Case: Michael P. v. Department of Education, State of Hawai'i

Elizabeth G. v. Department of Education, State of Hawai'i

U.S. Court of Appeals for the Ninth Circuit

Elizabeth G. v. Department of Education, State of Hawaii

COMPLAINT against Department of Education, State of Hawai'i (Filing fee $ 350.), filed by Michael P.. (Attachments: # 1 Demand for Jury Trial, # 2 Summons)(gab, ) (Entered: 04/01/2008)

Filing fee: $ 350, receipt number 243060 (gab, ) (Entered: 04/01/2008)

Order Setting Rule 16 Scheduling Conference for 09:00AM on 6/23/2008 before Judge BARRY M. KURREN. (Attachments: # 1 Corporate Disclosure Memo)(gab, ) (Entered: 04/01/2008)

SUMMONS Returned Executed by Michael P.. Department of Education, State of Hawai'i served on 4/1/2008, answer due 4/21/2008. (Varady, Carl) (Entered: 04/02/2008)

SUMMONS Returned Executed by Michael P.. (Varady, Carl) (Entered: 04/02/2008)

Ex Parte Motion for Appointment of Guardian Ad Litem and For Leave to Proceed Under Pseudonym. Signed by JUDGE HELEN GILLMOR on 4/1/2008. (Attachments: # 1 Declaration of Carl M. Varady, # 2 Order Granting Ex Parte Motion for Appointment of Guardian Ad Litem and Leave to Proceed Under Pseudonym)(gab, ) (Entered: 04/03/2008)

Sealed Declaration of Carl M. Varady(gab, ) (Entered: 04/03/2008)

TRANSMITTAL of ADMINISTRATIVE RECORD ON APPEAL; Index to Certified Administrative Record on Appeal; Certification of Record; Certificate of Service. (bbb, ) (Entered: 04/22/2008)

ADMINISTRATIVE RECORD ON APPEAL; Exhibits 1 thru 42. [SEALED] [ORIGINAL RETAINED IN CASE FILE] (bbb, ) (Entered: 04/22/2008)

ADMINISTRATIVE RECORD ON APPEAL: Petitioners' Exhibits 1 thru 21. [SEALED] [ORIGINAL RETAINED IN CASE FILE] (bbb, ) (Entered: 04/22/2008)

ADMINISTRATIVE RECORD ON APPEAL: Respondent's Exhibits 1 thru 48. [SEALED] [ORIGINAL RETAINED IN CASE FILE] (bbb, ) (Entered: 04/22/2008)

ADMINISTRATIVE RECORD ON APPEAL: Trancripts 1 of 7. [SEALED] [ORIGINAL RETAINED IN CASE FILE] (bbb, ) (Entered: 04/22/2008)

ADMINISTRATIVE RECORD ON APPEAL: Transcripts 2 of 7. [SEALED] [ORIGINAL RETAINED IN CASE FILE] (bbb, ) (Entered: 04/22/2008)

ADMINISTRATIVE RECORD ON APPEAL: Transcripts 3 of 7. [SEALED] [ORIGINAL RETAINED IN CASE FILE] (bbb, ) (Entered: 04/22/2008)

ADMINISTRATIVE RECORD ON APPEAL: Transcripts 4 of 7. [SEALED] [ORIGINAL RETAINED IN CASE FILE] (bbb, ) (Entered: 04/22/2008)

ADMINISTRATIVE RECORD ON APPEAL: Transcripts 5 of 7. [SEALED] [ORIGINAL RETAINED IN CASE FILE] (bbb, ) (Entered: 04/22/2008)

ADMINISTRATIVE RECORD ON APPEAL: Transcripts 6 of 7. [SEALED] [ORIGINAL RETAINED IN CASE FILE] (bbb, ) (Entered: 04/22/2008)

ADMINISTRATIVE RECORD ON APPEAL: Transcripts 7 of 7. [SEALED] [ORIGINAL RETAINED IN CASE FILE] (bbb, ) (Entered: 04/22/2008)

Department of Education, State of Hawai'i's ANSWER TO 1 COMPLAINT;# 1 OBJECTION TO REQUEST FOR JURY TRIAL, # 2 Certificate of Service.(bbb, ) (Entered: 04/22/2008)

Defendant Department of Eductation, State of Hawaii's SCHEDULING CONFERENCE STATEMENT; Certificate of Service. (cc: BMK) (bbb, ) (Entered: 06/17/2008)

Scheduling Conference Statement and Plaintiffs Report of Meeting of Parties. (Varady, Carl) (Entered: 06/19/2008)

EP: Rule 16 Scheduling Conference held. Opening Brief due 7/31/2008. Hearing Date to be obtained at the time the Opening Brief is filed at which time a Briefing Schedule will be generated.(C6 - No Record; 9:25-9:30) (Judge BARRY M. KURREN)(rwy) (Entered: 06/23/2008)

EO: By agreement of the parties and consent of the court, the deadline to file the Opening Brief is continued from 7/31/2008 until and including 9/2/2008. cc: Carl Varady, Gary Kam, and Mary Feria. (Judge BARRY M. KURREN)(rwy)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry. (Entered: 07/30/2008)

MOTION Reverse Hearing Officer's Decision Opening Brief in Support of Appeal Pursuant to 20 USC 1415 Carl M. Varady appearing for Plaintiff Michael P. (Varady, Carl) Modified on 9/4/2008 - striking and editing text, see corrective entry (bbb, ). (Entered: 09/02/2008)

CORRECTIVE ENTRY. The entry docket number 27 MOTION Reverse Hearing Officer's Decision Pursuant to 20 USC 1415 filed by Michael P. was filed incorrectly in this case AS A MOTION, when in fact this is: "Plaintiff's Opening Brief in Support of Appeal under 20 U.S.C. § 1415". Docket text will be edited to reflect as so. NO FURTHER ACTION REQUIRED. (bbb, )

EO: Hearing on Administrative Record is set for 11/3/2008 at 09:45 AM before JUDGE HELEN GILLMOR. Memoranda in Opposition is due 10/6/2008. Reply to Opposition is due 10/17/2008. (JUDGE HELEN GILLMOR)(rwy)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry. (Entered: 09/12/2008)

Defendant Department of Education, State of Hawai'i's ANSWERING BRIEF;# 1 Certificate of Compliance with LR 7.5(b), # 2 Certificate of Service. (cc: HG) (bbb, ) (Entered: 10/07/2008)

EO: Per Plaintiff counsel's oral request re: 28 Hearing on Administrative Record set for 11/3/2008 at 09:45 AM before JUDGE HELEN GILLMOR, Reply to Opposition due on 10/17/2008 is CONTINUED to 10/24/2008. (CHIEF JUDGE HELEN GILLMOR)(mrf)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry. (Entered: 10/10/2008)

REPLY re 29 Response (Defendant Department of Education, State of Hawai'i's ANSWERING BRIEF); filed by Michael P.. (Varady, Carl) (Entered: 10/24/2008)

EP: Hearing on Administrative Record. The Court gives leave to Plaintiffs to file an amended request for Guardian Ad Litem and corresponding amended Complaint on or before November 7, 2008. Plaintiffs to file a memorandum regarding the standing of Plaintiff Michael P., and any estoppel arguments on or before November 7, 2008. Defendant Department of Education to file a response memorandum by November 12, 2008. The Court is upholding the February 29, 2008, Administrative Hearing's Officers decision. Court to prepare a written order. (Court Reporter Katherine Eismann) (CHIEF JUDGE HELEN GILLMOR)(mrf)No COS issued for this docket entry (Entered: 11/03/2008)

AMENDED COMPLAINT against all defendants, filed by Michael P..(Varady, Carl) (Entered: 11/07/2008)

MEMORANDUM OF LAW IN SUPPORT OF STANDING, ESTOPPEL AND RELATED ISSUES filed by Michael P., Elizabeth G., Courtney G.. (Attachments: # 1 Declaration of Carl M. Varady, # 2 Exhibit 1 to Declaration of Carl M. Varady, # 3 Exhibit 2 to Declaration of Carl M. Varady, # 4 Exhibit 3 to Declaration of Carl M. Varady, # 5 Exhibit 4 to Declaratin of Carl M. Varady, # 6 Exhibit 5 to Declaration of Carl M. Varady, # 7 Certificate of Service)(Varady, Carl) Modified on 11/12/2008: Viewing of Exhibits 1, 2, 3, and 4 is restricted to case participants. Redacted document filed - docket entry 36 . (afc) (Entered: 11/07/2008)

CORRECTIVE ENTRY. The entry docket number 34 Memorandum, filed by Elizabeth G., Michael P., Courtney G. was filed incorrectly in this case. Exhibits 1 thru 4 fully discloses the naming of a minor. Counsel is notified to refer to the E-Government Act of 2002. The filing party shall re-submit a redacted filing of only Exhibits 1 thru 4 with a caption page. (bbb, )

DECLARATION OF CARL M. VARADY. [SEALED] (bbb, ) (Additional attachment(s) added on 11/10/2008: # 1 Main Document) (bbb, ). (Entered: 11/10/2008)

Errata re 34 Memorandum,. (Attachments: # 1 Exhibit 1 (Redacted), # 2 Exhibit 2 (Redacted), # 3 Exhibit 3 (Redacted), # 4 Exhibit 4 (Redacted), # 5 Certificate of Service)(Varady, Carl) (Entered: 11/10/2008)

Defendant Department of Education, State of Hawai'i's MEMORANDUM IN RESPONSE to Plaintiffs' 34, 36 Memorandum of Law in Support of Standing, Estoppel, and Related Issues; Certificate of Service. (bbb, ) (Entered: 11/13/2008)

Plaintiff's EX PARTE MOTION FOR APPOINTMENT OF GUARDIAN AD LITEM AND FOR LEAVE TO PROCEED UNDER PSEUDONYM;# 1 Declaration of Carl M. Varady, # 2 ORDER Granting Ex Parte Motion. Signed by Magistrate Judge BARRY M. KURREN on November 10, 2008. (bbb, ) (Entered: 11/13/2008)

Defendant Department of Education, State of Hawai'i's ANSWER to 33 Amended Complaint Filed on November 7, 2008; Certificate of Service. (bbb, ) (Entered: 11/18/2008)

ORDER AFFIRMING ADMINISTRATIVE HEARINGS OFFICER'S FEBRUARY 29, 2008, FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION: "For the foregoing reasons, 1. The claims brought by Michael P. individually are DISMISSED WITH PREJUDICE; 2. The substitution of Elizabeth G. as Guardian Ad Litem of Courtney G. does not render the appeal of the Administrative Hearings Officer's February 28, 2008, Findings of Fact, Conclusions of Law, and Decision on Courtney G.'s behalf untimely; 3. The Administrative Hearings Officer's February 28, 2008, Findings of Fact, Conclusions of Law, and Decision is AFFIRMED; and 4. Plaintiffs' request for attorneys' fees and costs under 20 U.S.C. § 1415(e) is DENIED. The Department of Education, State of Hawaii, is the prevailing party. The case is CONCLUDED. Judgment shall be entered. IT IS SO ORDERED." Signed by Chief JUDGE HELEN GILLMOR on March 23, 2009. (bbb, ) (Entered: 03/23/2009)

CLERK'S JUDGMENT. Signed by B. Aurio, Deputy Clerk on March 23, 2009. (bbb, ) (Entered: 03/23/2009)

COURT'S CERTIFICATE of Service - a copy of 41 Clerk's Judgment, 40 "ORDER AFFIRMING ADMINISTRATIVE HEARINGS OFFICER'S FEBRUARY 29, 2008, FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION" has been served upon Registered Participants of CM/ECF who received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF) on 03/23/2009. (bbb, )

NOTICE OF APPEAL as to 41 Clerk's Judgment by Michael P., Elizabeth G., Courtney G.. Filing fee $ 455. (bbb, ) Modified on 5/28/2009 - CA #09-16078 (bbb, ). (Entered: 04/21/2009)

USCA APPEAL FEES received $ 455 receipt number 247309 re 42 Notice of Appeal filed by Elizabeth G., Michael P., Courtney G. (bbb, ) (Entered: 04/21/2009)

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 42 Notice of Appeal. (bbb, ) (Entered: 05/19/2009)

COURT'S CERTIFICATE of Service - a copy of 44 Transmission of Notice of Appeal and Docket Sheet to USCA has been served by First Class Mail to the addresses of record on 05/19/2009. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (bbb, )

USCA CASE NUMBER 09-16078 for 42 Notice of Appeal filed by Elizabeth G., Michael P., Courtney G.. (bbb, ) (Entered: 05/28/2009)

USCA TIME SCHEDULE ORDER as to 42 Notice of Appeal filed by Elizabeth G., Michael P., Courtney G.. (cc: DC, Court Reporter) (bbb, ) (Entered: 05/28/2009)

Certified and Transmitted Record on Appeal to US Court of Appeals re 42 Notice of Appeal (lmg, )No COS issued for this docket entry (Entered: 04/30/2010)

OPINION of USCA as to 42 Notice of Appeal filed by Elizabeth G., Michael P., Courtney G. (Attachments: # 1 Info re Judgment and Post Judgment Proceedings). ~ Accordingly, we REVERSE the district court's order affirming the Hearing Officer's decision and REMAND for further proceedings to determine (1) whether Courtney has a specific learning disability and is eligible for services under IDEA, (2) whether Courtney's placement at Assets and private dyslexia reading tutoring is appropriate, and (3) the appropriate amount of reimbursement. REVERSED AND REMANDED ~ FILED OPINION (BETTY BINNS FLETCHER, HARRY PREGERSON and RICHARD R. CLIFTON) REVERSED AND REMANDED. Judge: HP Authoring, Judge: RRC Dissenting. (ecs, ) CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 09/14/2011)

MANDATE of USCA 09-16078 as to 42 Notice of Appeal filed by Elizabeth G., Michael P., Courtney G. ~ The judgment of this Court, entered September 08, 2011, takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. (ecs, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 09/30/2011)

EO: COURT'S ORDER. Status Conference set for 12/14/2011 at 10:00 AM before JUDGE HELEN GILLMOR. (JUDGE HELEN GILLMOR)(wnn, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 12/06/2011)

EP: Status Conference held on 12/14/2011.The Status Conference is continued to Tuesday, January 10, 2012 at 11:00 a.m. before the Honorable Helen Gillmor.Ms. Holly Shikada, Deputy Attorney General is to submit a written explanation as to why there was no Deputy Attorney General present for the Status Conference which was set to start at 10:00 a.m. on 12/14/2011 by 12/30/2011. The written explanation should also address if this case should go back to the hearings officer, etc. per the Opinion of USCA (Doc. 49). (JUDGE HELEN GILLMOR)(lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 12/14/2011)

ORDER GRANTING MOTIONS AND REFERRING ATTORNEYS' FEES MATTER TO APPELLATE COMMISSIONER (USCA No. 09-16078) 42 (Attachments: # 1 Part 2 - Concurrence, # 2 Part 3 - Partial Dissent)(ecs, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 12/16/2011)

TRANSMITTAL of DOCUMENTS - Sealed Administrative Records received via FedEx on 12/20/2011 (Documents sent to Ninth Circuit in 2010 47 ). Ninth Circuit (Steve Seferian advised that USDC Hawaii is in receipt of documents) SEALED Documents 10 - Administrative Record on Appeal; 11 - Administrative Record on Appeal - Petitioners Exhibits; 12 - Administrative Record on Appeal - Respondents Exhibits; and[13 - 19] Transcripts 1 through 7. documents) (ecs, ) 1/27/2012: Documents stored in old BK courtroom. (ecs, ). (Entered: 12/20/2011)

RESPONSE to 52 To Court Ordered Status Conference With Explanation As To Why There Was No Deputy Attorney General Present At The Designated Time And Position Regarding Whether The Case Should Be Remanded Back To The Hearings Officer filed by Department of Education, State of Hawai'i. (Shikada, Holly) (Entered: 12/27/2011)

NOTICE of Appearance by Toby M. Tonaki on behalf of Department of Education, State of Hawai'i on behalf of Department of Education, State of Hawai'i. (Tonaki, Toby) (Entered: 12/28/2011)

STATUS REPORT; Plaintiffs' Status Conference Statement; Exhibit 1; Certificate of Service by Courtney G., Elizabeth G., Michael P.. (Varady, Carl) Modified text on 1/3/2012 (ecs, ). (Entered: 12/30/2011)

EP: Status Conference held on 1/10/2012. Oral Discussion Held.Court to issue an Order referring this case to the Administrative Hearings Officer for Further Review. (Court Reporter Katherine Eismann.) (JUDGE HELEN GILLMOR)(lls, )No COS issued for this docket entry (Entered: 01/10/2012)

ORDER REMANDING CASE TO ADMINISTRATIVE HEARINGS OFFICER 1 . Signed by JUDGE HELEN GILLMOR on 1/11/2012. ~ The matter is, therefore, REMANDED to the Administrative Hearings Officer, Office of Administrative Hearings, Department of Consumer Affairs, State of Hawaii. The Administrative Hearings Officer must abide by the Ninth Circuit Court of Appeal's decision and determine under the standard proscribed by the appellate court: (1) Whether Courtney has a "specific learning disability" that entitles her to special education services pursuant to Haw. Code R. § 8-60-41(a)(1)-(2); (2) If entitled to special education services, whether Courtneys privately procured education, tutoring, and related services were appropriate; (3) And if her private education was appropriate, the proper amount of reimbursement. (ecs, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 01/12/2012)

Letter from Clerk's Office to Administrative Hearing Officer, Department of Consumer Affairs transmitting "Order Remanding Case to Adminstrative Hearings Officer", 1/12/2012. (ecs, ) (Entered: 01/12/2012)

ORDER of USCA as to 42 Notice of Appeal (No. 09-16078) filed by Elizabeth G., Michael P., Courtney G. (ecs, ) ~ The parties have informed the court that they have fully resolved the matters addressed in the motion for attorneys fees filed by Michael P., Elizabeth G., and Courtney G. The parties' stipulated request to withdraw the motion for attorneys' fees is granted, and the court will take no further action on the motion. No COS issued for this docket entry (Entered: 03/29/2012)

NOTICE of Appearance by Gregg M. Ushiroda on behalf of Department of Education, State of Hawai'i on behalf of Department of Education, State of Hawai'i. (Ushiroda, Gregg) (Entered: 11/01/2013)

Stipulated JUDGMENT. Signed by JUDGE HELEN GILLMOR on 11/5/2013. (gab, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (gab, ). (Entered: 11/07/2013)