Case: Colin v. Orange Unified School District

Lambda Legal

PETITION by plaintiff Anthony Colin for appt of guardian ad litem (dr) (Entered: 12/02/1999)

PETITION by plaintiff Heather Zetin for appt of guardian ad litem (dr) (Entered: 12/02/1999)

LODGED App for Non-Res Atty re: Elliot M. Mincberg submitted by plaintiffs (FWD TO CRD) (dr) Modified on 12/02/1999

ORDER by Magistrate Judge Elgin C. Edwards granting petition [1-1] (dr) (Entered: 12/02/1999)

ORDER by Magistrate Judge Elgin C. Edwards granting petition [2-1] (dr) (Entered: 12/02/1999)

COMPLAINT filed, (20 day/Summons(es) issued) (dr) (Additional attachment(s) added on 7/24/2018: # 1 Part 2) (lwag). (Entered: 12/02/1999)

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Certification As To Interested Parties filed by plaintiffs. (dr) (Entered: 12/02/1999)

APPLICATION AND ORDER of Non-Resident Attorney to Appear in a Specific Case filed for plaintiff Anthony Colin, plaintiff Heather Zetin, plaintiff Gay-Straight Allianc by Judith Schaeffer. Designating David C Codell as local counsel. Approved by Judge David O. Carter . (Fee pd) (rmi) (Entered: 12/09/1999)

APPLICATION AND ORDER of Non-Resident Attorney to Appear in a Specific Case filed for Anthony Colin, Heather Zetin, Gay-Straight Allianc by Elliot M Mincberg. Designating David C Codell as local counsel. Approved by Judge David O. Carter . (Fee pd) (rmi) (Entered: 12/09/1999)

ALIAS SUMMONS issued as dfts, to Orange Unified Sch, - Orange Unified, Nancy Murray, Barbara Van Otterloo, Terri Sargeant, Martin Jacobson, Maureen Aschoff, Linda Davis, William - Lewis, Robert Viviano, Kathy Ward (rmi)

PROOF OF SERVICE of alias summs & cmp executed upon defendant Linda Davis, in her official capacity as member of the Orange Unified School Dist Board of Education on 12/6/99 by personal delivery, rcvd by James A Bowels, Esq, (atty auth to accept svc on behalf of dfts) (rmi) (Entered: 01/03/2000)

PROO OF SERVICE of alias summs & cmp executed upon defendant William Lewis in his official capacity as member of the Orange Unified School Dist Board of Education on 12/6/99 by personal delivery, rcvd by James A Bowles, Esq, (atty auth to accept svc on behalf of dfts) (rmi) (Entered: 01/03/2000)

PROOF OF SERVICE of alias summs & cmp executed upon defendant Kathy Ward on 12/6/99 by personal delivery, rcvd by atty, James A Bowles (auth to accept svc on behalf of dfts) (rmi) (Entered: 01/03/2000)

PROOF OF SERVICE of alias summs & cmp executed upon defendant Robert Viviano on 12/6/99 by personal delivery, rcvd by atty, James A Bowles (auth to accept svc on behalf of dfts) (rmi) (Entered: 01/03/2000)

PROOF OF SERVICE of alias summs & cmp executed upon defendant Maureen Aschoff on 12/6/99 by personal delivery, rcvd by atty, James A Bowles (auth to accept svc on behalf of dfts) (rmi) (Entered: 01/03/2000)

PROOF OF SERVICE of alias summs & cmp executed upon defendant Nancy Murray on 12/6/99 by personal delivery, rcvd by James A Bowles (auth to accept svc on behalf of dfts) (rmi) (Entered: 01/03/2000)

PROOF OF SERVICE of alias summs & cmp executed upon defendant Martin Jacobson on 12/6/99 by personal delivery, rcvd by atty, James A Bowles (auth to accept svc on behalf of dfts) (rmi) (Entered: 01/03/2000)

PROOF OF SERVICE alias summs & cmp executed upon defendant Terri Sargeant on 12/6/99 by personal delivery, rcvd by atty, James A Bowles (atty auth to accept svc on behalf of dfts) (rmi) (Entered: 01/03/2000)

PROOF OF SERVICE of alias summs & cmp executed upon defendant Barbara Van Otterloo on 12/6/99 by personal delivery, rcvd by atty James A Bowles (atty auth to accept svc on behalf of dfts) (rmi) (Entered: 01/03/2000)

PROOF OF SERVICE of alias summs & cmp executed upon defendant Orange Unified School district on 12/6/99 by personal delivery, rcvd by atty, James A Bowles (atty auth to accept svc on behalf of dfts) (rmi) (Entered: 01/03/2000)

PROOF OF SERVICE of alias summs & cmp executed upon defendant Orange Unified on 12/6/99 School Dist Board of Education by personal delivery, rcvd by atty, James A Bowles (atty auth to accept svc on behalf of dfts) (rmi) (Entered: 01/03/2000)

PROOF OF SERVICE by plaintiff Anthony Colin, plaintiff Heather Zetin, plaintiff Gay-Straight Allianc on of civil cover sheet, ntc of assignment, etc (see doc for specifics) (rmi) (Entered: 01/03/2000)

Return of orig alias summons (jd) (Entered: 12/27/1999)

Return of orig summons by plntfs (jd) (Entered: 12/27/1999)

1st AMENDED COMPLAINT [5-1] by plaintiff Anthony Colin, plaintiff Heather Zetin, plaintiff Gay-Straight Allianc . Summons not issd (rmi) (Additional attachment(s) added on 7/24/2018: # 1 First Amended Complaint-Part 2) (lwag). (Entered: 12/23/1999)

NOTICE OF MOTION AND MOTION by plaintiff Anthony Colin, plaintiff Heather Zetin, plaintiff Gay-Straight Allianc for preliminary injunction ; motion hearing set for 8:30 1/24/00 Lodged prop ord (rmi) (Entered: 01/05/2000)

DECLARATION of Heather Zetin by plaintiff Anthony Colin, plaintiff Heather Zetin, plaintiff Gay-Straight Alliance in suppt of plfs' motion for preliminary injunction [24-1] (rmi) (Entered: 01/05/2000)

MEMORANDUM of PA IN SUPPORT by plaintiff Anthony Colin, plaintiff Heather Zetin, plaintiff Gay-Straight Allianc of plfs' motion preliminary injunction [24-1] (rmi) (Entered: 01/05/2000)

DECLARATION of David C Codell by plaintiff Anthony Colin, plaintiff Heather Zetin, plaintiff Gay-Straight Alliance in suppt of plfs' motion for preliminary injunction [24-1] (rmi) (Entered: 01/05/2000)

DECLARATION of Anthony Colin by plaintiff Anthony Colin, plaintiff Heather Zetin, plaintiff Gay-Straight Allianc in suppt of plfs' motion for preliminary injunction [24-1] (rmi) (Entered: 01/05/2000)

ANSWER filed by dfts, Orange Unified Sch, Orange Unified, Nancy Murray, Barbara Van Otterloo, Terri Sargeant, Martin Jacobson, Maureen Aschoff, Linda Davis, William - Lewis, Robert Viviano & Kathy Ward to 1st amended complaint [9-1] (rmi) (Entered: 01/06/2000)

NOTICE by dfts, Orange Unified Sch, Orange Unified, Nancy Murray, Barbara Van Otterloo, Terri Sargeant, Martin Jacobson, Maureen Aschoff, Linda Davis, William Lewis, Robert Viviano, Kathy Ward of interested ptys (rmi) (Entered: 01/06/2000)

DECLARATION of OUSD, asst superintendent, Neil McKinnon by dfts, Orange Unified Sch, - Orange Unified, Nancy Murray, Barbara Van Otterloo, Terri Sargeant, Martin Jacobson, Maureen Aschoff, Linda Davis, William - Lewis, Robert Viviano, Kathy Ward in opp to plfs' appl for preliminary injunction [24-1] (rmi) (Entered: 01/12/2000)

DECLARATION of OUSD Board of Education member, Kathy Ward by dfts, Orange Unified Sch, - Orange Unified, Nancy Murray, Barbara Van Otterloo, Terri Sargeant, Martin Jacobson, Maureen Aschoff, Linda Davis, William - Lewis, Robert Viviano, Kathy Ward in opp to appl for preliminary injunction [24-1] (rmi) (Entered: 01/12/2000)

DECLARATION of El Modena High School principal, Nancy Murray by dfts, Orange Unified Sch, - Orange Unified, Nancy Murray, Barbara Van Otterloo, Terri Sargeant, Martin Jacobson, Maureen Aschoff, Linda Davis, William - Lewis, Robert Viviano, Kathy Ward in opp to plfs' appl for preliminary injunction [24-1] (rmi) (Entered: 01/12/2000)

DECLARATION of OUSD superintendant Barbara Van Otterloo by dfts, Orange Unified Sch, - Orange Unified, Nancy Murray, Barbara Van Otterloo, Terri Sargeant, Martin Jacobson, Maureen Aschoff, Linda Davis, William - Lewis, Robert Viviano, Kathy Ward in opp to plfs' appl for preliminary injunction [24-1] (rmi) (Entered: 01/12/2000)

DECLARATION of E. Sean McLoughlin by dfts, Orange Unified Sch, - Orange Unified, Nancy Murray, Barbara Van Otterloo, Terri Sargeant, Martin Jacobson, Maureen Aschoff, Linda Davis, William - Lewis, Robert Viviano, Kathy Ward in suppt of dfts' opp to motion for preliminary injunction [24-1] (rmi) (Entered: 01/13/2000)

NOTICE OF DISCREPANCY AND ORDER by Judge David O. Carter that dft's memo of PA in opp to mot for P/I is not be filed but instead rejected & is ord ret to cnsl; the decl of E. Sean McLoughlin is to be filed & proceed; (cc: all counsel) (rmi) (Entered: 01/18/2000)

DECLARATION of E. Sean McLoughlin by dfts, Orange Unified Sch, - Orange Unified, Nancy Murray, Barbara Van Otterloo, Terri Sargeant, Martin Jacobson, Maureen Aschoff, Linda Davis, William - Lewis, Robert Viviano, Kathy Ward in suppt of dfts opp to motion for preliminary injunction [24-1] (rmi) (Entered: 01/18/2000)

MEMO OF PA IN OPPOSITION by dfts, Orange Unified Sch, - Orange Unified, Nancy Murray, Barbara Van Otterloo, Terri Sargeant, Martin Jacobson, Maureen Aschoff, Linda Davis, William - Lewis, Robert Viviano, Kathy Ward to plfs' motion for preliminary injunction [24-1] (rmi) (Entered: 01/18/2000)

2nd DECLARATION of David C Codell by plaintiff Anthony Colin, plaintiff Heather Zetin, plaintiff Gay-Straight Allianc in suppt of plfs' motion for preliminary injunction [24-1] (rmi) (Entered: 01/19/2000)

DECLARATIONS of Kevin Gogin, Jerry Halpin & Brooke Rose by plaintiff Anthony Colin, plaintiff Heather Zetin, plaintiff Gay-Straight Allianc in suppt of plfs' motion for preliminary injunction [24-1] (rmi) (Entered: 01/19/2000)

REPLY MEMO by plaintiff Anthony Colin, plaintiff Heather Zetin, plaintiff Gay-Straight Allianc in suppt of motion for preliminary injunction [24-1] (rmi) (Entered: 01/19/2000)

MINUTES: (Hrg) Mot by plf for prelim inj: crt hears stmts frm cnsl & wit testimony; continuing hearing on motion for preliminary injunction [24-1] 3:30 1/25/00 by Judge David O. Carter CR: D Gale (mrgo) (Entered: 01/26/2000)

MINUTES: (Hrg) Mot for prelim inj: crt hears stmts frm cnsl & wit testimony; continuing hearing on motion for preliminary injunction [24-1] 9:00 1/26/00 by Judge David O. Carter CR: D Gale (mrgo) (Entered: 01/27/2000)

MINUTES (hearing held): closing args by cnsl commenced & concluded; crt cont hearing on plf's motion for preliminary injunction [24-1] to 8:30 2/4/00 by Judge David O. Carter CR: Debbie Gale (rmi) (Entered: 01/31/2000)

RECEIPT for release of exh to cnsl upon jgm at hrg (rmi) (Entered: 03/28/2000)

Joint Post-Hearing submission & stip by plaintiffs & defendants re plf's motion for preliminary injunction [24-1] (rmi) (Entered: 02/01/2000)

ORDER re early meeting of cnsl by Judge David O. Carter that cnsl shall conduct an early meeting of cnsl w/in 30 days aft the ans is served as set out in L.R. 6.1., file the early meeting of cnsl rpt required by L.R. 6.5.; in no even may the early meeting rpt be filed later than 10 days bef the stat conf; fur ord that this case is placed on cal for a mandatory status conference n 8:30 3/27/00 (see doc for specifics) (rmi) (Entered: 02/04/2000)

EX PARTE APPLICATION filed dfts, by Orange Unified School, Orange Unified, Nancy Murray, Barbara Van Otterloo, Terri Martin Jacobson, Maureen Aschoff, Linda Davis, William - Lewis, Robert Viviano, Kathy Ward for order suspending prelim inj and staying entire actn pend interlocutory appeal ; dfts' supporting memo of PA (rmi) (Entered: 02/07/2000)

MINUTES (In Chambers): for the reasons set forth in the crt's 2/4/00 ord, dfts' exparte motion for order suspending prelim inj [47-1] & exparte motion staying entire actn pend interlocutory appeal [47-2] is denied; by Judge David O. Carter CR: not present (rmi) (Entered: 02/07/2000)

OPPOSITION by plaintiff Anthony Colin, plaintiff Heather Zetin, plaintiff Gay-Straight Allianc to dfts' exparte motion for order suspending prelim inj [47-1], exparte motion staying entire actn pend interlocutory appeal [47-2]; ldgd prop ord (rmi) Modified on 02/08/2000 (Entered: 02/08/2000)

MINUTES: granting plf's motion for preliminary injunction [24-1]; ord gr the prelim inj is singed, filed & served on cnsl in open crt; req by defense cnsl for a stay pend appeal; crt ord dft's exparte appl for stay pend appeal filed this date; defense cnsl will subm a prop ord; crt takes exparte appl under advisement; by Judge David O. Carter CR: Lisa Michaels, pro tem (rmi) (Entered: 02/08/2000)

ORDER by Judge David O. Carter granting plfs' motion for preliminary injunction [24-1] (see doc for specifics) (rmi) (Entered: 02/08/2000)

ORDER by Judge David O. Carter granting plfs' motion for preliminary injunction [24-1] (SEE DOC FOR SPECIFICS) (ENT 2/16/00) Ntc of ent sent to ptys/cnsl (rmi) Modified on 02/16/2000 (Entered: 02/08/2000)

PROOF OF SERVICE by plaintiff Anthony Colin, plaintiff Heather Zetin, plaintiff Gay-Straight Allianc on 2/8/00 of ord gr plfs' mot for prelim inj (see doc for specifics) (rmi) (Entered: 02/15/2000)

JOINT REPORT OF EARLY MEETING OF COUNSEL filed. Estimated length of trial (unspecified) (rmi) (Entered: 02/29/2000)

List of exhibits and witnesses (ca) (Entered: 03/31/2000)

MINUTES OF MSC: Crt sets the following case mgt dates: discovery c/o 8/31/00; motn cut-off 10/10/00; pretrial conference on 8:30 a.m., on 12/11/00; jury trial set on 8:30 a.m., on 2/6/01 ; trial estimate 7 days. Pretrial sched ord signed, svd oncnsl in open crt, & fld this date. Req by pltf to take the depositions of the School Board Members. Pltf Ord to file the moving papers nlt 4/24/00. Dft to file oppos nlt 5/26/00. Pltfs req to take depositons is set for hrg on 6/12/00, at 8:30 a.m. Hearing hld in chambers to be Under Seal by Judge David O. Carter CR: Debbie Gale (ca) Modified on 03/30/2000 (Entered: 03/30/2000)

PRETRIAL SCHEDULING ORDER by Judge David O. Carter setting disc c/o date: 8/31/00; expert disc c/o date 8/31/00; motn c/o date 10/10/00; PTC 12/11/00 at 8:30 a.m.; trial date 2/6/01 at 8:30 a.m. (ca) (Entered: 03/30/2000)

JOINT STIPULATION and ORDER by Judge David O. Carter to file under seal joint stip requesting tht all or part of status conf be held in chambers ; Ord tht all or part of status conf be held in chambers fld by the prtys on 3/24/00 shall be filed under seal (ca) Modified on 03/30/2000 (Entered: 03/30/2000)

ORDER by Judge David O. Carter granting joint stipulation order tht all or part of status conf be held in chambers [58-2] (ca) (Entered: 03/30/2000)

NOTICE OF MOTION AND MOTION by plaintiff Anthony Colin, plaintiff Heather Zetin, plaintiff Gay-Straight Allianc for leave of crt to depose dft, members of the Orange Unified School Dist Board of Education ; motion hearing set for 8:30 6/12/00 (rmi) (Entered: 05/01/2000)

MEMORANDUM of PA IN SUPPORT by plaintiff Anthony Colin, plaintiff Heather Zetin, plaintiff Gay-Straight Allianc of motion leave of crt to depose dft, members of the Orange Unified School Dist Board of Education [62-1]; decl of Laura W Brill (rmi) (Entered: 05/01/2000)

OPPOSITION by defendant Orange Unified Sch, defendant - Orange Unified, defendant Nancy Murray, defendant Barbara Van Otterloo, defendant Terri Sargeant, defendant Martin Jacobson, defendant Maureen Aschoff, defendant Linda Davis, defendant William - Lewis, defendant Robert Viviano, defendant Kathy Ward to pltfs motn to exceed deposition limit of FED.R.CIV.P. 30(A)(2)(a) &, alt, req to limit scope of depositions (ca) (Entered: 05/19/2000)

REPLY Memo of PA's by plaintiff Anthony Colin, plaintiff Heather Zetin, plaintiff Gay-Straight Allianc in suppt of pltfs motn for lv of crt to depose dft members of the Orange Unified School District Board of Education [62-1] (ca) (Entered: 05/31/2000)

JNT STIPULATION and APPLICATION & ORDER req crt ord implementing stlmnt procedure to which all ptys have agreed: (see doc for specifics) by Judge David O. Carter (krpa) (Entered: 06/01/2000)

ORDER re settlement conference: This matter has bee set for a sttlmt conf with Judge Harry L. Hupp, the date, time, and place are to be announced by Judge Harry L. Hupp (see doc for details) (bp) (Entered: 06/12/2000)

MINUTES: that the crt takes plf's motion for leave of crt to depose dft, members of the Orange Unified School Dist Board of [62-1] under submission; further, the crt indicates that he will hear all discovery motions on this case; by Judge David O. Carter CR: Debbie Gale (rmi) (Entered: 06/20/2000)

STIPULATION and ORDER by Judge David O. Carter that the clms brought in the name of Heather Zetin by & thru her mother & guardian, Judy Anderson in the actn is dism w/out prej purs to FRC 21 & L.R. 20.1; this dism w/out prej of plf, Heather Zetin's clms does not effect the clms brought by or on behalf of plfs Anthony Colin or the Gay-Straight Alliance Club of El Modena High School, all of which clms are stil pending in this matter; terminating party Heather Zetin (rmi) (Entered: 06/20/2000)

MINUTES: The matter herein is assigned to the cal of Judge David O. Carter, however, with the consent of Judge Harry L. Hupp, this case was referred this crt for an informal sttlmt conference. Cnsl for both sides were present and sttlmt discussions was held. After lengthy discussions with both sides, the parties agreed to recess the matter for the day and to meet with Judge Harry L. Hupp for second round of discussion that was sched for settlement conference 9:00 6/16/00 by Judge Harry L. Hupp CR: N/A (bp) (Entered: 06/16/2000)

MINUTES: informal sttlmt conf held ; after lengthy discussions w/both sides, the ptys agreed to recess the matter for the day & to meet w/Judge Harry L. Hupp for a 2nd round of discussions that was sched for 6/16/00 at 9:00 a.m.; by Judge Harry L. Hupp CR: none (rmi) (Entered: 06/20/2000)

ORDER by Judge David O. Carter granting plfs' motion for leave of crt to depose dft, members of the Orange Unified School Dist Board of Education [62-1]; plfs & dfts are permitted to take up to twenty depos ea w/out obtaining fur lv of crt; (see doc for specifics) (rmi) (Entered: 06/15/2000)

MINUTES (In Chambers): a fur sttlmt conf was convened ; after lengthy discussions w/both sides, th ptys agree that a fur conf would be necessary & fur sttlmt conf set on 9:00 6/20/00, (see doc for specifics); by Judge Harry L. Hupp CR: none (rmi) (Entered: 06/23/2000)

MINUTES (In Chambers/Informal Settlement Conf): the crt & consl resumed fur sttlmt discussions; at req of cnsl, the matter was adjourned & cont settlement conference to 9:00 6/23/00 by Judge Harry L. Hupp CR: none (rmi) (Entered: 06/26/2000)

MINUTES (In Chambers): informal settlement conference held ; the case did not settle; the w/in matter is hereby ret to Judge David O. Carter for fur prcdgs; by Judge Harry L. Hupp CR: none (rmi) (Entered: 06/29/2000)

STIPULATION and ORDER by Judge David O. Carter extending discovery ddl to 9/14/00; motion filing ddl set on 9/25/00 & for hrg on or bef 10/16/00; pretrial conference cont to 1/8/01 ; the trial date shall remain sched for 2/6/01 (rmi) (Entered: 07/12/2000)

NOTICE OF MOTION AND MOTION by plaintiff Anthony Colin, plaintiff Gay-Straight Allianc to compel interrog resp & prod of docs ; motion hearing set for 8:30 8/28/00 (rmi) (Entered: 08/15/2000)

Joint Stip of disputed issues by defendant Orange Unified Sch, defendant - Orange Unified, defendant Nancy Murray, defendant Barbara Van Otterloo, defendant Terri Sargeant, defendant Martin Jacobson, defendant Maureen Aschoff, defendant Linda Davis, defendant William - Lewis, defendant Robert Viviano, defendant Kathy Ward re plfs' motion to compel interrog resp & prod of docs [77-1] (rmi) (Entered: 08/15/2000)

DECLARATION of Laura W Brill by plaintiff Anthony Colin, plaintiff Gay-Straight Allianc in suppt of plfs' position w/respect to jt stip of disputed issues re plfs' motion to compel interrog resp & prod of docs [77-1] (rmi) (Entered: 08/15/2000)

AMENDED ntc of mot & mot to compel interrg resp & prod of docs by plaintiff Anthony Colin, plaintiff Gay-Straight Allianc [77-1] (rmi) (Entered: 08/15/2000)

MINUTES: telephonic hearing; the matter is called; the crt & cnsl discuss sched matters; by Judge David O. Carter CR: Debbie Gale (rmi) (Entered: 08/21/2000)

MINUTES: TELEPHONIC HRG: Mtr is called. Crt & cnsl discuss sched mtrs by Judge David O. Carter CR: Debbie Gale (kh) (Entered: 08/25/2000)

JOINT STIPULATION REQ IMMED STAY OF PROC and ORDER by Judge David O. Carter: All discov is stayed; discovery ddl is vac ; Plf's motion to compel interrog resp & prod of docs [77-1] is taken off cal w/o prej; Mot filing ddls are vac, (see doc for specifics) (kh) (Entered: 08/25/2000)

STIPULATION/REQUEST and ORDER by Judge David O. Carter for dism of the lawsuit & order thereon; (see doc for specifics); terminating case (MD JS-6) (rmi) (Entered: 09/29/2000)

TRANSCRIPT filed for proceedings held on 1/24/00. (ts)

TRANSCRIPT filed for proceedings held on 1/25/00. (ts)

RECEIPT OF TRANSCRIPT of proceedings for the following date(s): 6/12/00, 1/24 & 1/25/00 (Re:) CR: D Gale. (ts) (Entered: 01/08/2001)

TRANSCRIPT filed for proceedings held on 6/12/00. (ts)