Case: M.C. v. Los Angeles Unified School District

M.C. v. LAUSD

M.C. v. LAUSD

M.C. v. Los Angeles Unified School District

M.C. v. LAUSD

M.C. v. LAUSD

M.C. v. LAUSD

COMPLAINT Receipt No: ACACDC-28390539 - Fee: $400, filed by Plaintiff M.C. a minor, by and through his guardian ad litem S.B.,. (Attachments: # 1 Exhibit Administrative Hearing Decision) (Attorney David Ward German added to party M.C. a minor, by and through his guardian ad litem S.B.,(pty:pla))(German, David) (Entered: 10/05/2020)

1 Exhibit Administrative Hearing Decision

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CIVIL COVER SHEET filed by Plaintiff M.C. a minor, by and through his guardian ad litem S.B.,. (German, David) (Entered: 10/05/2020)

CERTIFICATE of Interested Parties filed by Plaintiff M.C. a minor, by and through his guardian ad litem S.B.,, (German, David) (Entered: 10/05/2020)

Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), 1 filed by Plaintiff M.C. a minor, by and through his guardian ad litem S.B.,. (German, David) (Entered: 10/05/2020)

EX PARTE APPLICATION for Appointment of S.B. as Guardian ad Litem for M.C. filed by Plaintiff M.C. a minor, by and through his guardian ad litem S.B.,. (Attachments: # 1 Declaration Pursuant to L.R. 7-19.1, # 2 Declaration Regarding Need to File Appliction for Appointment of Guardian Ad Litem Under Seal, # 3 Redacted Document Ex Parte Application to File Under Seal, # 4 Proposed Order) (German, David) (Entered: 10/05/2020)

1 Declaration Pursuant to L.R. 7-19.1

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2 Declaration Regarding Need to File Appliction for Appointment of Guardian Ad Lit

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3 Redacted Document Ex Parte Application to File Under Seal

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4 Proposed Order

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EX PARTE APPLICATION to file document EX PARTE APPLICATION for Appointment of S.B. as Guardian ad Litem for M.C. under seal filed by Plaintiff M.C. a minor, by and through his guardian ad litem S.B.,. (Attachments: # 1 Declaration Declaration Pursuant to L.R. 7-19.1, # 2 Declaration Declaration Regarding Need to File Appliction for Appointment of Guardian Ad Litem Under Seal, # 3 Redacted Document Redacted Document Ex Parte Application to File Under Seal, # 4 Proposed Order)(German, David) (Entered: 10/05/2020)

1 Declaration Declaration Pursuant to L.R. 7-19.1

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2 Declaration Declaration Regarding Need to File Appliction for Appointment of Gua

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3 Redacted Document Redacted Document Ex Parte Application to File Under Seal

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4 Proposed Order

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SEALED DECLARATION IN SUPPORT OF EX PARTE APPLICATION to file document EX PARTE APPLICATION for Appointment of S.B. as Guardian ad Litem for M.C. under seal 6 filed by Plaintiff M.C. a minor, by and through his guardian ad litem S.B.,. (Attachments: # 1 Unredacted Document EX PARTE APPLICATION for Appointment of S.B. as Guardian ad Litem for M.C.)(German, David) (Entered: 10/05/2020)

NOTICE OF ASSIGNMENT to District Judge Consuelo B. Marshall and Magistrate Judge Charles F. Eick. (esa) (Entered: 10/06/2020)

21 DAY Summons issued re Complaint 1 as to defendant Los Angeles Unified School District. (esa) (Entered: 10/06/2020)

STANDING ORDER upon filing of the complaint by Judge Consuelo B. Marshall. READ THIS ORDER CAREFULLY. It controls this case and may differ in some respects from the Local Rules. (ys) (Entered: 10/07/2020)

ORDER Granting Ex Parte Application to file Under Seal: 1. Ex Parte Application for Appointment of Guardian Ad Litem for M.C.; Memorandum of Points and Authorities in Support Thereof; Consent to Serve of S.B. 6 by Magistrate Judge Pedro V. Castillo. (see document for details) (hr) (Entered: 10/09/2020)

ORDER by Magistrate Judge Pedro V. Castillo: granting 5 EX PARTE APPLICATION to Appoint Guardian ad Litem. Appointing S.B. as Guardian ad Litem for M.C. (hr) (Entered: 10/09/2020)

PROOF OF SERVICE Executed by Plaintiff M. C., upon Defendant Los Angeles Unified School District served on 12/16/2020, answer due 1/6/2021. Service of the Summons and Complaint were executed upon Officer Salcedo, Person Authorized to Accept Service in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. (German, David) (Entered: 01/04/2021)

ANSWER to Complaint (Attorney Civil Case Opening), 1 for Appeal of Special Education Administrative Hearing Decision Under the Individuals with Disabilities Education Act filed by Defendant Los Angeles Unified School District.(Attorney Summer Danielle Dalessandro added to party Los Angeles Unified School District(pty:dft))(Dalessandro, Summer) (Entered: 01/06/2021)

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint (Attorney Civil Case Opening), 14 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (shb) (Entered: 01/07/2021)

MINUTE ORDER IN CHAMBERS SCHEDULING CONFERENCE by Judge Consuelo B. Marshall. Scheduling Conference set for 3/16/2021 at 10:00 AM before Judge Consuelo B. Marshall. (ys) (Entered: 01/15/2021)

First AMENDED COMPLAINT against Defendant All Defendants amending Complaint (Attorney Civil Case Opening), 1, filed by Plaintiff M. C. (Attachments: # 1 Exhibit Decision)(German, David) (Entered: 01/28/2021)

ANSWER to Amended Complaint/Petition 17 filed by Defendant Los Angeles Unified School District.(Dalessandro, Summer) (Entered: 02/10/2021)

Certification and NOTICE of Interested Parties filed by Defendant Los Angeles Unified School District, (Dalessandro, Summer) (Entered: 02/10/2021)

NOTICE of Change of firm name by David Ward German attorney for Plaintiff M. C.. Changing firm name to Vanaman German LLP. Filed by Plaintiff M. C.. (German, David) (Entered: 02/10/2021)

Request for Clerk to Issue Summons on Amended Complaint/Petition 17 filed by Plaintiff M. C.. (German, David) (Entered: 02/10/2021)

Request for Clerk to Issue Summons on Amended Complaint/Petition 17 filed by Plaintiff M. C.. (German, David) (Entered: 02/10/2021)

21 DAY Summons Issued re Amended Complaint/Petition 17 as to Defendant California Department of Education. (shb) (Entered: 02/11/2021)

21 DAY Summons Issued re First Amended Complaint/Petition 17 as to Defendant Tony Thurmond. (shb) (Entered: 02/11/2021)

Notice of Appearance (Attachments: # 1 Proof of Service)(Bancroft, Sarah) (Entered: 02/23/2021)

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Miscellaneous Document 25 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Civil Events Other Filings Notices - Select - Notice of Appearance or Withdrawal of Counsel (G-123). In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (shb) (Entered: 02/24/2021)

MINUTE IN CHAMBERS - NOTICE TO ALL PARTIES OF COURT ORDER by Judge Consuelo B. Marshall: On the Courts own motion, the scheduling conference, currently scheduled for March 16, 2021, is hereby ordered continued to May 18, 2021 at 10:00 a.m. A joint status report will be filed no later than May 11, 2021. IT IS SO ORDERED. (shb) (Entered: 03/01/2021)

PROOF OF SERVICE Executed by Plaintiff M. C., upon Defendant California Department of Education served on 2/17/2021, answer due 3/10/2021. Service of the Summons and Complaint were executed upon Tereta Mccllury, PERSON AUTHORIZED TO ACCEPT in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (German, David) (Entered: 03/01/2021)

PROOF OF SERVICE Executed by Plaintiff M. C., upon Defendant Tony Thurmond served on 2/17/2021, answer due 3/10/2021. Service of the Summons and Complaint were executed upon Tony Thurmond, in his official capacity in compliance with statute not specified by substituted service on a domestic corporation, unincorporated association, or public entity and by also mailing a copy.Original Summons NOT returned. (German, David) (Entered: 03/01/2021)

Joint STIPULATION for Extension of Time to Amend filed by Defendant California Department of Education, Tony Thurmond. (Attachments: # 1 Proposed Order [PROPOSED] ORDER GRANTING STIPULATION (1) TO EXTEND TIME FOR STATE DEFENDANTS TO RESPOND TO INITIAL COMPLAINT BY NOT MORE THAN 30 DAYS (L.R. 8-3) AND (2) FOR LEAVE TO FILE SECOND AMENDED COMPLAINT)(Bancroft, Sarah) (Entered: 03/09/2021)

Notice of Appearance or Withdrawal of Counsel: for attorney Melinda Ruth Bird counsel for Plaintiff M. C.. Adding Melinda Bird as counsel of record for M.C., for the reason indicated in the G-123 Notice. Filed by plaintiff M.C.,. (Attorney Melinda Ruth Bird added to party M. C.(pty:pla))(Bird, Melinda) (Entered: 03/11/2021)

Notice of Appearance or Withdrawal of Counsel: for attorney Andria Kyung Ah Seo counsel for Plaintiff M. C.. Adding Andria Seo as counsel of record for M.C., for the reason indicated in the G-123 Notice. Filed by Plaintiff M.C.,. (Attorney Andria Kyung Ah Seo added to party M. C.(pty:pla))(Seo, Andria) (Entered: 03/11/2021)

Notice of Appearance or Withdrawal of Counsel: for attorney Lauren Misako Lystrup counsel for Plaintiff M. C.. Adding Lauren Lystrup as counsel of record for M.C., for the reason indicated in the G-123 Notice. Filed by Plaintiff M.C.,. (Attorney Lauren Misako Lystrup added to party M. C.(pty:pla))(Lystrup, Lauren) (Entered: 03/11/2021)

ORDER GRANTING STIPULATION (1) TO EXTEND TIME FOR STATE DEFENDANTS TO RESPOND TO INITIAL COMPLAINT BY NOT MORE THAN 30 DAYS (L.R. 8-3) AND (2) FOR LEAVE TO FILE SECOND AMENDED COMPLAINT 30 : On March 9, 2021, Plaintiff, M.C., and Defendants, Los Angeles Unified School District (LAUSD), et al., filed a stipulation to 1. Extend time for Defendants California Department of Education (CDE) and State Superintendent of Public Instruction, Tony Thurmond (SSPI), to file a responsive pleading or motion to dismiss the Plaintiffs First Amended Complaint to April 6, 2021; 2. Grant leave for Plaintiff to file a Second Amended Complaint (SAC) no later than March 16, 2021 with the following briefing schedule: a. Defendants will file an answer or motion to dismiss to SAC no later than April 6, 2021; b. Plaintiffs will file an opposition to any motion to dismiss no later than April 27, 2021; c. Defendants will file a reply, if any, no later than May 4, 2021; d. A hearing on Defendants motion to dismiss will be set for May 11, 2021. After reviewing the stipulation and the arguments made therein, the Court finds good cause to permit Plaintiff to file a Second Amended Complaint with the responsive pleading or motion timeline extended as described. IT IS SO ORDERED. All orders, not otherwise modified herein, remain in full force and effect. (shb) (Entered: 03/16/2021)

Second AMENDED COMPLAINT against Defendants California Department of Education, Los Angeles Unified School District amending Amended Complaint/Petition 17, filed by Plaintiff M. C. (Attachments: # 1 Exhibit)(German, David) (Entered: 03/17/2021)

NOTICE of Appearance filed by attorney David R Mishook on behalf of Defendant Los Angeles Unified School District (Attorney David R Mishook added to party Los Angeles Unified School District(pty:dft))(Mishook, David) (Entered: 04/02/2021)

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance 36 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Appearance of Withdrawal of Counsel G123.. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (ak) (Entered: 04/05/2021)

ANSWER to Amended Complaint/Petition 35 filed by Defendant Los Angeles Unified School District.(Mishook, David) (Entered: 04/06/2021)

NOTICE OF MOTION AND MOTION to Dismiss Defendant California Department of Education, Tony Thurmond filed by Defendant California Department of Education, Tony Thurmond. Motion set for hearing on 5/11/2021 at 10:00 AM before Judge Consuelo B. Marshall. (Attachments: # 1 Memorandum MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF CALIFORNIA DEPARTMENT OF EDUCATIONS MOTION TO DISMISS SECOND AMENDED COMPLAINT, # 2 Proposed Order [PROPOSED] ORDER GRANTING CALIFORNIA DEPARTMENT OF EDUCATIONS MOTION TO DISMISS PLAINTIFFS SECOND AMENDED COMPLAINT) (Bancroft, Sarah) (Entered: 04/06/2021)

1

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Response in Opposition to Motion

REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Defendant California Department of Education, Tony Thurmond 39 filed by Defendants California Department of Education, Tony Thurmond. (Bancroft, Sarah) (Entered: 05/04/2021)

MINUTE IN CHAMBERS - NOTICE TO ALL PARTIES OF COURT ORDER by Judge Consuelo B. Marshall: On the Courts own motion, the motion to dismiss 39, currently scheduled for May 11, 2021, is hereby ordered continued to June 8, 2021 at 10:00 a.m. The Court further orders the Scheduling Conference set for May 18, 2021, is hereby continued to June 8, 2021 at 10:00 a.m. IT IS SO ORDERED. (shb) (Entered: 05/10/2021)

JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 4 days, filed by Plaintiff M. C... (Bird, Melinda) (Entered: 06/01/2021)

MINUTE IN CHAMBERS-ORDER AND NOTICE TO ALL PARTIES by Judge Consuelo B. Marshall: Counsel are hereby notified that the above matter is set on the Court's calendar for a Telephonic hearing re Motion to dismiss 39 and Scheduling Conference on June 8, 2021 at 10:00 a.m. Counsel should use a land line and handset from a quiet location, no speaker phone. Wait on the lineuntil your case is called, while you are waiting, please mute your phone as the Court can hear all the noise in the background. The call in number will be given to the parties one day before the hearing. IT IS SO ORDERED. See order for more details. (shb) (Entered: 06/07/2021)

MINUTES OF TELEPHONIC HEARING RE MOTION TO DISMISS 39 and SCHEDULING CONFERENCE: Motion Hearing and Scheduling Conference held before Judge Consuelo B. Marshall. The case is called and counsel state their appearance. The Court and counsel confer. Following discussions with the parties, the Court advises counsel that the motion is taken under submission and a written order will issue. That order will include a new scheduling conference hearing date. Parties will meet and confer re the Office of Administrative Hearings case and will file a copy by no later than June 22, 2021. IT IS SO ORDERED. Court Reporter: Miriam Baird. (shb) (Entered: 06/09/2021)

TRANSCRIPT ORDER as to Plaintiff M. C. for Court Reporter. Court will contact Beverly Familar at Beverly.Familar@disabilityrightsca.org with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Bird, Melinda) (Entered: 06/21/2021)

SUPPLEMENT Supplemental Filing re Motion to Dismiss: Administrative Record filed by Plaintiff M. C.. (Attachments: # 1 Declaration Declaration of David W. German, # 2 Exhibit A. Complaint for Due Process, # 3 Exhibit B. California Department of Educations Notice of Representation and Motion to Dismiss, # 4 Exhibit C. Exhibit C_ Order Dismissing Matter for Lack of Jurisdiction)(German, David) (Entered: 06/22/2021)

ORDER RE DEFENDANT CALIFORNIA DEPARTMENT OF EDUCATION'S MOTION TO DISMISS, 39 by Judge Consuelo B. Marshall: The Court DENIES CDEs Motion to Dismiss. IT IS SO ORDERED. See order for more information. (shb) (Entered: 09/09/2021)

STIPULATION Extending Time to Answer the complaint as to California Department of Education answer now due 10/25/2021, filed by Defendant California Department of Education. (Attachments: # 1 Proposed Order Proposed Order Adopting Stipulation to Extend Time for CDE to Answer Second Amended Complant)(Bancroft, Sarah) (Entered: 09/27/2021)

ORDER ADOPTING STIPULATION TO EXTEND TIME FOR CALIFORNIA DEPARTMENT OF EDUCATION TO ANSWER SECOND AMENDED COMPLAINT 49, by Judge Consuelo B. Marshall: IT IS HEREBY ORDERED that Defendant CDE's time to file an Answer to Plaintiffs SecondAmended Complaint is extended by 30 days, to October 23, 2021. (shb) (Entered: 09/28/2021)

MINUTES IN CHAMBERS-ORDER AND NOTICE TO ALL PARTIES by Judge Consuelo B. Marshall. Counsel are hereby notified that pursuant to the Judge's directive, the Scheduling Conference is set for November 9, 2021 at 10:00 a.m. Counsel shall file a joint Rule 26 report by no later than November 2, 2021. IT IS SO ORDERED. (et) (Entered: 10/07/2021)

ANSWER to Amended Complaint/Petition 35 filed by Defendant California Department of Education.(Bancroft, Sarah) (Entered: 10/22/2021)

JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 4 days, filed by Defendants California Department of Education, Los Angeles Unified School District.. (Bancroft, Sarah) (Entered: 11/02/2021)

MINUTE ORDER IN CHAMBERS - OFF THE RECORD by Judge Consuelo B. Marshall: The Scheduling Conference, currently set for NOVEMBER 9, 2021, is hereby taken off calendar. The Court will set the following deadlines: Fact discovery shall be completed on or before December 30, 2022. Expert discovery shall be completed on or before March 15, 2023. Settlement conference shall be held on or before March 20, 2023. Motions shall be set for oral argument on or before May 23, 2023 at 10:00 a.m. Joint Status Report to be filed by June 6, 2023. Status Conference re Jury Trial is set on June 13, 2023 at 10:00 a.m. Jury Trial is set on June 27, 2023 at 10:00 a.m.(est. 4-5 days). See order for more information. (shb) (Entered: 11/04/2021)

Notice of Appearance or Withdrawal of Counsel: for attorney Ramaah Sadasivam counsel for Plaintiff M. C.. Adding Ramaah Sadasivam as counsel of record for M.C. for the reason indicated in the G-123 Notice. Filed by Plaintiff M.C.. (Attorney Ramaah Sadasivam added to party M. C.(pty:pla))(Sadasivam, Ramaah) (Entered: 11/09/2021)

REQUEST for ADR Procedure No. 1 filed. Parties request Filed by Defendants California Department of Education, Tony Thurmond.(Bancroft, Sarah) (Entered: 11/19/2021)

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Request for ADR Procedure No. 1 - (ADR-1) 56 . The following error(s) was/were found: he form is not completely filled out and signed by all parties Proposed Document was not submitted as separate attachment. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (shb) (Entered: 11/19/2021)

STATUS REPORT, Joint Supplemental Status Report Regarding ADR filed by Defendant Los Angeles Unified School District. (Mishook, David) (Entered: 11/23/2021)

ORDER/REFERRAL to ADR Procedure No 1 by Judge Consuelo B. Marshall. Case ordered to Magistrate Judge Charles F. Eick for Settlement Conference. (shb) (Entered: 01/28/2022)

Notice of Appearance or Withdrawal of Counsel: for attorney Ramaah Sadasivam counsel for Plaintiff M. C.. Lauren Lystrup is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff M.C. a minor, by and through his guardian ad litem S.B.. (Sadasivam, Ramaah) (Entered: 04/21/2022)

Notice of Appearance or Withdrawal of Counsel: for attorney Andria Kyung Ah Seo counsel for Plaintiff M. C.. Ramaah Sadasivam is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff M.C. a minor, by and through his guardian ad litem S.B.. (Seo, Andria) (Entered: 06/13/2022)

Notice of Electronic Filing re Notice of Appearance or Withdrawal of Counsel (G-123), 61 e-mailed to kyamanaka@cde.ca.gov bounced due to '550 5.1.10 RESOLVER.ADR.RecipientNotFound; Recipient not found by SMTP address lookup'. The primary e-mail address associated with the attorney record has been deleted. Pursuant to Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ew) TEXT ONLY ENTRY (Entered: 06/30/2022)

Text Only Bounced Notice of Electronic Filing E-mail

SETTLEMENT CONFERENCE ORDER by Magistrate Judge Charles F. Eick. The telephonic settlement conference is set for Thursday, October 27, 2022, at 1:30 p.m. A settlement conference statement of each party must be emailed directly to the chambers of the settlement judge (e_chambers@cacd.uscourts.gov), no later than 5:00 p.m. on October 20, 2022. (See document for further details) (vmun) (Entered: 10/05/2022)

Notice of Appearance or Withdrawal of Counsel: for attorney Sarah Kalas Bancroft counsel for Defendant California Department of Education. Keith Tohru Yamanaka is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant California Department of Education. (Bancroft, Sarah) (Entered: 10/20/2022)

MINUTES OF Telephonic Settlement Conference held before Magistrate Judge Charles F. Eick. Case called. Counsel made their appearances. The Court hears discussion and proceeds with the settlement conference. A settlement was not reached. (vmun) (Entered: 10/28/2022)

Notice Notice of Motion to Bifurcate filed by Defendant California Department of Education. (Attachments: # 1 Memorandum Memo of Ps & As to Bifurcate, # 2 Proposed Order Proposed Order to Bifurcate)(Bancroft, Sarah) (Entered: 12/06/2022)

Notice filed by Defendant California Department of Education. (Attachments: # 1 Memorandum Memo of Ps & As ISO Mtn to Deny Class Certification, # 2 Proposed Order Proposed Order Granting CDE's Mtn to Deny Certification of Class Action, # 3 Declaration Declaration of Sarah Bancroft ISO Mtn to Deny Class Certification)(Bancroft, Sarah) (Entered: 12/06/2022)

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Notice (Other), 67, Notice (Other) 66 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Motion - Bifurcate; Motion - Order. Hearing information is missing, incorrect, or untimely. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (lom) (Entered: 12/06/2022)

NOTICE OF MOTION AND MOTION to Bifurcate Administrative Appeal filed by Defendant California Department of Education. Motion set for hearing on 1/3/2023 at 10:00 AM before Judge Consuelo B. Marshall. (Attachments: # 1 Memorandum Memo of Ps & As to Bifurcate, # 2 Proposed Order Proposed Order to Bifurcate) (Bancroft, Sarah) (Entered: 12/06/2022)

NOTICE OF MOTION AND MOTION to Certify Class (to deny certification) filed by Defendant California Department of Education. Motion set for hearing on 1/3/2023 at 10:00 AM before Judge Consuelo B. Marshall. (Attachments: # 1 Memorandum Memo of Ps & As ISO Mtn to Deny Class Certification, # 2 Declaration Declaration of Sarah Bancroft, # 3 Proposed Order Proposed Order to Deny Certification) (Bancroft, Sarah) (Entered: 12/06/2022)

NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION to Bifurcate Administrative Appeal 69 filed by Defendant Los Angeles Unified School District. (Mishook, David) (Entered: 12/13/2022)

NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION to Certify Class (to deny certification) 70 filed by Defendant Los Angeles Unified School District. (Mishook, David) (Entered: 12/13/2022)

CONDITIONAL NON-OPPOSITION TO MOTION TO BIFURCATE re NOTICE OF MOTION AND MOTION to Bifurcate Administrative Appeal 69 filed by Plaintiff M. C.. (German, David) (Entered: 12/13/2022)

NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION to Certify Class (to deny certification) 70 filed by Plaintiff M. C.. (German, David) (Entered: 12/13/2022)

RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION to Bifurcate Administrative Appeal 69 filed by Defendant California Department of Education. (Bancroft, Sarah) (Entered: 12/19/2022)

RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION to Certify Class (to deny certification) 70 filed by Defendant California Department of Education. (Bancroft, Sarah) (Entered: 12/19/2022)

SCHEDULING NOTICE by Judge Consuelo B. Marshall: Defendant's NOTICE OF MOTION AND MOTION to Bifurcate Administrative Appeal 69, and Defendant's NOTICE OF MOTION AND MOTION to Certify Class 70 scheduled for 1/3/2022 at 10:00am are hereby continued to 1/4/2023 at 10:00 AM before Judge Consuelo B. Marshall. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kr) TEXT ONLY ENTRY (Entered: 12/30/2022)

EX PARTE APPLICATION to Continue hearing from January 4, 2023 to January 10, 2023 Re: NOTICE OF MOTION AND MOTION to Bifurcate Administrative Appeal 69, Notice (Other) 66, NOTICE OF MOTION AND MOTION to Certify Class (to deny certification) 70, Notice (Other), 67, Text Only Scheduling Notice, 77 filed by Defendant Los Angeles Unified School District. (Attachments: # 1 Proposed Order) (Mishook, David) (Entered: 12/30/2022)

Text Only Scheduling Notice

ORDER 78 by Judge Consuelo B. Marshall: IT IS ORDERED THAT the hearing on the motions found at ECF Nos. 66 and 70, currently set to be heard before this Court on January 4, 2023 at 10:00 a.m., are hereby continued to January 24, 2023 at 10:00 a.m. in this Court. IT IS SO ORDERED. (shb) (Entered: 01/03/2023)

Notice of Appearance or Withdrawal of Counsel: for attorney Sarah Kalas Bancroft counsel for Defendant California Department of Education. Amy Bisson Holloway is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant California Department of Education. (Bancroft, Sarah) (Entered: 01/03/2023)

Notice of Appearance or Withdrawal of Counsel: for attorney Sarah Kalas Bancroft counsel for Defendant California Department of Education. Adding Leonard Garfinkel as counsel of record for California Department of Education for the reason indicated in the G-123 Notice. Filed by Defendant California Department of Education. (Bancroft, Sarah) (Entered: 01/03/2023)

IN CHAMBERS-ORDER AND NOTICE TO ALL PARTIES by Judge Consuelo B. Marshall: Counsel are hereby notified that the above matter is set on the Court's calendar for a Telephonic hearing re Motion to bifurcate Administrative Appeal 69 and Defendant's motion to certify class 70 on JANUARY 24, 2023 AT 11:00 a.m. Counsel should use a land line and handset from a quiet location, no speaker phone. Wait on the line until your case is called, while you are waiting, please mute your phone as the Court can hear all the noise in the background. The call in number will be given to the parties one day before the hearing. Counsel and the parties are reminded that there is a general prohibition against photographing, recording, and rebroadcasting of court proceedings (including those held by telephone or video conference) and any recording of a court proceeding held by video or teleconference, including screenshots or other visual copying of a hearing, is absolutely prohibited. IT IS SO ORDERED. (shb) (Entered: 01/23/2023)

MINUTES OF TELEPHONIC HEARING RE: DEFENDANT'S MOTION TO BIFURCATE ADMINISTRATIVE APPEAL 69 AND DEFENDANT'S MOTION TO CERTIFY CLASS, 70 held before Judge Consuelo B. Marshall: The case is called and counsel state their appearance. The Court and counsel confer. Following discussions with the parties, the Court advises counsel that the Defendant's motion to bifurcate Administrative Appeal 69 is hereby DENIED. The Court further orders the Defendant's motion to certify class 70 is hereby GRANTED. This will be a Bench Trial set for June 27, 2023 at 10:00 a.m. estimated 5 days and not a Jury Trial. IT IS SO ORDERED. Court Reporter: Amy Diaz. (shb) (Entered: 01/25/2023)

TELEPHONIC HEARING RE: DEFENDANT'S MOTION TO BIFURCATE ADMINISTRATIVE APPEAL, 69 AND DEFENDANT'S MOTION TO DENY CERTIFY CLASS 70 held before Judge Consuelo B. Marshall: The case is called and counsel state their appearance. The Court and counsel confer. Following discussions with the parties, the Court advises counsel that the Defendant's motion to bifurcate Administrative Appeal 69 is hereby DENIED. The Court further orders the Defendant's motion to deny certify class 70 is hereby GRANTED. This will be a Bench Trial set for June 27, 2023 at 10:00 a.m. estimated 5 days and not a Jury Trial. IT IS SO ORDERED. Court Reporter: Amy Diaz. (shb) (Entered: 01/27/2023)

First NOTICE OF MOTION AND MOTION for Order for TO CONTINUE HEARING filed by DEFENDANT Los Angeles Unified School District. Motion set for hearing on 6/27/2023 at 10:00 AM before Judge Consuelo B. Marshall. (Attachments: # 1 Proposed Order Proposed Order) (Mishook, David) (Entered: 02/01/2023)

ORDER, 85 by Judge Consuelo B. Marshall: IT IS ORDERED THAT:1. The current trial dates in this matter are VACATED and a hearing dateof June 27, 2023, at 10:00 a.m. is set for resolution of Plaintiffs IDEA appeal (First Cause of Action); 2. Each party will be allowed to file one opening brief (i.e., partial motion for summary judgment) on the IDEA appeal on May 2, 2023, and one opposition on May 30, 2023, with no right to reply without leave of this Court; 3. A further status conference will be set for July 18, 2023, to determine a briefing schedule on summary judgment/trial briefs on the remaining claims; and 4. The Parties will provide the Court with a proposed schedule in advance of the July 18, 2023, status conference. IT IS SO ORDERED. (shb) (Entered: 02/09/2023)

APPLICATION to file document Administrative Record under seal filed by Plaintiff M. C.. (Attachments: # 1 Declaration in Support of Application to File Administrative Record Under Seal, # 2 Proposed Order)(German, David) (Entered: 03/12/2023)

ORDER GRANTING APPLICATION FOR LEAVE TO LODGE ADMINISTRATIVE RECORD UNDER SEAL 87 by Judge Consuelo B. Marshall. The application for an Order that the Administrative Records from the administrative due process hearing below may be lodged under seal is GRANTED. (lom) (Entered: 03/14/2023)

SEALED DOCUMENT Administrative Record Lodged re Order on Motion for Leave to File Document Under Seal, 88 filed by Plaintiff M. C.. (Attachments: # 1 Unredacted Document Volume 1.1 of Administrative Record pp 1-284, # 2 Unredacted Document Volume 1.2 of Administrative Record pp 285-537, # 3 Unredacted Document Volume 2 of Administrative Record pp 538-804, # 4 Unredacted Document Volume 3 of Administrative Record pp 804-1256)(German, David) (Entered: 03/21/2023)

SEALED DOCUMENT Administrative Record Lodged re Order on Motion for Leave to File Document Under Seal, 88 filed by Plaintiff M. C.. (Attachments: # 1 Unredacted Document Volume 1.1 of Administrative Record pp 1-284, # 2 Unredacted Document Volume 1.2 of Administrative Record pp 285-537, # 3 Unredacted Document Volume 2 of Administrative Record pp 538-804, # 4 Unredacted Document Volume 3 of Administrative Record pp 804-1256)(German, David) (Entered: 03/21/2023)

SEALED DOCUMENT Administrative Record Lodged re Order on Motion for Leave to File Document Under Seal, 88 filed by Plaintiff M. C.. (Attachments: # 1 Unredacted Document Volume 1.1 of Administrative Record pp 1-284, # 2 Unredacted Document Volume 1.2 of Administrative Record pp 285-537, # 3 Unredacted Document Volume 2 of Administrative Record pp 538-804, # 4 Unredacted Document Volume 3 of Administrative Record pp 804-1256)(German, David) (Entered: 03/21/2023)

Summary Judgment (Partial)

Summary Judgment (Partial)

Summary Judgment (Partial)

Summary Judgment (Partial)

Summary Judgment (Partial)

Summary Judgment (Partial)

Summary Judgment