Case: E.E. v. California

3:21-cv-07585 | U.S. District Court for the Northern District of California

Filed Date: Sept. 28, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

On September 28, 2021, plaintiffs filed a class action lawsuit against the state of California, the California Board of Education, and the California Department of Education. Plaintiffs were students with disabilities and an organization that advocates for disabled students and their families. They were represented by Disability Rights California. They sought to represent a class of "all California students who, now or in the future, have an Individual Education Plan and whose parent, guardian …

On September 28, 2021, plaintiffs filed a class action lawsuit against the state of California, the California Board of Education, and the California Department of Education. Plaintiffs were students with disabilities and an organization that advocates for disabled students and their families. They were represented by Disability Rights California. They sought to represent a class of "all California students who, now or in the future, have an Individual Education Plan and whose parent, guardian or education rights holder has determined that in-person instruction would put the student at risk." The plaintiffs challenged a state law passed in July 2021 that provided that Independent Study was the primary avenue for distance learning during the 2021-2022 school year, and imposed extra hurdles for students with disabilities to learn via Independent Study. According to plaintiffs, the new state law violated the Americans with Disabilities Act and Section 504 of the Rehabilitation Act.

Plaintiffs sought statutory and compensatory damages as well as declaratory relief and class certification. They also sought injunctive relief requiring defendants to comply with the ADA and the Rehabilitation Act.

Judge Susan Illston granted the plaintiff's a temporary restraining order on November 4, 2021, preventing California school districts from deviating from the status quo in effect on June 30, 2021, prior to the enactment of AB 130. The State moved for a clarification of that order and on November 12, the court responded. The court clarified that its TRO only required the state to comply with the ADA—it did not require a “change in placement” for any student.

Plaintiffs filed their first amended complaint on December 1. They added more student plaintiffs and an organizational plaintiff, The Arc of California, which is part of the largest advocacy group for disabled people and their families in the country. The amended complaint also sought broader injunctive relief. Instead of only enjoining parts of the Independent Study statute requiring students with disabilities to obtain prior approval from their IEP team, the amended complaint sought to enjoin the bill to the extent it limited "school districts’ ability to provide special education instruction and related services virtually."

The court entered a preliminary injunction on February 22, 2022 enjoining the State from:

from failing to ensure that local educational agencies allow disabled students with Individualized Education Plans (“IEPs”) to participate remotely in their educational program, either as a reasonable modification or through Independent Study, when the student’s health would be put at risk by in-person instruction, as determined by their parent.

The court also ordered that the State take specific action to implement the preliminary injunction. First, the State had to issue guidance to its agents by March 10 regarding their obligations under the court's order. Second, the State's agents had until March 14 to provide notice to all students with IEPs who were in or had requested an Independent Study or Home Hospital Instruction, or who had been absent for more than 14 days since the beginning of school.

The case remains ongoing.

Summary Authors

Jordan Katz (3/2/2022)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/60496426/parties/ee-v-state-of-california/


Judge(s)

Illston, Susan Yvonne (California)

Attorneys(s) for Plaintiff

Bird, Melinda R. (California)

Borrelle, Robert John Jr (California)

Center, Claudia B. (California)

German, David W (California)

Lystrup, Lauren Misako (California)

Attorneys(s) for Defendant

Bunshoft, Jennifer A. (California)

Pinggera, Anthony C (California)

Quade, Kevin L (California)

Judge(s)

Illston, Susan Yvonne (California)

Attorneys(s) for Plaintiff

Bird, Melinda R. (California)

Borrelle, Robert John Jr (California)

Center, Claudia B. (California)

German, David W (California)

Lystrup, Lauren Misako (California)

Attorneys(s) for Defendant

Bunshoft, Jennifer A. (California)

Pinggera, Anthony C (California)

Quade, Kevin L (California)

Documents in the Clearinghouse

Document

3:21-cv-07585

Docket [PACER]

E.E. v California

Nov. 12, 2021

Nov. 12, 2021

Docket
1

3:21-cv-07585

Class Action Complaint for Injunctive and Declaratory Relief of: Americans with Disabilities Act, 42 U.S.C. § 12131 et seq. & Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794.

E.E v. State of California

Sept. 28, 2021

Sept. 28, 2021

Complaint
39

3:21-cv-07585

Order Granting Plaintiffs' Motion for a Temporary Restraining Order

E.E. v. State of California

2021 WL 5139660

Nov. 4, 2021

Nov. 4, 2021

Order/Opinion
44

3:21-cv-07585

Order Clarifying and Amending TRO

Nov. 12, 2021

Nov. 12, 2021

Order/Opinion
56

3:21-cv-07585

First Amended Complaint

Dec. 1, 2021

Dec. 1, 2021

Complaint
104

3:21-cv-07585

Order on Motion for Preliminary Injunction

Feb. 28, 2022

Feb. 28, 2022

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/60496426/ee-v-state-of-california/

Last updated Aug. 9, 2022, 3 a.m.

ECF Number Description Date Link Date / Link
1

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

View on PACER

Sept. 28, 2021

Sept. 28, 2021

Clearinghouse
2

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)

Sept. 28, 2021

Sept. 28, 2021

PACER
3

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)

Sept. 29, 2021

Sept. 29, 2021

PACER
4

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)

Sept. 29, 2021

Sept. 29, 2021

PACER
5

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)

Sept. 29, 2021

Sept. 29, 2021

PACER

~Util - Case Assigned by Intake

Sept. 29, 2021

Sept. 29, 2021

PACER
6

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

Oct. 4, 2021

Oct. 4, 2021

PACER
7

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)

Oct. 12, 2021

Oct. 12, 2021

PACER
8

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)

Oct. 12, 2021

Oct. 12, 2021

PACER
9

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)

Oct. 18, 2021

Oct. 18, 2021

PACER
10

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)

Oct. 18, 2021

Oct. 18, 2021

PACER
11

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)

Oct. 18, 2021

Oct. 18, 2021

PACER
12

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

Oct. 22, 2021

Oct. 22, 2021

PACER
13

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)

Oct. 22, 2021

Oct. 22, 2021

PACER
14

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)

Oct. 22, 2021

Oct. 22, 2021

PACER
15

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)

Oct. 22, 2021

Oct. 22, 2021

PACER
16

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)

Oct. 22, 2021

Oct. 22, 2021

PACER
18

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)

Oct. 22, 2021

Oct. 22, 2021

PACER
19

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)

Oct. 22, 2021

Oct. 22, 2021

PACER
20

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)

Oct. 22, 2021

Oct. 22, 2021

PACER
21

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)

Oct. 22, 2021

Oct. 22, 2021

PACER
22

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)

Oct. 22, 2021

Oct. 22, 2021

PACER
23

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)

Oct. 22, 2021

Oct. 22, 2021

PACER

Clerk's Notice of Impending Reassignment - Text Only

Oct. 22, 2021

Oct. 22, 2021

PACER
17

Declaration in Support

Oct. 22, 2021

Oct. 22, 2021

PACER
24

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)

Oct. 26, 2021

Oct. 26, 2021

PACER

~Util - Set Motion and Deadlines/Hearings AND ~Util - Teleconference Zoom AND Clerk's Notice

Oct. 26, 2021

Oct. 26, 2021

PACER

~Util - Set Motion and Deadlines/Hearings AND Clerk's Notice AND ~Util - Teleconference Zoom

Oct. 26, 2021

Oct. 26, 2021

PACER

~Util - Teleconference Zoom AND ~Util - Set Motion and Deadlines/Hearings AND Clerk's Notice

Oct. 26, 2021

Oct. 26, 2021

PACER
25

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)

Oct. 29, 2021

Oct. 29, 2021

PACER
26

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)

Oct. 29, 2021

Oct. 29, 2021

PACER
27

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)

Oct. 29, 2021

Oct. 29, 2021

PACER
28

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)

Oct. 29, 2021

Oct. 29, 2021

PACER
29

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

Nov. 1, 2021

Nov. 1, 2021

PACER
30

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)

Nov. 1, 2021

Nov. 1, 2021

PACER
31

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)

Nov. 2, 2021

Nov. 2, 2021

PACER
32

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)

Nov. 2, 2021

Nov. 2, 2021

RECAP
33

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)

Nov. 2, 2021

Nov. 2, 2021

PACER
34

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)

Nov. 2, 2021

Nov. 2, 2021

PACER
35

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)

Nov. 2, 2021

Nov. 2, 2021

PACER
36

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)

Nov. 3, 2021

Nov. 3, 2021

PACER
37

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)

Nov. 4, 2021

Nov. 4, 2021

PACER
38

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

Nov. 4, 2021

Nov. 4, 2021

PACER
39

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)

Nov. 4, 2021

Nov. 4, 2021

Clearinghouse
40

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

Nov. 8, 2021

Nov. 8, 2021

PACER
41

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)

Nov. 8, 2021

Nov. 8, 2021

RECAP
42

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)

Nov. 9, 2021

Nov. 9, 2021

PACER

~Util - Teleconference Zoom AND Clerk's Notice

Nov. 9, 2021

Nov. 9, 2021

PACER
43

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)

Nov. 10, 2021

Nov. 10, 2021

PACER
44

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

Nov. 12, 2021

Nov. 12, 2021

Clearinghouse
45

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)

Nov. 18, 2021

Nov. 18, 2021

PACER
46

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)

Nov. 18, 2021

Nov. 18, 2021

PACER
47

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)

Nov. 18, 2021

Nov. 18, 2021

PACER
48

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)

Nov. 18, 2021

Nov. 18, 2021

PACER
49

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)

Nov. 18, 2021

Nov. 18, 2021

PACER
50

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)

Nov. 22, 2021

Nov. 22, 2021

PACER
51

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)

Nov. 22, 2021

Nov. 22, 2021

PACER
52

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)

Nov. 23, 2021

Nov. 23, 2021

PACER
53

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)

Nov. 23, 2021

Nov. 23, 2021

PACER
54

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)

Nov. 29, 2021

Nov. 29, 2021

PACER
55

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)

Dec. 1, 2021

Dec. 1, 2021

PACER
56

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

Dec. 1, 2021

Dec. 1, 2021

Clearinghouse
57

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)

Dec. 1, 2021

Dec. 1, 2021

PACER
58

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)

Dec. 1, 2021

Dec. 1, 2021

PACER
59

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

Dec. 1, 2021

Dec. 1, 2021

RECAP
60

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)

Dec. 1, 2021

Dec. 1, 2021

PACER
61

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)

Dec. 1, 2021

Dec. 1, 2021

PACER
62

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)

Dec. 1, 2021

Dec. 1, 2021

PACER
63

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

Dec. 1, 2021

Dec. 1, 2021

PACER
64

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)

Dec. 1, 2021

Dec. 1, 2021

PACER
65

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)

Dec. 1, 2021

Dec. 1, 2021

PACER
66

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)

Dec. 3, 2021

Dec. 3, 2021

PACER
67

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

Dec. 3, 2021

Dec. 3, 2021

PACER
68

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)

Dec. 6, 2021

Dec. 6, 2021

PACER
69

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)

Dec. 7, 2021

Dec. 7, 2021

PACER
70

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)

Dec. 7, 2021

Dec. 7, 2021

PACER
71

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

Dec. 7, 2021

Dec. 7, 2021

RECAP

Order Referring Case to Magistrate Judge

Dec. 7, 2021

Dec. 7, 2021

PACER

~Util - Teleconference Zoom AND Clerk's Notice

Dec. 7, 2021

Dec. 7, 2021

PACER
72

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)

Dec. 8, 2021

Dec. 8, 2021

PACER
73

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)

Dec. 9, 2021

Dec. 9, 2021

PACER
74

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

Dec. 10, 2021

Dec. 10, 2021

PACER

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

Dec. 10, 2021

Dec. 10, 2021

PACER

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

Dec. 10, 2021

Dec. 10, 2021

PACER

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

Dec. 10, 2021

Dec. 10, 2021

PACER
75

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)

Dec. 13, 2021

Dec. 13, 2021

PACER

Settlement Conference

Dec. 13, 2021

Dec. 13, 2021

PACER
76

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)

Dec. 14, 2021

Dec. 14, 2021

PACER
77

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)

Dec. 14, 2021

Dec. 14, 2021

PACER

Clerk's Notice Setting Zoom Hearing

Dec. 14, 2021

Dec. 14, 2021

PACER
78

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)

Dec. 20, 2021

Dec. 20, 2021

PACER

Settlement Conference

Dec. 20, 2021

Dec. 20, 2021

PACER
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 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)

Jan. 7, 2022

Jan. 7, 2022

PACER
80

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)

Jan. 11, 2022

Jan. 11, 2022

PACER
81

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)

Jan. 11, 2022

Jan. 11, 2022

PACER
82

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)

Jan. 11, 2022

Jan. 11, 2022

PACER
83

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)

Jan. 11, 2022

Jan. 11, 2022

PACER
84

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)

Jan. 11, 2022

Jan. 11, 2022

RECAP
85

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

Jan. 12, 2022

Jan. 12, 2022

RECAP
86

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)

Jan. 12, 2022

Jan. 12, 2022

PACER

Case Details

State / Territory: California

Case Type(s):

Education

Disability Rights

Key Dates

Filing Date: Sept. 28, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All California students who, now or in the future, have an Individual Education Plan and whose parent, guardian or education rights holder has determined that in-person instruction would put the student at risk

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

State of California, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

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

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Order Duration: 2021 - None

Content of Injunction:

Preliminary relief granted

Issues

General:

Education

Government Services

Individualized planning

Reasonable Accommodations

Reasonable Modifications

School/University policies

Special education

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified