M. et al v. Lafayette School District et al

Filing 184

ORDER Further Case Management Conference set for 5/15/2015 03:00 PM in Courtroom 10, 19th Floor, San Francisco.. Signed by Judge Susan Illston on 4/20/15. (The joint case management conference statement shall be filed one week prior to the conference.)(tfS, COURT STAFF) (Filed on 4/20/2015)

S
7

DANNIS WOLIVER KELLEY
275 BATTERY STREET, SUITE 1150
SAN FRANCISCO, CA 94111

8
9
10

ER

R NIA

n

FO

o
san Illst

LI

u
Judge S

H

6

LOUIS LEONE, State Bar No. 099874
KATHERINE A. ALBERTS, State Bar No. 212825
STUBBS & LEONE
2175 North California Blvd., Suite 900
Walnut Creek, CA 94596
Telephone: [phone]
Facsimile: [phone]

RT

5

NO

4

ERED

O ORD
IT IS S

A

3

UNIT
ED

2

AMY R. LEVINE, State Bar No. 160743
DANNIS WOLIVER KELLEY
275 Battery Street, Suite 1150
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]

RT
U
O

1

S DISTRICT
TE
C
TA

N

F
D IS T IC T O
R

C

Attorneys for Defendants
LAFAYETTE SCHOOL DISTRICT and
LAFAYETTE BOARD OF EDUCATION

11

UNITED STATES DISTRICT COURT

12

NORTHERN DISTRICT OF CALIFORNIA

13
14
15

18
19
20
21
22
23
24
25
26

[Remanded To The United States District
Court By the Ninth Circuit Court of
Appeals]

Plaintiffs,

16
17

Case Nos. C09-04624 and C10-04223 SI

M.M. & E.M., individually and on
behalf of their son, C.M.,

v.

JOINT REQUEST TO SET CASE
MANAGEMENT CONFERENCE

LAFAYETTE SCHOOL DISTRICT,
a Local Educational Agency and
LAFAYETTE BOARD OF
EDUCATION, CALIFORNIA
DEPARTMENT OF EDUCATION
State Superintendent of Public
Instruction for the State of
California, the CALIFORNIA
DEPARTMENT OF GENERAL
SERVICES (DGS), and WILL
BUSH, as State Director for the
California Department of General
Services
Defendants.

27
28
1
SF 783289 1

JOINT REQUEST TO SET CASE MANAGEMENT CONFERENCE

1
2
3
4
5
6
7

DANNIS WOLIVER KELLEY
275 BATTERY STREET, SUITE 1150
SAN FRANCISCO, CA 94111

8
9
10
11
12
13
14
15
16

TO THE COURT, ALL PARTIES, AND THEIR COUNSEL OF RECORD:
The Ninth Circuit Court of Appeals issued an Opinion in the appeal from
these consolidated cases on September 16, 2014, and an Amended Opinion on
October 1, 2014. The Amended Opinion remanded certain issues to the District
Court for further consideration. Mandate returning this matter to this Court was
subsequently issued on December 12, 2014. In addition, on April 7, 2015, the
Ninth Circuit issued an Order transferring the
on appeal to the District Court pursuant to Rule 41(a) of the Federal Rules of
Appellate Procedure.
Thus, there are no issues currently pending before the Ninth Circuit, and it is
appropriate that proceedings in the District Court be resumed. The parties
therefore jointly request that a case management conference be set for May 15,
2015, or such other date as may be available, in order to discuss with the Court
various procedural issues with the Court and establish a new Case Management
Order. Parties will submit a Joint Case Management Statement seven (7) calendars
days before the Case Management Conference.

17
18

DATED: April 16, 2015

DANNIS WOLIVER KELLEY

19

By: /s/ Amy R. Levine
AMY R. LEVINE
Attorneys for Defendants
LAFAYETTE SCHOOL DISTRICT
and LAFAYETTE SCHOOL BOARD

20
21
22
23

DATED: April 16, 2015

STUBBS & LEONE

24

By: /s/Katherine A. Alberts
KATHERINE A. ALBERTS
Attorneys for Defendants
LAFAYETTE SCHOOL DISTRICT
and LAFAYETTE SCHOOL BOARD

25
26
27
28
2

_____________________________________________________________________________________
JOINT REQUEST TO SET CASE MANAGEMENT CONFERENCE

1

DATED: April 16, 2015

2

By: /s/Lina Foltz
LINA FOLTZ
Attorneys for Plaintiffs
M.M. and E.M., individually and on
behalf of their minor son C.M.

3
4
5
6
7

DANNIS WOLIVER KELLEY
275 BATTERY STREET, SUITE 1150
SAN FRANCISCO, CA 94111

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
_____________________________________________________________________________________
JOINT REQUEST TO SET CASE MANAGEMENT CONFERENCE

1
2
3
4
5
6
7
8
9

AMY R. LEVINE, State Bar No. 160743
[e-mail]
DANNIS WOLIVER KELLEY
275 Battery Street, Suite 1150
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
LOUIS A. LEONE, Star Bar No. 099874
[e-mail]
KATHERINE A. ALBERTS, State Bar No. 212825
[e-mail]
STUBBS & LEONE
A Professional Corporation
2175 N. California Blvd., Suite 900
Walnut Creek, Ca 94596
Telephone: [phone]
Facsimile: [phone]

10
11

Attorneys for Defendants
LAFAYETTE SCHOOL DISTRICT and LAFAYETTE
BOARD OF EDUCATION

12
13

UNITED STATES DISTRICT COURT

14

NORTHERN DISTRICT OF CALIFORNIA

15
16

M.M. & E.M., individually and on behalf
of their minor son C.M.,

Case No. C10-04223 SI
[Consolidated with C09-04624]

17
Plaintiffs,
CERTIFICATE OF SERVICE

18
v.
19
20
21
22

LAFAYETTE SCHOOL DISTRICT, a
Local Educational Agency and
LAFAYETTE BOARD OF
EDUCATION,
Defendants.

23
24
25
26
27
28
SF 581253v1

CERTIFICATE OF SERVICE; Case No. C 10-04223 SI [Consolidated with Case No. 3:09-cv-04624 SI]

1
2
3
4
5

I am employed in the County of San Francisco, State of California. I am over the age of
18 and not a party to the within action; my business address is: 275 Battery Street, Suite 1150,
San Francisco, CA 94111. On the date set forth below I served the foregoing documents
described as:
JOINT REQUEST TO SET CASE MANAGEMENT CONFERENCE

6
7
8
9
10
11

website that such counsel is currently on the list to receive emails for this case, and that there are
no attorneys on the manual notice list.
I declare under penalty of perjury under the laws of the United States of America that I am
employed in the office of a member of the bar of this Court at whose direction the service was
made and that this declaration was executed on April 16, 2015, at San Francisco, California.

12
13

/s/Deborah L. Hopkins
Deborah L. Hopkins

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
SF 581253v1

CERTIFICATE OF SERVICE; Case No. C 10-04223 SI [Consolidated with Case No. 3:09-cv-04624 SI]