Fresno Unified School District v. K.U., et al.

Filing 100

JOINT STIPULATION DESIGNATING AND LODGING ADMINISTRATIVE RECORD, signed by Magistrate Judge Michael J. Seng on 09/25/2013. (Yu, L)

McCormick, Barstow, Sheppard,
Wayte & Carruth LLP
Sang-Jin Nam, #148859
Melody A. Hawkins, #226522
5 River Park Place East
Fresno, California 93720-1501
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Plaintiff and Counterdefendant
FRESNO UNIFIED SCHOOL DISTRICT

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION

FRESNO UNIFIED SCHOOL DISTRICT,
Plaintiff,
v.

Case No. CV F 12-1699 MJS
JOINT STIPULATION DESIGNATING
AND LODGING ADMINISTRATIVE
RECORD

K.U. ET AL.,
Defendant.
AND RELATED COUNTER-CLAIMS
TO THE COURT, ALL PARTIES HEREIN AND TO THEIR ATTORNEYS OF
RECORD:
Pursuant to Local Rules 143 and 138(b), Defendant and Counterclaimant A.D.U., in her
individual capacity as parent (herein, “A.D.U.” individually), and Defendant and Counterclaimant
K.U., by and through her education rights holder, A.D.U. (herein, “K.U.”), by and through their
attorney of record, Roger Greenbaum, Esq. of Roger A. Greenbaum Equity Law and Mediation, and
Plaintiff and Counterclaim Defendant Fresno Unified School District (herein, “District”), by and
through its attorneys of record, Sang-Jin Nam, Esq. and Melody A. Hawkins, Esq. of McCormick,
Barstow, Sheppard, Wayte & Carruth, hereby stipulate and agree as follows:
1.

The Parties jointly designate and lodge the Administrative Record in the above-entitled

action. The Administrative Record consists of pages AR000001 through AR002102, and is filed

concurrently herewith. The following documents are included in the Administrative Record:
AR 000002- Parent’s Request for Mediation and Due Process Hearing faxed to OAH on
AR 000028

January 23, 2012

AR 000029- OAH Scheduling Order and Notice of Due Process Hearing and Mediation
AR 000035

dated January 26, 2012

AR 000036- Respondent FUSD’s Notice of Representation dated January 27, 2012
AR 000040
AR 000041- Respondent FUSD’s Brief and Opposition to Motion for Stay Put dated
AR 000165

January 30, 2012

AR 000166– OAH Order Granting Motion for Stay Put dated February 2, 2012
AR 000170
AR 000171– Parent’s Response to FUSD Brief and Opposition to Motion for Stay Put
AR 000173

dated February 3, 2012

AR 000174- FUSD ’s Answer to Special Education Due Process Complaint including
AR 000341

Declaration of Sang-Jin Nam in Support of in Support of Fresno Unified
School District’s Answer to Special Education Due Process Complaint dated
February 3, 2012

AR 000342- FUSD’s Notice of Change of Law Firm, Address and Telephone and
AR 000345

Facsimile Numbers dated February 8, 2012

AR 000346- Parent’s Request for Continuance of Telephonic Pre-hearing Conference
AR 000348

dated March 6, 2012

AR 000349- OAH Notice of Rescheduled Mediation dated March 7, 2012
AR 000350
AR 000351- Respondent FUSD’s Pre-Hearing Conference Statement dated March 7,
AR 000363

2012

AR 000364- Respondent FUSD’s Opposition to Motion for Continuance dated March 8,
AR 000370

2012

JOINT STIPULATION DESIGNATING AND LODGING ADMINISTRATIVE RECORD

AR 000371 - Exhibit “1” to Fresno Unified School District’s Opposition to Motion for
AR 000385

Continuance

AR 000386- OAH Order Granting Request for Continuance and Setting Prehearing
AR 000388

Conference and Due Process Hearing dated March 9, 2012

AR 000389

Notice of Resolution Session Outcome

AR 000390– FUSD’s Pre-Hearing Conference Statement dated March 18, 2012
AR 000403
AR 000404- OAH Order Following Prehearing Conference dated April 4, 2012
AR 000408
AR 000409- Parent’s Request for Continuance of Due Process Hearing dated April 9,
AR 000410

2012

AR 000411

Parent’s Request for Transcript or Administrative Record dated April 27,
2012

AR 000412- OAH Order Setting Status Conference dated May 4, 2012
AR 000413
AR 000414- OAH Order Following Status Conference, Granting Continuance and
AR 000416

Extending Time for Issuance of Decision dated May 7, 2012

AR 000417- Parent’s Request to Allow Private Attorney to Read Petitioner’s Closing
AR 000418

Brief dated May 15, 2012

AR 000419– OAH Order Regarding Student’s Request for Review of Closing Brief by
AR 000420

Private Attorney dated May 21, 2012

AR 000421– Respondent FUSD’s Closing Brief dated May 29, 2012
AR 000445
AR 000446- Parent’s Closing Brief dated May 29, 2012
AR 000477
AR 000478- OAH Order Following Status Conference, Granting Continuance and
AR 000480

Extending Time For Issuance of Decision dated June 6, 2012

JOINT STIPULATION DESIGNATING AND LODGING ADMINISTRATIVE RECORD

AR 000481- OAH Notice of Telephonic Status Conference dated July 2, 2012
AR 000482
AR 000483- OAH Order Denying Continuance and Reassigning Matter for Decision
AR 000486

dated July 3, 2012

AR 000487- Parent Preemptory Challenge Regarding ALJ Deidre Johnson dated July 9,
AR 000488

2012

AR 000489- OAH Order Granting Student’s Preemptory Challenge dated July 10, 2012
AR 000490
AR 000491- OAH Decision dated August 3, 2012
AR 000518
AR 000519- Parent Requests for Corrections and Clarification dated August 14, 2012
AR 000520
AR 000521- OAH Order Denying Request for Reconsideration dated August 27, 2012
AR 000523
AR 000524- FUSD’s Exhibit Binder Index
AR 000525
AR 000526- FUSD’s Exhibit List and Exhibits dated April 4, 2012
AR 000695
AR 000696– Student’s Exhibit List and Exhibits dated April 4, 2012
AR 001025
AR 001026– Transcript of April 2, 2012 Prehearing Conference
AR 001076
AR 001077- Transcript of Due Process Hearing April 10, 11, 12, 13, 24, 2012
AR 002102

2.

It is further stipulated by the Parties that each Party reserves the right to make any

corrections, additions or subtractions to the jointly-designated Administrative Record, as filed
concurrently herewith, if necessary to render such Designation correct in all material respects. Any
JOINT STIPULATION DESIGNATING AND LODGING ADMINISTRATIVE RECORD

Party exercising said right shall provide Notice to the Court and all Parties regarding any such
changes. The Party making any corrections, additions or subtractions will be responsible for
preparing and lodging an amended Designation of Administrative Record, including any and all costs
related thereto.
3.

It is stipulated by the parties that the Court may issue the Stipulated Order, as set forth

above, jointly designating and lodging the Administrative Record, as filed concurrently herewith.
IT IS SO STIPULATED
Dated: September 23, 2013

McCORMICK, BARSTOW, SHEPPARD,
WAYTE & CARRUTH LLP
/s/ Sang-Jin Nam
Sang-Jin Nam
Melody A. Hawkins
Attorneys for Plaintiff and Counterdefendant
FRESNO UNIFIED SCHOOL DISTRICT

By:

Dated: September 23, 2013

ROGER GREENBAUM EQUITY LAW &
MEDIATION
/s/ Roger A. Greenbaum
Roger A. Greenbaum
Attorneys for Defendants and Counterclaimants
K.U. and A.D.U.

By:

ORDER

Good cause appearing, the Stipulation is approved.

IT IS SO ORDERED.
Dated:

September 25, 2013

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE
DEAC _Signature- END:

ci4d6

JOINT STIPULATION DESIGNATING AND LODGING ADMINISTRATIVE RECORD