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

Filing 2163

ORDER Setting Schedule for Allocation Process for Fiscal Year 2016-2017 and Raising Court Monitor's Compensation. Proposed budgets due 04/15/16; Joint statement re: allocation due 05/06/16. If parties cannot reach agreement on allocation, p arties shall submit briefing. Opening Briefs due by 05/20/16; Responses due by 6/03/16; Motion Hearing set for 06/13/16 10:00 AM in Courtroom 2, 17th Floor, San Francisco. Signed by Hon. Thelton E. Henderson on 03/09/16. (tehlc1S, COURT STAFF) (Filed on 3/9/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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EMMA C., et al.,
Plaintiffs,

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v.

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DELAINE EASTIN, et al.,
Defendants.

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Case No. 96-cv-04179-TEH
ORDER SETTING SCHEDULE FOR
ALLOCATION PROCESS FOR
FISCAL YEAR 2016-2017 AND
RAISING COURT MONITOR’S
COMPENSATION

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United States District Court
Northern District of California

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ALLOCATION PROCESS
A new fiscal year will commence on July 1, 2016. The Court hopes that

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Defendants will be able to agree upon an equitable allocation for the RSIP implementation

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budget and the Monitor’s Office budget for fiscal year 2016-2017 without intervention

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from the Court, in light of the guidance provided by this Court’s May 14, 2003 Order Re:

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Initial Allocation, and their past successes in reaching agreement. In the event that

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informal resolution is not possible, however, the Court will make an equitable allocation.
To facilitate conducting the allocation process in a timely manner, the Court sets

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forth the following schedule:
1. By no later than Friday, April 15, 2016, Ravenswood and the Court Monitor

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shall each submit their respective proposed budgets to the Court and the parties.1
2. The Defendants shall, as soon as possible thereafter, meet and confer in good

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faith to seek an agreement upon an equitable allocation for the fiscal year 2016-2017.

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The Court recognizes that the future of RSIP implementation and monitoring is
uncertain at this time. For purposes of this Order, both Ravenswood and the Court
Monitor should assume that the RSIP will continue throughout the next school year, unless
some agreement clarifying this is reached by the parties prior to the April 15, 2016
deadline. If circumstances change, the Court will make any necessary adjustments to the
respective budgets and allocation in the future.

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3. Defendants shall, by no later than Friday, May 6, 2016, file either a joint

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statement setting forth an agreed upon allocation for fiscal year 2016-2017 or, if no

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agreement has been reached, email the Court Monitor informing him they have not reached

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agreement and stating, without argument, the areas of disagreement. The parties shall then

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participate in a mediation process led by the Court Monitor in order to attempt to resolve

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these areas of disagreement.
4. Defendants shall, by no later than Friday, May 20, 2016, file either a joint

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statement setting forth an agreed upon allocation for fiscal year 2016-2017, or, if no

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agreement has been reached, separate opening briefs setting forth their respective positions

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with respect to an appropriate allocation.
5. If the parties have not reached agreement, Defendants shall respond to each

United States District Court
Northern District of California

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other’s opening briefs by no later than Friday, June 3, 2016. If Plaintiffs wish to address

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this matter, they may file comments responding to Defendants’ opening briefs no later than

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Friday, June 3, 2016. The Court shall hold a hearing on the allocation issue, if necessary,

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on Monday, June 13, 2016, at 10:00 AM.

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COURT MONITOR’S COMPENSATION
Additionally, the Court finds that it is appropriate to raise the Court Monitor’s

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salary, currently set at $1,200.00 per day, which has not been raised since February 2013.

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Effective immediately, the Court Monitor’s compensation is hereby raised to $1,350.00 per

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day.

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IT IS SO ORDERED.

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Dated: 03/09/16

_____________________________________
THELTON E. HENDERSON
United States District Judge

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