Cupertino Union School District

Filing 31

ORDER RE JOINDER OF INDISPENSABLE PARTY AND LEAVE FOR DEFENDANT TO AMEND COUNTERCLAIM; CASE MANAGEMENT ORDER. Defendant's Motion to Appoint Counsel 30 is Denied. Plaintiff to lodge administrative record by 6/20/2014. Motions for Summary Judgment due by 7/18/2014. Responses due by 8/1/2014. Replies due by 8/15/2014. Motion Hearing set for 9/4/2014 09:00 AM in Courtroom 3, 5th Floor, San Jose before Hon. Beth Labson Freeman. Signed by Hon. Beth Labson Freeman on 5/30/2014. (blflc2, COURT STAFF) (Filed on 5/30/2014) (Additional attachment(s) added on 5/30/2014: # 1 Certificate/Proof of Service) (tsh, COURT STAFF).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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CUPERTINO UNION SCHOOL
DISTRICT,
Plaintiff,

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v.

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K.A., BY AND THROUGH S.A. AND J.S.,
et al.,

Case No. 13-cv-04659-BLF
ORDER RE JOINDER OF
INDISPENSABLE PARTY AND LEAVE
FOR DEFENDANT TO AMEND
COUNTERCLAIM; CASE
MANAGEMENT ORDER

United States District Court
Northern District of California

Defendants.
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On May 29, 2014, counsel for Plaintiff Cupertino Union School District appeared before
Judge Beth Labson Freeman for a Case Management Conference. Defendant did not appear.
Upon careful consideration of the posture in this case as well as controlling authority from

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the U.S. Supreme Court, Winkelman ex rel. Winkelman v. Parma City Sch. Dist., 550 U.S. 516

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(2007), the Court ORDERS as follows:

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1.

Mr. Subramanyam Ajjampura, Defendant K.A.’s father and court-appointed

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guardian ad litem, shall be joined as an indispensable party and named as an

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individual defendant in Plaintiff’s complaint. Plaintiff shall file an amended

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complaint adding Mr. Ajjampura as a named defendant and serve the amended

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complaint on all parties.

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2.

be deemed the answer of Defendant Mr. Ajjampura.

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The Answer filed by Defendant K.A. on November 5, 2013, (Answer, ECF 7), shall

3.

Within twenty-one (21) days of the date of this order, Mr. Ajjampura may file an

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amended set of counterclaims in his own name. Other than the addition of Mr.

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Ajjampura as a named counterclaimant, no other amendments to the counterclaims

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will be permitted without further court order. Absent such amendment, the

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counterclaims asserted by Defendant K.A. will be dismissed on the ground that a

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non-attorney parent is not authorized to represent his child pro se. Johns v. Cnty. of

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San Diego, 114 F.3d 874, 877 (9th Cir. 1997).
4.

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Should Mr. Ajjumpura file counterclaims in his own name, Plaintiff’s Answer to

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Counterclaim filed November 27, 2013, (Pl.’s Answer, ECF 9), shall be deemed the

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answer to Mr. Ajjampura’s counterclaims.
5.

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Because Mr. Ajjampura may represent himself in vindicating his independent right

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under the IDEA to a free appropriate public education for his child, Winkelman,

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550 U.S. 516, 533, Defendant K.A.’s Motion for Appointment of Attorney filed
May 20, 2014, (ECF 30), is DENIED.1

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IT IS HEREBY ORDERED that the following schedule shall apply in this case:

United States District Court
Northern District of California

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EVENT

DEADLINE

Plaintiff to Lodge Administrative Record

June 20, 2014

Parties to File Motions for Summary Judgment

July 18, 2014

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Parties to File Opposition to Motions for Summary Judgment

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August 1, 2014

Parties to File Replies to Motions for Summary Judgment

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August 15, 2014

Hearing on Motions for Summary Judgment

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September 4, 2014
9:00 a.m.
Courtroom 3, 5th Floor, San Jose
Courthouse

IT IS FURTHER ORDERED THAT the parties shall comply with the Civil Local Rules

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and the Court’s standing orders, which are available on the Court’s website and in the Clerk’s

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Office.

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Dated: May 30, 2014

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_________________________________
BETH LABSON FREEMAN
United States District Judge

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The Court’s March 12, 2014 Order to Show Cause, (ECF 22), is hereby VACATED.
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