M.M. et al v. Lafayette School District et al

Filing 143

ORDER, Motions terminated: 142 STIPULATION WITH PROPOSED ORDER Referring Case to Settlement Conference and Staying Section 504 Claim filed by Lafayette School District, Lafayette Board of Education., ORDER REFERRING CASE to Magistrate Judge Laurel Beeler for Settlement. Setting 10/28/16 case management conference. Signed by Judge Susan Illston on 6/1/16. (tfS, COURT STAFF) (Filed on 6/1/2016) Modified on 6/1/2016 (tfS, COURT STAFF).

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LINA FOLTZ, State Bar No. 167813
[e-mail]
11 Embarcadero West, Suite 230
Oakland, California 94607
Telephone: [phone]
Facsimile: [phone]

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Attorney for Plaintiffs
M.M., E.M., & C.M.

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AMY R. LEVINE, State Bar No. 160743
[e-mail]
MATTHEW J. TAMEL, State Bar No. 229378
mtamel@@dwkesq.com
DANNIS WOLIVER KELLEY
275 Battery Street, Suite 1150
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
LOUIS A. LEONE, ESQ. (SBN: 099874)
[e-mail]
KATHERINE A. ALBERTS, ESQ. (SBN: 212825)
[e-mail]
LEONE & ALBERTS
2175 N. California Blvd., Suite 900
Walnut Creek, CA 94596
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendants
LAFAYETTE SCHOOL DISTRICT & LAFAYETTE
BOARD OF EDUCATION

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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

Case No. C10-04223 SI
STIPULATION AND [PROPOSED] ORDER
REFERRING CASE TO SETTLEMENT
CONFERENCE AND STAYING SECTION
504 CLAIM

LAFAYETTE SCHOOL DISTRICT,
LAFAYETTE BOARD OF EDUCATION,
Defendants.

2nd Amended Complaint: March 21, 2011
Mandate Issued: December 12, 2014

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STIPULATION AND ORDER REFERRING CASE
TO SETTLEMENT CONFERENCE AND STAYING
SECTION 504 CLAIM

C10-04223 SI

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WHEREAS since the last Case Management Conference, the parties have engaged in

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settlement discussions and have now reached a point in those discussions where they believe

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they may be able to resolve all or most of the remaining issues in this case through a Settlement

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Conference with a Magistrate Judge;
WHEREAS the parties agreed to such a Settlement Conference before Magistrate Judge

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Laurel Beeler and have conferred with Judge Beeler’s clerk to reserve September 27, 2016 for

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a full day Settlement Conference in this matter;
WHEREAS with respect to the remaining pending Section 504 claim, the parties wish

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to conserve as much time and resources as possible prior to the Settlement Conference in order
to facilitate settlement and not waste funds and resources on matters that may be settled;
WHEREAS with respect to the remaining IDEA claim, the parties’ motions regarding

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Plaintiff’s entitlement to reimbursement are set to be heard on June 17, 2016 at9:00 a.m;
WHEREAS the parties agree that having the Court’s ruling on the IDEA cross-motions

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prior to the Settlement Conference would be preferable and would promote settlement of the

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case;

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WHEREAS if the remaining Section 504 claims are not resolved by the parties through

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the Settlement Conference, the parties will work together to complete all remaining necessary

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discovery as quickly and efficiently as possible; and

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WHEREAS the parties agree to request that a case management conference be set in

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this action after the conclusion of the Settlement Conference to discuss any remaining

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procedural issues if the case settles or reset any case management deadlines, if necessary, with

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respect to any claims that were not settled by the parties;

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IT IS HEREBY STIPULATED TO by Plaintiffs M.M. and E.M, individually and

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behalf of their minor son, C.M., and Defendants Lafayette School District and Lafayette Board

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of Education, by and through their counsel of record, that:

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1)

The parties request that the above captioned matter be referred to Magistrate

Judge Laurel Beeler for Settlement Conference on September 27, 2016 at 10:00 a.m. in
STIPULATION AND ORDER REFERRING CASE
TO SETTLEMENT CONFERENCE AND STAYING
SECTION 504 CLAIM

C10-04223 SI

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Courtroom C of this Court;
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The hearing on the parties’ cross-motions regarding Plaintiffs’ entitlement to

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reimbursement pursuant to the IDEA currently set for June 17, 2016 at 9:00 a.m. in Courtroom

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1 of this Court remains on calendar;

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3)

The parties request that the Court issue a ruling on the parties’ cross-motions

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regarding Plaintiffs’ entitlement to reimbursement prior to September 27, 2016 if at all

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possible;

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4)

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The parties request that all proceedings as to the Plaintiffs’ remaining Section

504 retaliation claim should be stayed and all case management deadlines as to the Section 504

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claim established in the parties’ Joint Case Management Statement, filed on December 11,

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2015, and/or set by the Court at the December 18, 2015 Case Management Conference should

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be vacated; and

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5)

The parties request that this matter be set for a Case Management Conference on

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or about October 28, 2016 at 3:00 p.m., or as soon thereafter as the Court’s schedule permits, to

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either reset any necessary case management deadlines if the parties do not settle the case or

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discuss any remaining procedural issues if the parties settle the case.

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IT IS SO STIPULATED.

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DATED: May 31, 2016

LINA FOLTZ

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By:
Attorney for Plaintiffs
M.M., E.M., & C.M.

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DATED: May ____, 2016

DANNIS WOLIVER KELLEY

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By:

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AMY R. LEVINE
Attorneys for Defendants
LAFAYETTE SCHOOL DISTRICT and
LAFAYETTE BOARD OF EDUCATION

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STIPULATION AND ORDER REFERRING CASE
TO SETTLEMENT CONFERENCE AND STAYING
SECTION 504 CLAIM

C10-04223 SI

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DATED: May 31, 2016

LEONE & ALBERTS

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

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STIPULATION AND ORDER REFERRING CASE
TO SETTLEMENT CONFERENCE AND STAYING
SECTION 504 CLAIM

C10-04223 SI

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[PROPOSED] ORDER

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Pursuant to the Stipulation of the parties and good cause appearing therefrom, IT IS

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HEREBY ORDERED that:
1)

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The above captioned action is referred to Magistrate Judge Laurel Beeler for the

purpose of conducting a Settlement Conference;
2)

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All proceedings regarding Plaintiffs’ Section 504 claim are stayed until further

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order of this Court and all Case Management deadlines regarding Plaintiffs’ Section 504 claim

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agreed to by the parties in the Joint Case Management Conference Statement filed on

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December 11, 2015 and/or set by this Court at the December 18, 2015 Case Management

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Conference are vacated;
3)

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The parties’ cross-motions regarding Plaintiffs’ entitlement to reimbursement

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pursuant to the IDEA will be heard on June 17, 2016 at 10:00 a.m. in Courtroom 1 of this

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Court as currently scheduled; and
4)

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The above captioned matter is set for a further Case Management Conference on

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October 28, 2016 at 3:00 p.m. in Courtroom 1 of this Court. By October 21, 2016, the parties

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are to file a Joint Case Management Conference Statement apprising the Court of the status of

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any settlement agreed to by the parties, remaining issues to be resolved by the Court, if any,

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and if necessary, proposed a case management schedule for resolving any such remaining

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issues.

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IT IS SO ORDERED.

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DATED: 6/1/16
Hon. Susan Illston
Judge of the United States District Court
Northern District of California

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STIPULATION AND ORDER REFERRING CASE
TO SETTLEMENT CONFERENCE AND STAYING
SECTION 504 CLAIM

C10-04223 SI

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