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

Filing 2170

ORDER TO SHOW CAUSE re: 2167 Monitor Memo to Court re: 5th Joint Statement. Show Cause Hearing set for 6/13/2016 at 10:00 AM. CDE Response due by 4/25/2016. Plaintiffs Response due by 5/16/2016. Signed by Judge Thelton E. Henderson on 03/31/16. (tehlc1, COURT STAFF) (Filed on 3/31/2016)

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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.

Case No. 96-cv-04179-TEH
ORDER TO SHOW CAUSE

DELAINE EASTIN, et al.,
Defendants.

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It has come to the Court’s attention by way of memorandum from the Court

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United States District Court
Northern District of California

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Monitor (Docket No. 2167) that Defendant California Department of Education (“CDE”)

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has not followed the process set forth in the Fifth Joint Statement for consideration of

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proposed substantive changes in the state monitoring system, which was agreed to by the

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parties and approved by the Court. See Fifth Joint Statement at 9-10 (Docket No. 1799).

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The Court “possess[es] [the] inherent authority to initiate contempt proceedings for

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disobedience to [its] orders.” Young v. U.S. ex rel Vuitton et Fils S.A.A., 481 U.S. 787, 793

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(1987); Spallone v. United States, 493 U.S. 265, 276 (1990). A party may be held in civil

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contempt where it “failed to take all reasonable steps within the party’s power to comply

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[with a specific and definite court order].” In re Dual-Deck Video Cassette Recorder

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Antitrust Litig., 10 F.3d 693, 695 (9th Cir. 1993).

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The Court reviewed and approved the Fifth Joint Statement in an Order on January

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2, 2013. Docket No. 1803. The Order was definite and specific, and furthermore, it

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adopted the process negotiated and set forth by the parties. The parties have not

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communicated to the Court any intention of revising the process set forth in the Fifth Joint

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Statement, nor has CDE expressed any inability to comply. CDE has simply failed to

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comply with the Fifth Joint Statement, and therefore with this Court’s Order.

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Accordingly, Defendant California Department of Education is hereby ORDERED
TO APPEAR on Monday, June 13, 2016 at 10:00 AM in Courtroom 2 AND SHOW

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CAUSE as to why it should not be held in civil contempt and sanctioned for failure to

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comply with this Court’s January 2, 2013 Order. Plaintiffs shall attend the hearing.

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District Defendants may, but are not expected or required to, attend the hearing.

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CDE shall submit a response to this Order to Show Cause no later than April 25,

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2016, containing the following: (1) An explanation as to why CDE did not follow the

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process set forth in the Fifth Joint Statement; (2) why CDE should not be held in civil

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contempt for failure to comply with this Court’s order, and why sanctions should not be

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imposed to coerce compliance; (3) a detailed account of CDE’s proposed changes to its

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state-level monitoring system, which will serve as notice to the parties and the Court
Monitor pursuant to the Fifth Joint Statement; and (4) CDE’s position on how each of the

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United States District Court
Northern District of California

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proposed changes affects CDE’s compliance with the CAP going forward, and what

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action, if any, the Court should take.

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Plaintiffs shall submit a response no later than May 16, 2016, containing the

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following: (1) whether Plaintiffs object, or waive objections, to each of CDE’s proposed

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changes; and (2) Plaintiffs’ position on how each of the proposed changes affects CDE’s

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compliance with the CAP going forward, and what action, if any, the Court should take.

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If Plaintiffs object to any of CDE’s proposed changes, the parties shall engage in a

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meet-and-confer discussion no later than 10 days from the date of Plaintiffs’ response.

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The Court Monitor shall participate in the meet-and-confer. If the meet-and-confer is

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unsuccessful, the parties shall inform the Court Monitor of their respective positions within

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a week of the expiration of the meet-and-confer period, and the Court Monitor shall then

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make determinations regarding the objections.

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IT IS SO ORDERED.

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Dated: 03/31/16

_____________________________________
THELTON E. HENDERSON
United States District Judge

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