Emma C., et al v. Eastin, et al

Filing 1776

ORDER directing filing of joint supplemental brief and for CDE to show cause why sanctions should not be imposed for its failure to comply in full with the Court's August 30, 2012 order. (tehlc2, COURT STAFF) (Filed on 10/18/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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EMMA C., et al.,

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Plaintiff,

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v.
DELAINE EASTIN, et al.,

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Defendants.

NO. C96-4179 TEH
ORDER DIRECTING FILING OF
JOINT SUPPLEMENTAL BRIEF
AND FOR CDE TO SHOW
CAUSE WHY SANCTIONS
SHOULD NOT BE IMPOSED

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For the Northern District of California

United States District Court

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In an order dated August 30, 2012, the Court directed Defendant California

13 Department of Education (“CDE”) to respond, in a motion to be made on or before
14 September 10, 2012, to the Monitor’s analysis of an apparent conflict between Consent
15 Decree § 13.0 and the final paragraph of the dispute resolution language proposed by both
16 parties in the Fourth Joint Statement. CDE failed to comply with this part of the Court’s
17 order, and because CDE did not address the Monitor’s analysis in its motion, Plaintiffs
18 likewise did not address the analysis in their opposition to CDE’s motion.
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For the reasons stated above, and with good cause appearing, IT IS HEREBY

20 ORDERED that:
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1.

The parties shall file a joint supplemental brief setting forth their

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positions, agreed to or disputed, on the Monitor’s analysis of the

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apparent conflict between Consent Decree § 13.0 and the final paragraph

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of the dispute resolution language proposed by both parties in the Fourth

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Joint Statement on or before October 24, 2012;

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2.

CDE shall show cause, in a separate filing to be made on or before

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October 24, 2012, why sanctions should not be imposed for its failure to

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comply in full with the Court’s August 30, 2012 order.

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5 IT IS SO ORDERED.
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7 Dated:
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10/18/2012
THELTON E. HENDERSON, JUDGE
UNITED STATES DISTRICT COURT

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For the Northern District of California

United States District Court

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