Emma C., et al v. Eastin, et al
Filing
1849
SECOND JOINT STIPULATION AND ORDER RE AMENDMENT OF DISPUTE RESOLUTION TIMELINES IN FIFTH JOINT STATEMENT. Signed by Judge Thelton E. Henderson on 06/18/2013. (tmi, COURT STAFF) (Filed on 6/19/2013)
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William S. Koski, Esq., SBN 166061
Carly J. Munson, Esq., SBN 254598
STANFORD LAW SCHOOL
YOUTH & EDUCATION LAW PROJECT
MILLS LEGAL CLINIC
559 Nathan Abbott Way
Stanford, CA 94305-8610
Telephone: (650) 724-3718
Facsimile: (650) 723-4426
Email: bkoski@stanford.edu
Attorneys for Plaintiffs
KAMALA D. HARRIS
Attorney General of California
ISMAEL A. CASTRO
Supervising Deputy Attorney General
LISA A. TILLMAN, SBN 126424
R. MATTHEW WISE, SBN 238485
Deputy Attorneys General
1300 I Street, Suite 125
P.O. Box 944255
Sacramento, CA 94244-2550
Telephone: (916) 327-7872
Fax: (916) 324-5567
E-mail: Lisa.Tillman@doj.ca.gov
Attorneys for Defendant
Department of Education
Arlene B. Mayerson, Esq., SBN 79310
Larisa M. Cummings, Esq., SBN131076
DISABILITY RIGHTS EDUCATION &
DEFENSE FUND, INC.
2212 Sixth Street
Berkeley, CA 94710
Telephone: (510) 644-2555
Facsimile: (510) 841-8645
Emails: amayerson@dredf.org
lcummings@dredf.org
Attorneys for Plaintiffs
JOHN C. BEIERS
COUNTY COUNSEL (SBN 144282)
BY: AIMEE B. ARMSBY, DEPUTY (SBN 226967)
Hall of Justice and Records
400 County Center, 6th Floor
Redwood City, CA 94063
Telephone: (650) 363-4647
Facsimile: (650) 363-4034
Email: aarmsby@co.sanmateo.ca.us
Attorneys for Defendant Ravenswood City School
District and Related Defendants
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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3:96-cv-04179-TEH
EMMA C.,
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v.
Plaintiff, SECOND JOINT STIPULATION RE.
AMENDMENT OF DISPUTE
RESOLUTION TIMELINES IN FIFTH
JOINT STATEMENT
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Judge:
DELAINE EASTIN, ET AL.,
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The Honorable Thelton E.
Henderson
Defendant.
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The parties, by and through their attorneys, agreed in their Fifth Joint Statement to a
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framework for dispute resolution for challenges to (1) CDE’s state-level monitoring system, and
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Second Joint Stipulation Re. Amendment of Timelines in Fifth Joint Statement (3:96-cv-04179-TEH)
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(2) the SESR Findings and Corrective Actions Statement. (Court Docket [CD] 1799.) On April
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8, 2013, the parties stipulated to an amended framework to allow for the opportunity for a
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meaningful exchange of information between the parties and with the hope that the issues could
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be narrowed and/or resolved during the meet-and-confer period. (CD 1826.) The parties have
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continued this exchange and now update the stipulation with the following timelines:
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A.
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Dispute Resolution for CDE’s State-Level Monitoring System
1.
Pursuant to IV.B. and VII.C. of the Fifth Joint Statement, the parties were to engage
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in a meet-and confer discussion within ten days of plaintiffs’ January 25, 2013 submission
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challenging the adequacy and efficacy of the design of CDE’s state-level monitoring system. Due
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to the volume of plaintiffs’ objections and CDE’s desire for transparency, the parties agreed to the
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following framework:
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CDE provided further information about its monitoring system by February 22, 2013.
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After reviewing CDE’s response, plaintiffs submitted written comments and
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additional questions to CDE by March 8, 2013.
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After review of plaintiffs’ comments and questions, CDE provided a further written
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response by March 22, 2013.
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Plaintiffs submitted their final statement of objections to CDE’s monitoring system
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on April 12, 2013.
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CDE provided its final written response to plaintiffs’ final statement of objections on
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May 31, 2013.
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Meet-and-confer discussions will close on July 26, 2013.
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2.
Pursuant to VII.D. of the Fifth Joint Statement, submission to the Monitor of issues
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still in dispute was to occur within a week of the expiration of the meet-and-confer period.
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Although the plaintiffs and CDE have previously submitted comprehensive statements about the
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issues in dispute, the parties have engaged in further discussions. To accommodate the schedules
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of the parties and to coordinate the respective submissions that will be due, the parties have
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agreed that the deadline for this submission to the Monitor is August 26, 2013, the same date as
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Second Joint Stipulation Re. Amendment of Timelines in Fifth Joint Statement (3:96-cv-04179-TEH)
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the deadline for submission to the Monitor regarding the SESR Findings and Corrective Actions
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Statement after the close of meet-and-confer period.
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3.
Pursuant to VII.F. of the Fifth Joint Statement, any party aggrieved by the Monitor’s
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determinations is to seek relief from the Court through filing a motion within fourteen days of the
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Monitor’s determinations. Because of the complexity of the issues at stake and to accommodate
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the schedules of the parties and the Monitor, the parties have agreed that any motions must be
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filed within 45 days of the Monitor’s determinations.
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B.
Dispute Resolution for SESR Findings and Corrective Actions Statement
1.
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Pursuant to II.E. of the Fifth Joint Statement, CDE was to issue the Findings and
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Corrective Actions Statement by January 31, 2013. CDE issued this statement on February 1,
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2013.
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2.
Pursuant to V.B. of the Fifth Joint Statement, plaintiffs were to be granted access to
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District records within seven days of plaintiffs’ February 8, 2013 request. To accommodate the
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schedules of the parties, plaintiffs and the District made these records available for plaintiffs’
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review beginning on April 11, 2013.
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3.
Pursuant to V.B. of the Fifth Joint Statement, CDE was to provide a written response
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within seven days of plaintiffs’ February 8, 2013 request for evidence relied upon by CDE as a
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basis for conclusions in the SESR Findings and Corrective Actions Statement. CDE provided
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this information on March 1, 2013, with a supplemental response (with the CASEMIS data) on
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March 7, 2013.
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4.
Pursuant to VI.A. of the Fifth Joint Statement, the parties were to state objections to
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the SESR Findings and Corrective Actions Statement within thirty days of receiving all evidence
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and student records. The plaintiffs timely submitted their objections on May 10, 2013.
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5.
Pursuant to VI.B. of the Fifth Joint Statement, the parties were to meet and confer
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within ten days of the submission of plaintiffs’ objections. Based on the availability of the
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parties, the parties began the meet-and-confer discussion on June 7, 2013. In light of CDE’s plan
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to conduct meetings with the District on the week of June 24, 2013 to follow up on the
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Second Joint Stipulation Re. Amendment of Timelines in Fifth Joint Statement (3:96-cv-04179-TEH)
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implementation of corrective actions, the parties have agreed to extend the deadline for the meet-
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and-confer period to July 26, 2013.
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6.
Pursuant to VI.C. of the Fifth Joint Statement, the parties are to submit any remaining
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disputed issues to the Monitor within a week of the close of the meet-and-confer period. To
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accommodate the schedules of the parties, the parties have agreed to extend the deadline to
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submit disputed issues to the Monitor to August 26, 2013.
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7.
Pursuant to VI.E. of the Fifth Joint Statement, any party aggrieved by the Monitor’s
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determinations is to seek relief from the Court through filing a motion within fourteen days of the
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Monitor’s determinations. Because of the complexity of the issues at stake and to accommodate
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the schedules of the parties and the Monitor, the parties have agreed that any motions must be
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filed within 45 days of the Monitor’s determinations.
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IT IS SO STIPULATED.
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DISABILITY RIGHTS EDUCATION & DEFENSE FUND, INC.
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/s/ Larisa M. Cummings
Larisa M. Cummings
Attorneys for Plaintiffs
By:
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YOUTH AND EDUCATION LAW PROJECT
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/s/ William S. Koski
William S. Koski
Attorneys for Plaintiffs
By:
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COUNTY COUNSEL OF THE COUNTY OF SAN MATEO
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S
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IT IS S
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son
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NO
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/s/ Aimee Armsby
Aimee Armsby
Deputy County Counsel
Attorneys for Ravenswood City School District and Related
Defendants
R NIA
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UNIT
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S DISTRICT By:
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TA 06/18/2013
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D Joint I C T
Second I S TStipulation Re. Amendment of Timelines in Fifth Joint Statement (3:96-cv-04179-TEH)
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OFFICE OF THE ATTORNEY GENERAL
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By:
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/s/ R. Matthew Wise
R. Matthew Wise
Deputy Attorney General
Attorneys for Defendants Delaine Eastin, Superintendent
of Public Instruction, California Department of Education
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SA2005104070
11108747.doc
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Second Joint Stipulation Re. Amendment of Timelines in Fifth Joint Statement (3:96-cv-04179-TEH)
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