 7-11, # 3 Declaration Lystrup Decl ISO app to Seal LR 79-5)(Bird, Melinda) (Filed on 12/1/2021) (Entered: 12/01/2021)

ORDER RE: PRELIMINARY INJUNCTION HEARING (Illston, Susan) (Filed on 12/1/2021) (Entered: 12/01/2021)

Order by Judge Susan Illston granting 54 Administrative Motion for Leave to File Amicus Curiae Brief of California School Boards Associations' Education Legal Alliance.(ec, COURT STAFF) (Filed on 12/1/2021) (Entered: 12/01/2021)

Proposed Order re 55 ADMINISTRATIVE MOTION for leave to file Response to Amicus Curiae Brief of CSBA/ELA by Disability Rights Education & Defense Fund, E. E., L. N.. (Bird, Melinda) (Filed on 12/1/2021) (Entered: 12/01/2021)

Administrative Motion to File Under Seal Suppl. Family Decls ISO Mot for PI filed by Disability Rights Education & Defense Fund, E. E., L. N.. (Attachments: # 1 Declaration Bird Decl ISO mot to seal, # 2 Proposed Order re Mot to Seal, # 3 Supplement Family Declarations ISO PI, # 4 Declaration PK for BK, # 5 Declaration SL for DDW, # 6 Declaration NG for NG, # 7 Declaration LT for MT, # 8 Declaration LF for EG, # 9 Declaration EW for RB, JB, # 10 Declaration CM for CR, # 11 Declaration ALD for ALD, # 12 Declaration MM for DM)(Bird, Melinda) (Filed on 12/1/2021) (Entered: 12/01/2021)

Brief of Amicus Curiae filed byCalifornia School Boards Association's Education Legal Alliance. (Simmons, Sloan) (Filed on 12/1/2021) (Entered: 12/01/2021)

Order by Judge Susan Illston granting 55 Administrative Motion for Leave to File Response to Proposed Amicus Curiae of California School Boards Association's Education Legal Alliance.(ec, COURT STAFF) (Filed on 12/1/2021) (Entered: 12/01/2021)

RESPONSE re 63 Brief of Amicus CSBA/ELA by Disability Rights Education & Defense Fund, E. E., L. N.. (Bird, Melinda) (Filed on 12/1/2021) (Entered: 12/01/2021)

Minute Entry for proceedings held before Judge Susan Illston: Motion Hearing held via Zoom webinar on 12/2/2021 re 51 Ex Parte MOTION for Preliminary Injunction. Total Time in Court: 1:35. Court Reporter: Marla Knox. Plaintiff Attorney: Melinda Bird, Lauren Lystrup, Robert Borrelle, David German, Claudia Center. Defendant Attorney: Jennifer Bunshoft, Anthony Pinggera, Kevin Quade. (ec, COURT STAFF) (Date Filed: 12/3/2021) (Entered: 12/03/2021)

Letter from Kevin Quade Deputy Attorney General. (Quade, Kevin) (Filed on 12/3/2021) (Entered: 12/03/2021)

TRANSCRIPT ORDER for proceedings held on 12/02/2021 before Judge Susan Illston by Disability Rights Education & Defense Fund, E. E., L. N., for Court Reporter Marla Knox. (Bird, Melinda) (Filed on 12/6/2021) (Entered: 12/06/2021)

ORDER REFERRING CASE to Magistrate Judge Sallie Kim for Emergency Settlement Conference. Signed by Judge Susan Illston on 12/7/21. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ec, COURT STAFF) (Filed on 12/7/2021) (Entered: 12/07/2021)

CLERK'S NOTICE SETTING SETTLEMENT CONFERENCE BY ZOOM: Settlement Conference set for 12/9/2021 01:00 PM in San Francisco - Videoconference Only before Magistrate Judge Sallie Kim. This proceeding will be held via Zoom meeting. Meeting Access: Counsel and their clients may access the meeting information at https://www.cand.uscourts.gov/sk. Do NOT join the Zoom webinar (for public hearings). Go to the section labeled: Joining Non-Public Hearings (Settlement Conferences, etc.) below the public webinar information and click on the box to the left to expand text and obtain information for the non-public Zoom meeting. (Zoom Meeting ID: 161 399 7742 Passcode: 530648) Parties will be placed in a waiting room and admitted once the settlement conference begins. Court Appearances: Advanced notice is required of counsel or parties who will be attending the settlement conference. A joint list of names including client representatives and titles must be sent to the CRD at SKCRD@cand.uscourts.gov no later than 12/8/2021 at 12:00 PM. General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mkl, COURT STAFF) (Filed on 12/7/2021) (Entered: 12/07/2021)

ORDER REFERRING ACTION TO MAGISTRATE JUDGE SALLIE KIM FOR SETTLEMENT CONFERENCE (Illston, Susan) (Filed on 12/7/2021) (Entered: 12/07/2021)

~Util - Teleconference Zoom AND Clerk's Notice

Order Referring Case to Magistrate Judge

Transcript of Videoconference Proceedings held on December 2, 2021, before Judge Susan Illston. Court Reporter, Marla F. Knox, RPR, CRR, RMR, telephone number (602) 391-6990/marla_knox@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 68 Transcript Order ) Release of Transcript Restriction set for 3/8/2022. (Related documents(s) 68 ) (mfk, COURT STAFF) (Filed on 12/8/2021) (Entered: 12/08/2021)

Minute Entry for proceedings held by Zoom before Magistrate Judge Sallie Kim: Settlement Conference held on 12/9/2021. Further Settlement Conference set for 12/13/2021 08:00 AM in San Francisco - Videoconference Only. This proceeding will be held via Zoom meeting. Meeting Access: Counsel and their clients may access the meeting information at https://www.cand.uscourts.gov/sk. Do NOT join the Zoom webinar (for public hearings). Go to the section labeled: Joining Non-Public Hearings (Settlement Conferences, etc.) below the public webinar information and click on the box to the left to expand text and obtain information for the non-public Zoom meeting. (Zoom Meeting ID: 161 399 7742 Passcode: 530648) Parties will be placed in a waiting room and admitted once the settlement conference begins. General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. Total Time in Court: 4 hours, 45 minutes. Court Reporter: Not reported. Plaintiff Attorney: David German, Melinda Bird, Robert Borrelle, Lauren Lystrup. Defendant Attorney: Jennifer Perkell, Jennifer Bushcroft, Kevin Quade, Anthony Pinggera, Elizabeth Lake. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mkl, COURT STAFF) (Date Filed: 12/9/2021) (Entered: 12/10/2021)

NOTICE of Appearance by Elizabeth Lake (Lake, Elizabeth) (Filed on 12/10/2021) (Entered: 12/10/2021)

~Util - Set Hearings AND ~Util - Teleconference Zoom AND Settlement Conference

~Util - Teleconference Zoom AND ~Util - Set Hearings AND Settlement Conference

~Util - Teleconference Zoom AND Settlement Conference AND ~Util - Set Hearings

Minute Entry for proceedings held by Zoom before Magistrate Judge Sallie Kim: Settlement Conference held on 12/13/2021. Case did not settle. The parties will consider whether they would like to return for another settlement conference. Total Time in Court: 4 hours. Court Reporter: Not reported. Plaintiff Attorney: David German, Melinda Bird, Robert Borrelle, Lauren Lystrup. Defendant Attorney: Jennifer Perkell, Jennifer Bushcroft, Kevin Quade, Elizabeth Lake, Len Garfinkel. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mkl, COURT STAFF) (Date Filed: 12/13/2021) (Entered: 12/13/2021)

Settlement Conference

CLERKS NOTICE SETTING FURTHER SETTLEMENT CONFERENCE BY ZOOM. Further Settlement Conference set for 12/20/2021 08:00 AM in San Francisco - Videoconference Only before Magistrate Judge Sallie Kim. This proceeding will be held via Zoom meeting. Meeting Access: Counsel and their clients may access the meeting information at https://www.cand.uscourts.gov/sk. Do NOT join the Zoom webinar (for public hearings). Go to the section labeled: Joining Non-Public Hearings (Settlement Conferences, etc.) below the public webinar information and click on the box to the left to expand text and obtain information for the non-public Zoom meeting. (Zoom Meeting ID: 161 399 7742 Passcode: 530648) Parties will be placed in a waiting room and admitted once the settlement conference begins. General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. (This is a text-only entry ge nerated by the court. There is no document associated with this entry.) (mkl, COURT STAFF) (Filed on 12/14/2021) (Entered: 12/14/2021)

STIPULATION re 56 Amended Complaint Deadline to File Responsive Pleading filed by State of California. (Bunshoft, Jennifer) (Filed on 12/14/2021) (Entered: 12/14/2021)

Clerk's Notice Setting Zoom Hearing

Minute Entry for proceedings held by Zoom before Magistrate Judge Sallie Kim: Settlement Conference held on 12/20/2021. A settlement was not reached. No further settlement proceedings set at this time. Total Time in Court: 3 hours, 45 minutes. Court Reporter: Not reported. Attorneys for Plaintiffs: David German, Melinda Bird, Robert Borrelle, Lauren Lystrup; Claudia Center. Attorneys for Defendants: Jennifer Bushcroft, Kevin Quade, Elizabeth Lake. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mkl, COURT STAFF) (Date Filed: 12/20/2021) (Entered: 12/20/2021)

Settlement Conference

ADMINISTRATIVE MOTION Leave to file amended proposed order re preliminary injunction re 39 Order on Administrative Motion to File Under Seal, Order on Motion for TRO filed by Disability Rights Education & Defense Fund, E. E., L. N.. Responses due by 1/11/2022. (Attachments: # 1 Proposed Order Pl. Amended Proposed PI order, # 2 Proposed Order Prop. Order Granting Admin motion)(Bird, Melinda) (Filed on 1/7/2022) (Entered: 01/07/2022)

TRANSCRIPT ORDER for proceedings held on 12/02/2021 before Judge Susan Illston by California Department of Education, California State Board of Education, State of California, for Court Reporter Marla Knox. (Lake, Elizabeth) (Filed on 1/11/2022) (Entered: 01/11/2022)

STIPULATION re 56 Amended Complaint Further Continuing the Deadline for Defendants to File a Responsive Pleading filed by California Department of Education, California State Board of Education, State of California. (Bunshoft, Jennifer) (Filed on 1/11/2022) (Entered: 01/11/2022)

EXHIBITS re 58 Administrative Motion to File Under Seal GAL for MG, HH, KH filed byDisability Rights Education & Defense Fund, E. E., L. N.. (Attachments: # 1 Declaration MG GAL App, Dec ISO, # 2 Declaration KH GAL, Dec ISO, # 3 Declaration HH GAL, Dec ISO)(Related document(s) 58 ) (Bird, Melinda) (Filed on 1/11/2022) (Entered: 01/11/2022)

OPPOSITION/RESPONSE (re 79 ADMINISTRATIVE MOTION Leave to file amended proposed order re preliminary injunction re 39 Order on Administrative Motion to File Under Seal, Order on Motion for TRO ) DEFENDANTS' OPPOSITION TO PLAINTIFFS' ADMINISTRATIVE MOTION FOR LEAVE TO FILE AMENDED PROPOSED PRELIMINARY INJUNCTION ORDER filed byCalifornia Department of Education, California State Board of Education, State of California. (Attachments: # 1 Proposed Order PROPOSED ORDER DENYING PLAINTIFFS' ADMINISTRATIVE MOTION FOR LEAVE TO FILE AN AMEDNED PROPOSED ORDER RE: PRELIMINARY INJUNCTION)(Bunshoft, Jennifer) (Filed on 1/11/2022) (Entered: 01/11/2022)

ORDER RE PLAINTIFFS' ADMINISTRATIVE MOTION TO FILE UNDER SEAL AND FAMILY DECLARATIONS FILED AT DKT. 17 AND 62 granting in part and denying in part 62 Administrative Motion to File Under Seal. (Illston, Susan) (Filed on 1/11/2022) (Entered: 01/11/2022)

ORDER GRANTING PLAINTIFFS' ADMINISTRATIVE MOTION AND SETTING BRIEFING SCHEDULE granting 79 Administrative Motion. (Illston, Susan) (Filed on 1/12/2022) (Entered: 01/12/2022)

Declaration in Support of 23 Brief, filed byDisability Rights Education & Defense Fund, E. E., L. N.. (Attachments: # 1 Declaration SL for DDW, # 2 Declaration PK for BK, # 3 Declaration NG for NG, # 4 Declaration LT for MT, # 5 Declaration LF for EG, # 6 Declaration EW for RB and JB, # 7 Declaration CM for CR, # 8 Declaration ALK for ALD, # 9 Declaration MM for DM)(Related document(s) 23 ) (Bird, Melinda) (Filed on 1/12/2022) (Entered: 01/12/2022)