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Ramona Unified School District
Legal fees from losing Title IX suit
prove costly
By Brent Schrotenboer
Union-Tribune Staff Writer
January 28, 2009

RAMONA — The Ramona school district has been scrambling to find
a way to pay almost $325,000 in attorneys' fees and costs to
Ramona High softball parents who sued in 2007 because boys had
a better baseball facility.

The parents argued in their gender equity suit under the federal
Title IX law that the girls softball facilities were inferior to the boys' on-
campus field. Among other complaints, they said that because the
softball players didn't have an on-campus field, they had to use
three backstops at a middle school and change clothes in a dirty
public restroom “frequented by the homeless.”

After a federal judge ordered the Ramona Unified School District to
construct a new softball field in September 2007, the district spent
about $200,000 to make it similar in quality to the baseball facility,
including a new scoreboard, sound system and double-wide batting
cage.

“It's a huge, huge, huge improvement,” said Mike Schuler, Ramona's
softball coach.

But now the district is struggling to pay the plaintiffs' attorneys' fees
and costs. The judge's order to pay those expenses comes as the
district faces $7.2 million in cuts over the next 18 months stemming
from the state budget crisis.

“We are attempting to work with plaintiffs' attorneys to seek
alternative ways of payment,” Superintendent Bob Graeff said. “We
have no intention of avoiding making payment or appealing the
judgment, but because of our financial situation and everybody
else's in California, we're trying to find other ways to make payment.”

Graeff said alternatives include paying over a number of years. The
district also had to use an outside law firm to defend itself, but the
district's insurance coverage paid those fees. The insurance did not
cover opposing attorneys' fees.

Lawyers and experts say it's a cautionary tale for schools whose
athletics facilities for girls aren't up to par with those for the boys.

Title IX is a 37-year-old federal law that forbids sex discrimination in
any education program or activity receiving federal funds. Over past
11 years, Mesa College, the Sweetwater Union High School District
and the Grossmont Union High School District are among those that
have faced similar complaints, all involving inadequate softball
facilities compared to boys baseball.

Karen Hess, a plaintiff in the Ramona case, said she approached
Ramona district officials in 2004, but after getting what she believed
to be an inadequate response, she sued in January 2007.

“We could have done all this and avoided any expense to the district
if they had just built the field,” Hess said.

Graeff, who became the district superintendent last July, said the
district had planned to build a softball field in a different area behind
the high school, but environmental concerns prevented it.

“The plaintiffs grew tired of waiting,” he said. “I don't blame them for
that.”

Previously Ramona softball teams had to play off campus at the
Ramona Adult Softball Complex and at Olive Peirce Middle School.
The new softball facility is next to the boys' baseball field.

“The girls absolutely love it,” said Schuler, the coach. “They love
being on campus.”

Softball has become a popular Title IX legal cause largely because
it's easy to compare with baseball.

“Originally, the schools were built with better baseball fields
compared to softball,” said Vicky Barker of the California Women's
Law Center, which advocates for women's rights. “Baseball fields
also have been better because boosters give more support to boys
sports. If the schools had put more focus on girls facilities, it would
solve a lot of problems.”

It also could help school districts avoid punitive attorneys' fees. “It's
a tough one to swallow, but that's the way it is,” Graeff said.
East County
06/27/08 10:00AM E-15   
Halgren, Laura W.              
Trial Readiness GIE036576                   
D)RAMONA UNIFIED SCHOOL
Daniel R. Shinoff        

Federal Court
3:87-cv-01751-S Lockman v. Ramona
Unified Schoo
Edward J. Schwartz, presiding
Date filed: 12/08/1987
Date terminated: 08/29/1988
U.S. District Court
Southern District of California (San Diego)
CIVIL DOCKET FOR CASE #:
3:06-cv-01347-BEN-LSP

Ramona Unified v. Insurance
Company of, et al
Assigned to: Judge Roger T. Benitez
Referred to: Magistrate Judge Leo S. Papas
Demand: $0
Cause: 28:1441 Petition for Removal- Civil
Rights Act         
Date Filed: 06/30/2006
Date Terminated: 02/26/2007
Jury Demand: None
Nature of Suit: 870 Taxes
Jurisdiction: U.S. Government Defendant

Plaintiff
Ramona Unified School
District      
  

represented by        
Susanne C Washington
Foley and Lardner
402 West Broadway
Suite 2100
San Diego , CA 92101-3542
(619)234-6655
Fax: (619)234-3510
Email: swashington@foley.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Jesica N Pandika
Foley and Lardner
402 West Broadway
Suite 2100
San Diego , CA 92101-3542
(619)234-6655
Fax: (619)234-3510
Email: jpandika@foley.com
ATTORNEY TO BE NOTICED

V.
Defendant
Insurance Company of the
West
A California Corporation
       

represented by        
Andrew J Kessler
Perkins and Miltner
750 B Street
Suite 2800
San Diego , CA 92101-3036
(619)615-5333
Fax: (619)615-5334
Email: ajk@procopio.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Defendant
Brock Electric,Inc.
A California Corpoaration.

Defendant
United States Internal
Revenue Service
        

represented by        
U S Attorney CV
U S Attorneys Office Southern District of
California
Civil Division
880 Front Street
Suite 6253
San Diego , CA 92101
(619)557-5662
Fax: (619)557-7122
Email: Efile.dkt.civ@usdoj.gov
TERMINATED: 09/01/2006
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Jeremy N Hendon
United States Department of Justice
Tax Division
PO Box 683
Ben Franklin Station
Washington , DC 20044-0683
(202)353-2466
Fax: (202)307-0054
Email: jeremy.hendon@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Robert H Plaxico
U S Attorneys Office Southern District of California
Civil Division
880 Front Street
Suite 6253
San Diego , CA 92101
(619)557-7157
Fax: (619)557-7122
Email: efile.dkt.civ@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed         #        Docket Text
06/30/2006        1         Notice of Removal from
Superior CT, SD Ca. Court Case Number:
866713 ( to Magistrate Judge Leo S. Papas ).
Receipt No/Amt of Fee: Waived. (joeh) (Entered:
07/05/2006)
07/11/2006        2         Answer and claim by
defendant US Internal Revenue. (jsp) (Entered:
07/12/2006)
07/11/2006        3         Proof of service by
defendant US Internal Revenue of: Answer and
claim. (jsp) (Entered: 07/12/2006)
07/11/2006        4         Notice by defendant US
Internal Revenue of submission of other
pleading received by the United States after filing
notice of removal. (jsp) (Entered: 07/12/2006)
07/11/2006        5         Proof of service by
defendant US Internal Revenue of: Notice of
submission of other pleading received after filing
notice of removal. (jsp) (Entered: 07/12/2006)
07/13/2006        6         Notice and Order by
Magistrate Judge Roger C. McKee for Magistrate
Judge Leo S. Papas; E.N.E. Conference set for
2:00 9/11/06 before Mag Judge Leo Papas (joeh)
Modified on 07/17/2006 (Entered: 07/14/2006)
08/31/2006        7         ORDER re Early Neutral
Evaluation is rest for 9/5/2006 02:00 PM in
Courtroom 3 before Judge Roger T. Benitez,
Signed by Judge Roger T. Benitez on 08/31/06.
(joeh, ) (Entered: 09/06/2006)
09/05/2006        8         ENE held. Settlement
Conference set for 10/19/2006 08:30 AM before
Magistrate Judge Leo S. Papas. Signed by
Judge Leo S. Papas on 09/05/06. (joeh, )
Additional attachment(s) added on 9/12/2006
(joeh, ). (Entered: 09/12/2006)
10/02/2006        10         Motion for Order to serve
Secretary of State on behalf of Brock Electric, Inc.;
Declaration of Jessica N. Pandika by Ramona
Unified School District. (joeh, ) (Entered:
10/03/2006)
10/05/2006        11         ORDER granting 10
Motion for Order allowing service of process by
delivery to the Secretary of State. Signed by
Judge Roger T. Benitez on 10/04/06. (joeh, )
(Entered: 10/05/2006)
10/17/2006        13         NOTICE of Disclaimer of
Interest by United States Internal Revenue
Service (bar, ) (Entered: 10/23/2006)
10/19/2006        12         Minute Entry for
proceedings held before Judge Leo S. Papas :
Settlement Conference held on 10/19/2006.
Case settled. Settlement Disposition
Conference set for 12/5/06 at 4:00 PM. (Plaintiff
Attorney John Lemmo).(Defendant Attorney
Andrew Kessler, Jeremy Hendon). (mas)
(Entered: 10/19/2006)
10/24/2006        14         NOTICE of Change of
Address by Jesica N Pandika (jmj) (Entered:
10/25/2006)
11/02/2006        15         NOTICE by Ramona
Unified School District Notice of Deposit of
Funds (Pandika, Jesica) (Entered: 11/02/2006)
11/02/2006        16         CERTIFICATE OF
SERVICE by Ramona Unified School District re
15 Notice (Other) Proof of Service by Mail
(Pandika, Jesica) (Entered: 11/02/2006)
11/17/2006        17         CERTIFICATE OF
SERVICE by Ramona Unified School District
Summons, Complaint, etc. as to Brock Electric
(Pandika, Jesica) (Entered: 11/17/2006)
11/28/2006        18         MOTION for Entry of
Default Request to Enter Default as to Brock
Electric, Inc. by Ramona Unified School District.
(Attachments: # 1 Declaration Declaration of
Jesica N. Pandika in Support of Request to Enter
Default# 2 Proof of Service Proof of Service re
Request to Enter Default)(Pandika, Jesica)
(Entered: 11/28/2006)
12/04/2006        19         NOTICE of Hearing:
Settlement Disposition Conference set for
12/5/2006 04:00 PM in Courtroom G before
Magistrate Judge Leo S. Papas. (tml) (Entered:
12/04/2006)
12/04/2006        20         ORDER Settlement
Conference is vacated and reset for 1/3/2007
04:00 PM in Courtroom G before Magistrate
Judge Leo S. Papas. Signed by Judge Leo S.
Papas on 12/04/06. (joeh, ) (Entered: 12/05/2006)
12/08/2006        21         NOTICE of Appearance
by Andrew J Kessler on behalf of Insurance
Company of the West (Kessler, Andrew)
(Entered: 12/08/2006)
12/22/2006        22         Clerk's ENTRY OF
DEFAULT as to Brock Electric,Inc. (joeh, )
(Entered: 12/22/2006)
12/28/2006        23         SETTLEMENT
AGREEMENT Stipulation to Release Interpleader
Funds and [Proposed] Order Thereon by
Insurance Company of the West. (Kessler,
Andrew) Notified counsel to refile as joint motion
12/29/2006 (jmj). (Entered: 12/28/2006)
01/03/2007        24         Joint MOTION to Dismiss
and [Proposed] Order Thereon by Insurance
Company of the West. (Kessler, Andrew)
(Entered: 01/03/2007)
01/03/2007        25         ORDER, Settlement
Conference is reset for 2/1/2007 04:00 PM in
Courtroom G before Magistrate Judge Leo S.
Papas. Signed by Judge Leo S. Papas on
01/03/2007. (joeh, ) (Entered: 01/04/2007)
01/24/2007        26         ORDER Settlement
Disposition Conference set for 3/1/07 vacated
and reset to 3/8/2007 04:00 PM in Courtroom G
before Magistrate Judge Leo S. Papas. Signed
by Judge Leo S. Papas on 1/23/07. (mam)
(Entered: 01/24/2007)
01/25/2007        27         ORDER OF Release of
Inerpleader Funds. Signed by Judge Roger T.
Benitez on 01/25/07. (joeh, ) (Entered:
01/25/2007)
02/12/2007        29         ORDER, ENE and CM
held. Settlement Conference set for 4/17/2007
08:00 AM in Courtroom B before Magistrate
Judge Ruben B. Brooks. Signed by Judge Ruben
B. Brooks on 02/12/07. (joeh, ) (Entered:
02/13/2007)
02/13/2007        28         ORDER. The settlement
disposition conference set for 03/08/07 at
4:00PM is vacated. Signed by Judge Leo S.
Papas on 02/13/07. (joeh, ) (Entered: 02/13/2007)
02/14/2007        30         Joint MOTION for
Disbursement of Funds and Order Thereon by
Insurance Company of the West. (Kessler,
Andrew) (Entered: 02/14/2007)
02/26/2007        31         JUDGMENT: Pursuant to
the stipulation and 28USC2042 that ICW is
entitled to the interpleading funds in the amount
of $59,612.13. A judgment of default is hearby
entered agianst Brock, and Brock forever bared
from claiming any right or interest with regard to
the interpleader funds. That apon release of the
interpleading funds, the Court orders the case
dismissed with prejudice. Signed by Judge
Roger T. Benitez on 02/23/07. (joeh, ) (Entered:
02/26/2007)

CLOSED
Roberts et al v.
Ramona Unified
School District et
al

[SEE:
DOCKET
FROM US
DISTRICT COURT]
Assigned to: Judge Thomas J.
Whelan
Referred to: Magistrate Judge
Cathy Ann Bencivengo
Cause: 28:1331
Fed. Question         
Date Filed: 01/05/2007

Plaintiff
Karen R Hess
        
represented by        
Elizabeth J Arleo
Arleo Law Firm, PLC
1672 Main Street Suite E
PMB 133
Ramona , CA 92065
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Leonard B Simon
The Law Offices of
Leonard B. Simon
655 West Broadway Ste 1900
San Diego , CA 92101
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Daniel R Shinoff
Stutz Artiano
Shinoff and Holtz
2488 Historic Decatur Road
Suite 200
San Diego , CA 92106
(619)232-3122
Fax: (619)232-3264
Email:
dshinoff@stutzartiano.com
ATTORNEY TO BE NOTICED

Julie M Kiehne-Lamkin
Attorney at Law
1672 Main Street Suite E#116
Ramona , CA 92065
ATTORNEY TO BE NOTICED

Plaintiff
Michael A Roberts   

represented by     
Elizabeth J Arleo
Leonard B Simon
Daniel R Shinoff
Julie M Kiehne-Lamkin


Plaintiff
Seaneen A Tenwolde     
    
represented by        
Elizabeth J Arleo
Leonard B Simon
Daniel R Shinoff
Julie M Kiehne-Lamkin


Plaintiff
John R Tenwolde    
     
represented by        
Elizabeth J Arleo
Leonard B Simon
Daniel R Shinoff
Julie M Kiehne-Lamkin


V.
Defendant
Ramona Unified
School District

represented by
Daniel R Shinoff
Gil Abed
Patricia Michelle Coady
[All from Stutz Artiano Shinoff
and Holtz]


Defendant
Peter Schiff...
Superintendent of Schools         
represented by        
Daniel R Shinoff
Gil Abed
Patricia Michelle Coady

Defendant
David Ostermann...Assistant
Superintendent         
represented by        
Daniel R Shinoff
Gil Abed
Patricia Michelle Coady

01/05/2007        1         
COMPLAINT against all
defendants (Filing fee $ 350.)
 
filed by Karen R Hess, Michael
A Roberts, Seaneen A
Tenwolde, John R
Tenwolde.
(jmj) (Entered:
01/08/2007)

01/05/2007        2         NOTICE
of Party With Financial Interest
by Karen R Hess, Michael A
Roberts, Seaneen A Tenwolde,
John R Tenwolde (jmj) (Entered:
01/08/2007)

03/08/2007        3         
ANSWER to Complaint for
Injunctive and
Declaratory Relief by
Ramona Unified School
District, Peter Schiff,
David
Ostermann.(Shinoff,
Daniel)
(Entered: 03/08/2007)

03/08/2007        4         
NOTICE
of Appearance by Daniel
R Shinoff on behalf of all
defendants (Shinoff,
Daniel)
(Entered: 03/08/2007)

03/08/2007        5         ORDER
for Early Neutral Evaluation set
for 4/17/2007 at 2:00 PM before
Magistrate Judge Cathy Ann
Bencivengo.. Signed by
Magistrate Judge Cathy Ann
Bencivengo on 3/8/07. (aje) (bar,
). (Entered: 03/09/2007)

03/28/2007        6         
NOTICE
of Appearance by
Leonard B Simon on
behalf of all plaintiffs
(Simon, Leonard)
(Entered:
03/28/2007)

...
04/09/2007        9         
NOTICE
of Appearance by Julie
M Kiehne-Lamkin on
behalf of all plaintiffs

(Kiehne-Lamkin, Julie) (Entered:
04/09/2007)

04/10/2007        10         
NOTICE by Ramona
Unified School District
Initial Disclosures
Pursuant to FRCP
26(a)(1) (Shinoff, Daniel)

(Entered: 04/10/2007)

04/11/2007        11         Joint
MOTION for Protective Order by
Ramona School District, Peter
Schiff, David Ostermann and by
Karen R Hess, Michael A
Roberts, Seaneen A Tenwolde,
John R Tenwolde. (Arleo,
Elizabeth) (Entered: 04/11/2007)

04/12/2007        12         ORDER
granting 11 Joint Motion for
Protective Order . Signed by
Judge Cathy Ann Bencivengo on
4/12/07. (aje)(bar, ). (Entered:
04/12/2007)

04/16/2007        13         MOTION
for Preliminary Injunction by
Karen R Hess, Michael A
Roberts, Seaneen A Tenwolde,
John R Tenwolde. (Simon,
Leonard) (Entered: 04/16/2007)
04/16/2007        14         
Memorandum of Points and
Authorities re 13 Motion for
Preliminary Injunction by Karen
R Hess, Michael A Roberts,
Seaneen A Tenwolde, John R
Tenwolde. (Simon, Leonard)
Modified on 4/17/2007, filed as a
motion,notified atty to file as
attachment to motion and not as
a new motion (aje). (Entered:
04/16/2007)

04/16/2007        15         
DECLARATION of Karen R.
Hess re 13 MOTION for
Preliminary Injunction by
Plaintiffs Karen R Hess, Michael
A Roberts, Seaneen A
Tenwolde, John R Tenwolde.
(Simon, Leonard) Modified on
4/17/2007 to correct text (aje).
(Entered: 04/16/2007)

04/16/2007        16         
DECLARATION of Seaneen A.
Tenwolde re 13 MOTION for
Preliminary Injunction by
Plaintiffs Karen R Hess, Michael
A Roberts, Seaneen A
Tenwolde, John R Tenwolde.
(Simon, Leonard) Modified on
4/18/2007 to correct text (aje).
(Entered: 04/16/2007)

04/16/2007        17         
DECLARATION of Dana L.
Roberts re 13 MOTION for
Preliminary Injunction by
Plaintiffs Karen R Hess, Michael
A Roberts, Seaneen A
Tenwolde, John R Tenwolde.
(Simon, Leonard) Modified on
4/18/2007 to correct text(aje).
(Entered: 04/16/2007)

04/16/2007        18         
DECLARATION of John R.
Tenwolde re 13 MOTION for
Preliminary Injunction by
Plaintiffs Karen R Hess, Michael
A Roberts, Seaneen A
Tenwolde, John R Tenwolde.
(Simon, Leonard) Modified on
4/18/2007 to correct text(aje).
(Entered: 04/16/2007)
04/16/2007        19         
DECLARATION of Elizabeth J.
Arleo re 13 MOTION for
Preliminary Injunction by
Plaintiffs Karen R Hess, Michael
A Roberts, Seaneen A
Tenwolde, John R Tenwolde.
(Attachments: # 1 Exhibit 1 # 2
Exhibit 2 # 3 Exhibit 3)(Arleo,
Elizabeth) Modified on
4/18/2007 to correct text(aje).
(Entered: 04/16/2007)
04/17/2007                 Minute
Entry for proceedings held
before Judge Cathy Ann
Bencivengo: Early Neutral
Evaluation Conference held on
4/17/2007. The case did not
settle. A status conference shall
be held on May 18, 2007, at 9:30
a.m. The conference shall be
telephonic, with attorneys only.
Plaintiff's counsel shall
coordinate and initiate the
conference call. (ma) (Entered:
04/18/2007)
05/01/2007        20         Ex Parte
MOTION for Extension of Time to
File Response/Reply by
Ramona Unified School District,
Peter Schiff, David Ostermann.
(Abed, Gil) (Entered:
05/01/2007)

05/01/2007        21         Points
and Authorities in Support of 20
Ex Parte MOTION for Extension
of Time to File Response/Reply
by Ramona Unified School
District, Peter Schiff, David
Ostermann.
(Abed, Gil)
Modified on

5/2/2007 to correct text (aje).
(Entered: 05/01/2007)
05/01/2007        22         
DECLARATION of Gil Abed in
Support of 20 Ex Parte MOTION
for Extension of Time to File
Response/Reply by Defendants
Ramona Unified School District,
Peter Schiff, David Ostermann.
(Abed, Gil) Modified on 5/2/2007
to correct text (aje). (Entered:
05/01/2007)

05/03/2007        23         
RESPONSE in Opposition re 20
Ex Parte MOTION for Extension
of Time to File Response/Reply
filed by Karen R Hess, Michael A
Roberts, Seaneen A Tenwolde,
John R Tenwolde. (Simon,
Leonard) (Entered: 05/03/2007)

05/03/2007        24         WAIVER
OF SERVICE Returned
Executed by Karen R Hess.
David Ostermann waiver sent
on 1/8/2007, answer due
3/9/2007. (Arleo, Elizabeth)
(Entered: 05/03/2007)

05/03/2007        25         WAIVER
OF SERVICE Returned
Executed by Karen R Hess.
Peter Schiff waiver sent on
1/8/2007, answer due 3/9/2007.
(Arleo, Elizabeth) (Entered:
05/03/2007)
05/03/2007        26         WAIVER
OF SERVICE Returned
Executed by Karen R Hess.
Ramona Unified School District
waiver sent on 1/8/2007, answer
due 3/9/2007. (Arleo, Elizabeth)
(Entered: 05/03/2007)

05/07/2007        27         ORDER
Granting 20 Defendants' Ex
Parte Application to Continue
the Deadline for Filing an
Opposition to the Motion for
Preliminary Injunction - Having
considered the moving and
opposing papers, the Court
finds good cause to grant a
short continuance of the hearing
date. Defendants' ex parte
application is therefore
GRANTED. The hearing on
Plaintiff's motion for preliminary
injunction is continued until
6/18/07 at 10:30 AM. There shall
be no oral argument pursuant to
Civil Local Rule 7.1(d.1). Signed
by Judge Thomas J. Whelan on
5/7/07. (aje) (bar, ). (Entered:
05/07/2007)
05/18/2007        28         Minute
Entry for proceedings held
before Judge Cathy Ann
Bencivengo: Telephonic Status
Conference re procedural
posture of the case and issuing
case management dates held
on 5/18/2007. Plaintiffs' motion
for preliminary injunction has
been reset for 6/25/07. A further
telephonic Status Conference
set for 6/29/2007 09:00 AM
before Magistrate Judge Cathy
Ann Bencivengo.
Plaintiffs'
counsel shall initiate the call.
(Plaintiff Attorney Elizabeth
Arleo).(Defendant Attorney
Daniel Shinoff). (
om) (Entered:
05/18/2007)
05/22/2007        29         Joint
MOTION to Continue Hearing
Date and Briefing Schedule RE:
Plaintiffs' Motion for Preliminary
Injunction by Karen R Hess.
(Arleo, Elizabeth) (Entered:
05/22/2007)

05/23/2007        30         ORDER
granting 29 Joint Motion to
Continue Hearing Date and
Setting Briefing Schedule - The
Court continues the hearing on
Plaintiff's Motion for Preliminary
Injunction to 6/25/07 at 10:30
AM. Defendant's opposition is
due 6/4/07 and Plaintiff's reply is
due 6/18/07. There will be no
oral argument pursuant to Civil
Local Rule 7.1(d.1). Signed by
Judge Thomas J. Whelan on
5/23/07. (aje) (mam). (Entered:
05/23/2007)

06/04/2007        31         
RESPONSE in Opposition re 13
MOTION for Preliminary
Injunction filed by Ramona
Unified School District.
(Attachments: # 1 Notice of
Lodgment Exhibits A-D #
2Notice of Lodgment Exhibit E #
3 Notice of Lodgment Exhibits
F-M # 4 Declaration of Gil Abed
# 5 Declaration of Peter
Schiff)(Abed, Gil) Modified on
6/5/2007 to correct text (aje).
(Entered: 06/04/2007)

06/06/2007        32         Ex Parte
MOTION for Leave to File
Excess Pages for Plaintiffs' Brief
in Reply to Defendants'
Opposition to Plaintiffs' Motion
for Preliminary Injunction
(Unopposed) by Karen R Hess,
Michael A Roberts, Seaneen A
Tenwolde, John R Tenwolde.
(Simon, Leonard) (Entered:
06/06/2007)

06/06/2007        33         
DECLARATION re 32 Ex Parte
MOTION for Leave to File
Excess Pages for Plaintiffs' Brief
in Reply to Defendants'
Opposition to Plaintiffs' Motion
for Preliminary Injunction
(Unopposed) of Elizabeth J.
Arleo by Plaintiffs Karen R Hess,
Michael A Roberts, Seaneen A
Tenwolde, John R Tenwolde.
(Arleo, Elizabeth) (Entered:
06/06/2007)

06/07/2007        34         ORDER
granting 32 Ex Parte Application
for Relief from Page Limitation -
The page limit for Plaintiff's reply
brief is 20 pages. Signed by
Judge Thomas J. Whelan on
6/7/07. (aje) (mam). (Entered:
06/07/2007)

06/18/2007        35         REPLY
to Response to Motion re 13
MOTION for Preliminary
Injunction filed by Karen R
Hess, Michael A Roberts,
Seaneen A Tenwolde, John R
Tenwolde. (Attachments: # 1
Supplemental Declaration of
Karen R. Hess# 2 Declaration of
James R. Banister# 3
Declaration of Al Pentis# 4
Declaration of Kathy Van
Wyk)(Simon, Leonard) Modified
on 6/19/2007 to correct text (aje)
(Entered: 06/18/2007)

06/18/2007        36         
Supplemental DECLARATION of
Elizabeth J. Arleo in reply to
Defendant's opposition 31 re 13
MOTION for Preliminary
Injunction by Plaintiffs Karen R
Hess, Michael A Roberts,
Seaneen A Tenwolde, John R
Tenwolde. (Arleo, Elizabeth)
Modified on 6/19/2007 to correct
text(aje). (Entered: 06/18/2007)

06/29/2007        37         Minute
Entry for proceedings held
before Judge Cathy Ann
Bencivengo: Status Conference
held on 6/29/2007. Further
telephonic Status Conference
set for 7/26/2007 09:00 AM
before Magistrate Judge Cathy
Ann Bencivengo. Plaintiffs'
counsel initiates the
call.(Plaintiffs Attorney Leonard
Simon; Elizabeth
Arleo).(Defendant Attorney
Daniel Shinoff). (om) (Entered:
06/29/2007)

07/06/2007        38         ORDER
Setting Hearing on Motion 13
MOTION for Preliminary
Injunction : Motion Hearing set
for 7/26/2007 09:30 AM in
Courtroom 7 before Judge
Thomas J. Whelan. Signed by
Judge Thomas J. Whelan on
7/6/07. (aje)(bar ). (Entered:
07/06/2007)

07/19/2007        39         
DECLARATION of Peter Schiff
Supplementing Deposition
Testimony Pursuant to FRCP
26(e)(2) by Defendant Ramona
Unified School District. (Coady,
Patricia) (Entered: 07/19/2007)
07/20/2007        40         
DECLARATION of Erin Schorr in
Support of Defendants'
Opposition to Plaintiffs' Motion
for Preliminary Injunction 31 by
Defendant Ramona Unified
School District. (Coady, Patricia)
Modified on 7/24/2007 to link to
document(aje). (Entered:
07/20/2007)

07/24/2007        41         Minute
Entry for proceedings held
before Judge Cathy Ann
Bencivengo: Status Conference
continued from 7/26/2007 for
8/9/2007 09:00 AM before
Magistrate Judge Cathy Ann
Bencivengo. Plaintiffs' counsel
initiates the call.(Plaintiff
Attorney Elizabeth
Arleo).(Defendant Attorney
Daniel Shinoff). (om) (Entered:
07/24/2007)

07/26/2007        42         Minute
Order: :Motion hearing held
7/26/07 before Judge Whelan.
The Court orders plaintiff's
motion for preliminary injunction
(13-1) granted. Counsel ordered
to meet and submit a proposed
plan. Counsel for plaintiff to
submit proposed order. (Court
Reporter Melissa
Pierson.)(Plaintiff Attorney
Leonard B. Simon/Elizabeth J.
Arleo/Julie M.
Kiehne-Lamkin).(Defendant
Attorney Daniel Shinoff/Patrice
M. Coady). (cmy) (Entered:
07/26/2007)

08/03/2007        43         Minute
Entry for proceedings held
before Judge Cathy Ann
Bencivengo: On parties' request,
Settlement Conference set for
8/20/2007 10:00 AM before
Magistrate Judge Cathy Ann
Bencivengo. Settlement
statements due 8/13/2007.
Status Conference set for
8/9/2007 VACATED. (Plaintiff
Attorney Elizabeth
Arleo).(Defendant Attorney
Daniel Shinoff). (om) (Entered:
08/03/2007)

08/21/2007                 Minute
Entry for proceedings held
before Judge Cathy Ann
Bencivengo: Status Conference
held on 8/21/2007. Parties will
continue to discuss plans to
comply with preliminary
injunction. (Plaintiff Attorney
Leonard Simon).(Defendant
Attorney Daniel Shinoff). (ml)
(Entered: 08/21/2007)

08/21/2007        44         ORDER
granting Plaintiff's MOTION for
Preliminary Injunction 13 .
Plaintiff's motion came on
regularly for hearing on 7/26/07.
The parties are ordered to meet
and confer on or before 8/31/07,
and to make a good faith effort
to agree upon the precise form
of relief to be granted here; On
or before 9/14/07, the parties
are to submit a joint proposal
regarding the form of relief, or
absent agreement, two
separate proposals for relief;
and the Court will thereupon
adopt the joint proposal
regarding the form of relief as
the Order of the Court, or will
adopt one of the two separate
proposals, or will create its own
Order for relief in this matter.
Signed by Judge Thomas J.
Whelan on 8/20/07. (aje)
(Entered: 08/21/2007)

08/24/2007        45         Minute
Entry for proceedings held
before Judge Cathy Ann
Bencivengo:
Judge
Bencivengo and counsel
conducted a site
inspection of the
Ramona campus as a
continuation of the
Settlement Conference
held on 8/20/2007.
(Plaintiff Attorney
Elizabeth
Arleo).(Defendant
Attorney Daniel Shinoff).
(mgl) (Entered:
08/24/2007)

08/31/2007        46         Minute
Entry: At the parties' request, a
telephonic Status Conference is
set for September 6, 2007, at
09:00 AM before Magistrate
Judge Cathy Ann Bencivengo.
Only counsel shall be present.
Plaintiffs' counsel shall
coordinate and initiate the call.
(Plaintiff Attorney Elizabeth
Arleo).(Defendant Attorney
Daniel Shinoff). (mgl) (Entered:
08/31/2007)

09/06/2007        47         Minute
Entry for proceedings held
before Judge Cathy Ann
Bencivengo: Telephonic Status
Conference held on September
6, 2007. Parties may submit
further briefing on or before
September 10, 2007, to provide
information for the preparation
of a Report and
Recommendation concerning
the form of relief to be provided
by Plaintiffs' preliminary
injunction.(Plaintiff Attorney
Elizabeth Arleo).(Defendant
Attorney Daniel Shinoff).
(Entered: 09/06/2007)

09/13/2007        48         Minute
Entry for proceedings held
before Judge Cathy Ann
Bencivengo: A telephonic status
conference was held on
September 13, 2007,
concerning Judge Bencivengo's
draft Recommendation
regarding the implementation of
injunctive relief. Final
Recommendation to follow.
(mgl) (Entered: 09/13/2007)
09/13/2007        49         
Magistrate Judge's
Recommendation Regarding
Implementation of Injunctive
Relief. Signed by Magistrate
Judge Cathy Ann Bencivengo on
9/13/07. (aje) (Entered:
09/13/2007)
09/14/2007        50         NOTICE
Defendants' Separate Proposal
for Relief by Ramona Unified
School District, Peter Schiff,
David Ostermann re 49
Magistrate Judge's
Recommendation Regarding
Implementation of Injunctive
Releif. (Shinoff, Daniel) Modified
on 9/17/2007 to edit text (aje).
(Entered: 09/14/2007)
09/14/2007        51         NOTICE
by Karen R Hess, Michael A
Roberts, Seaneen A Tenwolde,
John R Tenwolde of Plaintiffs'
Memorandum Regarding
Implementation of Injunctive
Relief re: 49 Magistrate Judge's
Recommendation Regarding
Implementatio of Injunctive
Relief (Simon, Leonard)
Modified on 9/17/2007 to edit
text (aje). (Entered: 09/14/2007)
09/14/2007        52         
DECLARATION of Kathy Van
Wyk in Support of Plaintiffs'
Memorandum Regarding
Implementation of Injunctive
Relief 51 by Plaintiffs Karen R
Hess, Michael A Roberts,
Seaneen A Tenwolde, John R
Tenwolde. (Simon, Leonard)
Modified on 9/17/2007 to link to
document (aje). (Entered:
09/14/2007)
09/14/2007        53         
DECLARATION of Elizabeth J.
Arleo in Support of Plaintiffs'
Memorandum Regarding
Implementation of Injunctive
Relief 51 by Plaintiffs Karen R
Hess, Michael A Roberts,
Seaneen A Tenwolde, John R
Tenwolde. (Attachments: # 1 # 2
# 3 # 4 # 5)(Simon, Leonard)
Modified on 9/17/2007 to link to
document (aje). (Entered:
09/14/2007)

09/17/2007        54         
CORRECTED DECLARATION of
Elizabeth J. Arleo in Support of
Plaintiffs' Memorandum ...
(Entered: 09/17/2007)
09/18/2007        55         REPLY
re 50 Notice Plaintiffs' Reply
Regarding Relief filed by Karen
R Hess, Michael A Roberts,
Seaneen A Tenwolde, John R
Tenwolde. (Simon, Leonard)
Modified on 9/18/2007 to edit
text (aje). (Entered: 09/18/2007)

09/18/2007        56         
DECLARATION re 55 Reply
Declaration of Leonard B.
Simon in Support of Plaintiffs'
Reply R
egarding Relief by
Plaintiffs Karen R Hess, Michael
A Roberts, Seaneen A
Tenwolde, John R Tenwolde.
(Simon, Leonard) (Entered:
09/18/2007)

09/18/2007        57         
OBJECTION by Ramona Unified
School District, Peter Schiff,
David Ostermann re 55 Reply
(Shinoff, Daniel) (aje). (Entered:
09/18/2007)

09/19/2007        58         
ORDER Regarding
Implementation of
Injunctive Relief. The
Court orders as follows:
By the start of the 2008
softball season, the
District shall construct a
dedicated girls' softball
field on the current
location of the boys'
junior varsity/freshman
baseball field. The field
will be of the same
quality and have all of
the same amenities as
the existing boys' varsity
baseball field. Signed by
Judge Thomas J. Whelan
on 9/19/07. (aje) (Entered:
09/19/2007)

12/12/2007        59         NOTICE
by Karen R Hess, Michael A
Roberts, Seaneen A Tenwolde,
John R Tenwolde of Ex Parte
Motion and Motion for
Clarification of Preliminary
Injunction and Enforcement
Thereof (Simon, Leonard) (aje).
(Entered: 12/12/2007)

12/12/2007        60         Ex Parte
MOTION for Clarification of
Preliminary Injunction and
Enforcement Thereof by Karen
R Hess, Michael A Roberts,
Seaneen A Tenwolde, John R
Tenwolde. (Simon, Leonard)
Modified on 12/14/2007 to edit
text (aje). (Entered: 12/12/2007)

12/12/2007        61         
DECLARATION of Kathy Van
Wyk in Support of Plaintiffs' Ex
Parte Motion for Clarification of
Preliminary Injunction and
Enforcement Thereof by
Plaintiffs Karen R Hess, Michael
A Roberts, Seaneen A
Tenwolde, John R Tenwolde.
(Simon, Leonard) (aje).
(Entered: 12/12/2007)

12/12/2007        62         
DECLARATION of John R.
Tenwolde in Support of
Plaintiffs' Ex Parte Motion for
Clarification of Preliminary
Injunction and Enforcement
Thereof by Plaintiffs Karen R
Hess, Michael A Roberts,
Seaneen A Tenwolde, John R
Tenwolde. (Attachments: #
1Exhibit 1)(Simon, Leonard)
Modified on 12/14/2007 to add
attachment description (aje).
(Entered: 12/12/2007)

12/12/2007        63         
DECLARATION of Leonard B.
Simon in Support of Plaintiffs' Ex
Parte Motion for Clarification of
Preliminary Injunction and
Enforcement Thereof by
Plaintiffs Karen R Hess, Michael
A Roberts, Seaneen A
Tenwolde, John R Tenwolde.
(Attachments: # 1Exhibit A # 2
Exhibit B # 3 Exhibit C # 4 Exhibit
D # 5 Exhibit E # 6 Exhibit
F)(Simon, Leonard) Modified on
12/14/2007 to add attachment
description (aje). (Entered:
12/12/2007)

12/14/2007        64         
RESPONSE in Opposition re 60
Ex Parte MOTION for Preliminary
Injunction for Clarification of
Preliminary Injunction and
Enforcement Thereof filed by
Ramona Unified School District,
Peter Schiff, David Ostermann.
(Attachments: # 1 Exhibit A-E# 2
Exhibit F-I# 3 Exhibit J-L# 4
Exhibit M-Q)(Abed, Gil) (aje).
(Entered: 12/14/2007)

12/18/2007        65         REPLY
re 60 Ex Parte MOTION for
Preliminary Injunction for
Clarification of Preliminary
Injunction and Enforcement
Thereof filed by Karen R Hess,
Michael A Roberts, Seaneen A
Tenwolde, John R Tenwolde.
(Attachments: # 1 Exhibit
A)(Simon, Leonard) Modified on
12/19/2007 to add attachment
description (aje). (Entered:
12/18/2007)

12/18/2007        66         
DECLARATION of Michael
Schuler in Support of 65
Plaintiffs' Reply to Defendants'
Opposition to Plaintiffs' Ex Parte
Application by Plaintiffs Karen R
Hess, Michael A Roberts,
Seaneen A Tenwolde, John R
Tenwolde. (Simon, Leonard)
(aje). (Entered: 12/18/2007)

12/28/2007        67         
ORDER denying as
premature 60 Plaintiff's
Ex Parte Motion
. Signed by
Judge Thomas J. Whelan on
12/27/07. (aje) (Entered:
12/28/2007)

02/20/2008        68         Ex Parte
MOTION for Preliminary
Injunction Enforcement and for
Contempt by Karen R Hess,
Michael A Roberts, Seaneen A
Tenwolde, John R Tenwolde.
(Simon, Leonard) (aje).
(Entered: 02/20/2008)

02/20/2008        69         
MEMORANDUM OF FACTS AND
CONTENTIONS OF LAW by
Karen R Hess, Michael A
Roberts, Seaneen A Tenwolde,
John R Tenwolde. (Simon,
Leonard) (aje). (Entered:
02/20/2008)

02/20/2008        70         
DECLARATION re 68 Ex Parte
MOTION for Preliminary
Injunction Enforcement and for
Contempt of Leonard B. Simon
by Plaintiffs Karen R Hess,
Michael A Roberts, Seaneen A
Tenwolde, John R Tenwolde.
(Attachments: # 1 Exhibit # 2
Exhibit # 3 Exhibit)(Simon,
Leonard) Modified on 2/22/2008
to edit attachment descriptions
(aje). (Entered: 02/20/2008)

02/20/2008        71         
DECLARATION of Michael
Schuler re 68 Ex Parte MOTION
for Preliminary Injunction
Enforcement and for Contempt
by Plaintiffs Karen R Hess,
Michael A Roberts, Seaneen A
Tenwolde, John R Tenwolde.
(Simon, Leonard) Modified on
2/22/2008 to edit text(aje).
(Entered: 02/20/2008)
02/20/2008        72         
DECLARATION of Kathy Van
Wyk re 68 Ex Parte MOTION for
Preliminary Injunction
Enforcement and for Contempt
by Plaintiffs Karen R Hess,
Michael A Roberts, Seaneen A
Tenwolde, John R Tenwolde.
(Simon, Leonard) Modified on
2/22/2008 to edit text (aje).
(Entered: 02/20/2008)

02/20/2008        73         
DECLARATION re 68 Ex Parte
MOTION for Preliminary
Injunction Enforcement and for
Contempt of John R. Tenwolde
by Plaintiffs Karen R Hess,
Michael A Roberts, Seaneen A
Tenwolde, John R Tenwolde.
(Attachments: # 1 Exhibit 1-2 ...
10Exhibit 19)(Simon, Leonard)
Modified on 2/22/2008 to add
attachment descriptions (aje).
(Entered: 02/20/2008)

02/24/2008        74         
NOTICE of Appearance
by Patricia Michelle
Coady
on behalf of Ramona
Unified School District, Peter
Schiff, David Ostermann (Coady,
Patricia) (aje). (Entered:
02/24/2008)

02/24/2008        75         
RESPONSE in
Opposition re 68
Ex Parte MOTION for
Preliminary Injunction
Enforcement and for Contempt
filed by Ramona Unified School
District
, Peter Schiff, David
Ostermann. (Attachments: # 1
Declaration Ed Bove in Support
of Opposition to Ex Parte# 2
Declaration Patrice M. Coady in
Support of Opposition to Ex
Parte# 3 Declaration Dean
Welch in Support of Opposition
to Ex Parte# 4 ... Exhibits P-R#
15 Proof of Service)(Shinoff,
Daniel) (aje). (Entered:
02/24/2008)

02/25/2008        76         NOTICE
of Errata by Ramona Unified
School District, Peter Schiff,
David Ostermann re 75
Response in Opposition to
Motion (Shinoff, Daniel) (aje).
(Entered: 02/25/2008)

02/26/2008        77         REPLY
to Response to Motion re 68
Ex
Parte MOTION for Preliminary
Injunction Enforcement and for
Contempt
filed by Karen R
Hess, Michael A Roberts,
Seaneen A Tenwolde, John R
Tenwolde. (Simon, Leonard)
(aje). (Entered: 02/26/2008)

02/26/2008        78         
DECLARATION re 77 Reply to
Response to Motion for
Enforcement of Preliminary
Injunction and Contempt by
John R. Tenwolde by Plaintiffs
Karen R Hess, Michael A
Roberts, Seaneen A Tenwolde,
John R Tenwolde. (Attachments:
# 1 Exhibit 1-10 # 2 Exhibit
11-20 # 3 Exhibit 22-30 # 4
Exhibit 31-36)(Simon, Leonard)
Modified on 2/27/2008 to add
attachment descriptions (aje).
(Entered: 02/26/2008)
03/12/2008        79         
SUPPLEMENTAL Memorandum
in Support re 68 Ex Parte
MOTION for Preliminary
Injunction Enforcement and for
Contempt filed by Karen R
Hess. (Attachments: # 1
Declaration Tenwolde# 2
Declaration Arleo)(Arleo,
Elizabeth) Modified on
3/14/2008, discrepancy order
sent to chambers. Document is
a supplemental reply in support
of motion, leave of court
required (aje). (Entered:
03/12/2008)
03/14/2008        80         
SUPPLEMENTAL RESPONSE
in Opposition re 68 Ex Parte
MOTION for Preliminary
Injunction Enforcement and for
Contempt Supplemental filed by
Ramona Unified School District,
Peter Schiff, David Ostermann.
(Attachments: # 1 Declaration
Deborah Hankins# 2
Declaration Dave Lohman# 3
Proof of Service)(Coady,
Patricia) Modified on 3/18/2008,
discrepancy order to chambers.
Supplemental document
requires leave of court (aje).
(Entered: 03/14/2008)
03/17/2008        81         
SECOND SUPPLEMENTAL
RESPONSE in Support re 68 Ex
Parte MOTION for Preliminary
Injunction Enforcement and for
Contempt Second
Supplemental Memorandum
filed by Karen R Hess, Michael A
Roberts, Seaneen A Tenwolde,
John R Tenwolde. (Simon,
Leonard) Modified on 3/18/2008,
discrepancy order sent to
chambers. Supplemental
documents require leave of
court (aje). (Entered: 03/17/2008)
03/17/2008        82         
SUPPLEMENTAL
DECLARATION of Elizabeth J.
Arleo in Support of Plaintiffs' Ex
Parte Motion for Enforcement of
Preliminary Injunction and for
Contempt by Plaintiffs Karen R
Hess, Michael A Roberts,
Seaneen A Tenwolde, John R
Tenwolde. (Attachments: #
1)(Simon, Leonard) Modified on
3/18/2008, discrepancy order to
chambers. Supplemental
documents require leave of
court (aje). (Entered: 03/17/2008)
03/17/2008        83         
SUPPLEMENTAL
DECLARATION of Karen R.
Hess in Support of Plaintiffs' Ex
Parte Motion for Enforcement of
Preliminary Injunction and for
Contempt by Plaintiffs Karen R
Hess, Michael A Roberts,
Seaneen A Tenwolde, John R
Tenwolde. (Simon, Leonard)
Modified on 3/18/2008
discrepancy order to chambers.
Supplemental documents
require leave of court (aje).
(Entered: 03/17/2008)

03/17/2008        84         
SECOND SUPPLEMENTAL
DECLARATION of John R.
Tenwolde
in Support of
Plaintiffs' Ex Parte Motion for
Enforcement of Preliminary
Injunction and for Contempt by
Plaintiffs Karen R Hess, Michael
A Roberts, Seaneen A
Tenwolde, John R Tenwolde...
Exhibit)(Simon, Leonard) ...
(Entered: 03/17/2008)

03/17/2008        85         
SECOND SUPPLEMENTAL
RESPONSE in Opposition re 68
Ex Parte MOTION for Preliminary
Injunction Enforcement and for
Contempt Second
Supplemental filed by Ramona
Unified School District, Peter
Schiff, David Ostermann.
(Attachments: # 1 Declaration
Deborah Hankins# 2 Proof of
Service)(Shinoff, Daniel)
Modified on 3/18/2008
discrepancy order to chambers,
supplemental documents
require leave of court (aje).
(Entered: 03/17/2008)

03/19/2008        86         ECF
Discrepancy Order by Judge
Thomas J. Whelan accepting
document: 79 Supplemental
Memorandum of Points and
Authorities in Support of Motion
non-compliance with local rule
Other: Supplemental replies
require leave of court. The
document is accepted despite
the discrepancy noted above.
Any further non-compliant
documents may be stricken
from the record.
(aje) (aje).
(Entered: 03/21/2008)

03/26/2008        87         
ORDER granting in part
and denying in part 68
Motion for Enforcement
Preliminary Injunction
and Contempt.
The parties
shall meet and confer by 4/4/08
regarding the time frame for
completion. If the parties cannot
agree on a time frame, by
4/9/08, the parties shall file a
two=page brief proposing
deadlines to be set by the Court.
Plaintiffs' request to hold
Defendants in contempt is
denied. Signed by Judge
Thomas J. Whelan on 3/26/08.
(aje) (Entered: 03/27/2008)

03/27/2008        93         Notice of
Document Discrepancy...
(Entered: 04/17/2008)

03/27/2008        94         Notice of
Document Discrepancy and
Order Thereon by Judge
Thomas J. Whelan accepting
document: 80 Supplemental
Response in Opposition to
Motion from Defendants
Ramona Unified School District,
Peter Schiff, David Ostermann,
non-compliance with local rule
Other: Supplemental
documents require leave of
court. Signed by Judge Thomas
J. Whelan on 3/27/08. (aje)
(Entered: 04/17/2008)

03/27/2008        95         Notice of
Document Discrepancy and
Order Thereon by Judge
Thomas J. Whelan accepting
document: 83 Supplemental
Declaration of Karen R. Hess in
Support of Motion from Plaintiffs
Karen R Hess, Michael A
Roberts, Seaneen A Tenwolde,
John R Tenwolde,
non-compliance with local rule
Other: Supplemental
documents require leave of
court. Signed by Judge Thomas
J. Whelan on 3/27/08. (aje)
(Entered: 04/17/2008)

03/27/2008        96         Notice of
Document Discrepancies and
Order Thereon by Judge
Thomas J. Whelan accepting
document:
Supplemental
Declaration of Elizabeth Arleo
in Support from Plaintiffs

...(Entered: 04/17/2008)

03/27/2008        97         Notice of
Document Discrepancy and
Order Thereon by Judge
Thomas J. Whelan accepting
document: 81 Second
Supplemental Response in
Support of Motion for Preliminary
Injunction from Plaintiffs Karen
R Hess, Michael A Roberts,
Seaneen A Tenwolde, John R
Tenwolde, non-compliance with
local rule Other: Supplemental
documents require leave of
court. Signed by Judge Thomas
J. Whelan on 3/27/08. (aje)
(Entered: 04/17/2008)

03/27/2008        98         Ntoice of
Document Discrepancy and
Order Thereon by Judge
Thomas J. Whelan accepting
document:
Second
Supplemental Response to
Motion from Defendants
Ramona Unified School
District, Peter Schiff, David
Ostermann,
non-compliance
with local rule Other:
Supplemental documents
require leave of court. Signed by
Judge Thomas J. Whelan on
3/27/08. (aje) (Entered:
04/17/2008)

04/09/2008        88         
SUPPLEMENTAL DOCUMENT
by Karen R Hess, Michael A
Roberts, Seaneen A Tenwolde,
John R Tenwolde Plaintiffs' Brief
in Response to Court Order of
March 26, 2008. (Simon,
Leonard) (aje). (Entered:
04/09/2008)
04/09/2008        89         
DECLARATION of Karen R.
Hess in Support of Plaintiffs'
Brief in Response to Court
Order of March 26, 2008 by
Plaintiffs Karen R Hess, Michael
A Roberts, Seaneen A
Tenwolde, John R Tenwolde.
(Attachments: # 1Exhibit
1)(Simon, Leonard). Modified on
4/11/2008 to add attachment
description (aje). (Entered:
04/09/2008)
04/09/2008        90         
DECLARATION of Leonard B.
Simon in Support of Plaintiffs'
Brief in Response to Court
Order of March 26, 2008 by
Plaintiffs Karen R Hess, Michael
A Roberts, Seaneen A
Tenwolde, John R Tenwolde.
(Attachments: # 1 Exhibit 1# 2
Exhibit 2 # 3 Exhibit 3)(Simon,
Leonard) Modified on 4/11/2008
to add attachment descriptions
(aje). (Entered: 04/09/2008)
04/10/2008        91         
SUPPLEMENTAL DOCUMENT
by Ramona Unified School
District, Peter Schiff, David
Ostermann re 87 Order on
Motion for Preliminary Injunction,
Brief re: March 26, 2008 Order.
(Attachments: # 1 Exhibit A# 2
Declaration David Ostermann in
Support of Brief# 3 Proof of
Service)(Shinoff, Daniel) (aje).
(Entered: 04/10/2008)
04/10/2008        92         ORDER
Regarding Implementation of
3/26/08 Order. The Court orders
the District's renovation shall be
completed by april 22, 2008. To
the extent the District cannot
comply with the April 22, 2008
deadline, it must file a brief with
the Court by 4/17/08 explaining
the reason it cannot comply.
Signed by Judge Thomas J.
Whelan on 4/10/08. (aje)
(Entered: 04/10/2008)
04/17/2008        99         REPLY
re 92 Order, Brief re: Court's
April 10, 2008 Order filed by
Ramona Unified School District,
Peter Schiff, David Ostermann.
(Attachments: # 1 Declaration
David Ostermann in Support of
Brief, # 2 Declaration Ed
Anderson in Support of Brief, # 3
Proof of Service)(Shinoff, Daniel)
(aje). (Entered: 04/17/2008)
04/21/2008        100         
Amended ORDER Regarding
Implementation of March 26,
2008 Order. Renovations to the
softball backstop shall be
completed by May 6, 2008.
Renovations to the batting cage
shall be completed by May 9,
2008. Signed by Judge Thomas
J. Whelan on 4/21/08. (aje)
(Entered: 04/22/2008)
04/25/2008        101         Joint
MOTION to Amend/Correct 100
Order, by Ramona Unified
School District, Peter Schiff,
David Ostermann, Karen R
Hess, Michael A Roberts,
Seaneen A Tenwolde, John R
Tenwolde. (Shinoff, Daniel)
(aje). (Entered: 04/25/2008)
04/28/2008        102         
ORDER granting 101 Joint
Motion to Extend Deadline for
Completion of Renovations.
Renovations to the softball
backstop and batting cage shall
be completed by June 30, 2008.
Signed by Judge Thomas J.
Whelan on 4/28/08. (aje)
(Entered: 04/29/2008)
09/08/2008        103         
NOTICE of Change of Address
by Elizabeth J Arleo (Arleo,
Elizabeth) (cap). (Entered:
09/08/2008)
10/14/2008        104         Notice
of Motion for Attorney Fees and
Expenses by Karen R Hess,
Michael A Roberts, Seaneen A
Tenwolde, John R Tenwolde.
(Simon, Leonard) Modified on
10/17/2008 to alter attorney's
docket text(cap). (Entered:
10/14/2008)
10/14/2008        105         
MOTION for Attorney Fees and
Expenses, Memorandum in
Support by Karen R Hess,
Michael A Roberts, Seaneen A
Tenwolde, John R Tenwolde.
(Attachments: # 1
Exhibit)(Simon, Leonard) (cap).
(Entered: 10/14/2008)
10/14/2008        106         
DECLARATION of Leonard B.
Simon in Support of Plaintiffs'
Motion for Attorneys Fees and
Expenses by Plaintiffs Karen R
Hess, Michael A Roberts,
Seaneen A Tenwolde, John R
Tenwolde. (Attachments: # 1
Exhibit, # 2 Exhibit, # 3
Exhibit)(Simon, Leonard)
Modified on 10/17/2008, notified
atty that document should be
filed as an attachment (cap).
(Entered: 10/14/2008)
10/14/2008        107         
DECLARATION of Peter H.
Benzian in support of Plaintiffs'
Motion for Attorneys' Fees and
Expenses by Plaintiffs Karen R
Hess, Michael A Roberts,
Seaneen A Tenwolde, John R
Tenwolde. (Simon, Leonard)
Modified on 10/17/2008, notified
atty that document should be
filed as an attachment (cap).
(Entered: 10/14/2008)
10/14/2008        108         
DECLARATION of Julie M.
Kiehne-Lamkin in Support of
Plaintiffs's Motion for Attorneys
Fees and Expenses by Plaintiffs
Karen R Hess, Michael A
Roberts, Seaneen A Tenwolde,
John R Tenwolde. (Attachments:
# 1 Exhibit)(Simon, Leonard)
Modified on 10/17/2008 , notified
atty that document should be
filed as an attachment (cap).
(Entered: 10/14/2008)
10/14/2008        109         
DECLARATION of Elizabeth J.
Arleo in Support of Plaintiffs'
Motion for Attorneys Fees and
Ezpenses by Plaintiffs Karen R
Hess, Michael A Roberts,
Seaneen A Tenwolde, John R
Tenwolde. (Attachments: # 1 ...
Exhibit)(Simon, Leonard) (cap).
(Entered: 10/14/2008)

10/14/2008        110         
DECLARATION of Karen R.
Hess in Support of Plaintiffs'
Motion for Attorneys Fees and
Expenses by Plaintiffs Karen R
Hess, Michael A Roberts,
Seaneen A Tenwolde, John R
Tenwolde. (Simon, Leonard)
Modified on 10/17/2008 , notified
atty that document should be
filed as an attachment (cap).
(Entered: 10/14/2008)

11/03/2008        111         
RESPONSE in Opposition re
105 MOTION for Attorney Fees
and Expenses, Memorandum in
Support filed by Ramona Unified
School District, Peter Schiff,
David Ostermann. (Attachments:
# 1 Exhibit 1-5)(Shinoff, Daniel)
(cap). (Entered: 11/03/2008)
11/10/2008        112         Ex
Parte MOTION for Leave to File
Excess Pages re: Plaintiffs'
Reply Brief in Support of Motion
for Attorneys' Fees and
Expenses by Karen R Hess.
(Attachments: # 1 Declaration in
Support of Unopposed Ex Parte
Application)(Arleo, Elizabeth)
(cap). (Entered: 11/10/2008)
11/10/2008        113         REPLY
re 105 MOTION for Attorney
Fees and Expenses,
Memorandum in Support filed by
Karen R Hess. (Simon,
Leonard) (cap). (Entered:
11/10/2008)
11/10/2008        114         
SUPPLEMENTAL
DECLARATION of Leonard B.
Simon in Support of Plaintiffs'
Motion for Attorneys' Fees and
Expenses by Plaintiff Karen R
Hess. (Simon, Leonard)
Modified on 11/18/08 - text
modified (cap). (Entered:
11/10/2008)
11/10/2008        115         
SUPPLEMENTAL
DECLARATION of Elizabeth J.
Arleo in Support of Plaintiffs'
Motion for Attorneys' Fees and
Expenses by Plaintiff Karen R
Hess. (Attachments: # 1
Exhibit)(Simon, Leonard)
Modified on 11/18/2008 - text
modified (cap). (Entered:
11/10/2008)
11/10/2008        116         
SUPPLEMENTAL
DECLARATION of Gregory E.
Knoll in Support of Plaintiffs'
Motion for Attorneys' Fees and
Expenses by Plaintiff Karen R
Hess. (Simon, Leonard)
Modified on 11/18/2008 - text
modified (cap). (Entered:
11/10/2008)
11/10/2008        117         
SUPPLEMENTAL
DECLARATION of Peter Benzian
in Support of Plaintiffs' Motion for
Attorneys' Fees and Expenses
by Plaintiff Karen R Hess.
(Simon, Leonard) Modified on
11/18/2008 - text modified (cap).
(Entered: 11/10/2008)

12/19/2008        118         
ORDER Granting 105
Plaintiffs' Motion for
Attorneys' Fees. The
Court Grants 112
Plaintiffs' unopposed ex
parte application. The
Court Grants 105
Plaintiffs' attorneys' fee
motion, and awards
Plaintiffs $297,300 in
fees and $27,647.11
in
expenses. Signed by Judge
Thomas J. Whelan on 12/19/08.
(cap) (kaj). (Entered: 12/19/2008)

01/27/2009        119         Minute
Entry: A telephonic Status
Conference is set for 1/28/2009,
at 01:30 PM before Magistrate
Judge Cathy Ann Bencivengo.
Counsel for Plaintiffs shall
coordinate and initiate the call.
(mgl) (Entered: 01/27/2009)Gil
Abed
Patricia Michelle Coady
Gil
Abed
Patricia Michelle Coady
Roberts et al v. Ramona Unified School District et al
filed 01/05/07
Hess v. Ramona Unified School District  
filed Mar 2008

ORDER Granting 105 Plaintiffs' Motion for Attorneys' Fees.

The Court Grants 112 Plaintiffs' unopposed ex parte
application. The Court Grants 105 Plaintiffs' attorneys' fee
motion, and awards Plaintiffs $297,300 in fees and
$27,647.11
Other cases
Back to Shinoff Cases
The San Diego Union-Tribune doesn't want to
expose attorney
Daniel Shinoff, so it left his
name off of the article below.  Shinoff
represented  the defendant.  (See list of parties
and their attorneys in left column.  Why was
there a lawsuit?  Why didn't they just settle?
Ramona Unified
School District
v. Tsiknas
(Cal. Ct. App. - Jan. 6, 2006)

California Appellate
Report

Professor Shaun Martin at
the University of San Diego
School of Law

...the Ramona Unified School
District (RUSD) down here in
San Diego wanted to build a
new school and -- as usual --
various people who lived
around the proposed site
wanted to block it. Traffic,
disrupting their otherwise
rural environment, etc. -- the
usual NIMBY reasons. So
they filed various writ
petitions to try to delay or
force abandonment of the
project. (That's my take,
anyway.) All of which they
lost.

Now, in a world that makes
sense, that'd be the end of
it. But the RUSD is upset. So
it files an abuse of process
suit against the organization
and lead principals who tried
to delay the project. Leading
-- shockingly, I know -- these
defendants to file an
anti-SLAPP motion. Which
they totally -- and rightly --
win, both below and in the
Court of Appeal.

Justice McDonald is correct
that this is a classic SLAPP
suit and that the RUSD can't
show an actionable abuse of
process. And that's the case
even though I agree with the
RUSD's allegations that the
defendants' conduct may
well have been in bad faith.
It's still not a tort, and Justice
McDonald cogently explains
why.

So, in the end, rather than
just moving forward and
building the school, the
RUSD now has to pay the
costs and attorneys' fees of
the defendants. Resulting in
money in the defendants'
pockets as well as higher
taxes for the citizens of
Ramona. Great job, RUSD.
Impressive. That's what you
get for holding a grudge and
filing a classic SLAPP suit.
Next time, just let it go.

P.S. - Time for a San Diego
Mickey Mouse roll call.
One of the two lead
players against the
project (and hence one of
the defendants in the
RUSD's suit) was Greg
Tsiknas, who describes
himself as having an
"obsession with horses"
-- hopefully in the platonic
sense -- and who lives at
1400 Royal Vista Drive
and is the CTO of Mil-Pac
Technology. The other
lead player (and
defendant) was Charles
Apgar -- no, not that
Charles Apgar -- lives
around the corner from
Greg, at 2445 Boundary
Avenue. The third
defendant was Julie
Hamilton, who was the
attorney for the
defendants below and
who the RUSD personally
sued in their SLAPP suit.
Julie's a 1998 graduate of
USD Law School, and
get's her own time paid
for by the RUSD as a
result of the suit against
her. Great job, Julie. And
the final San Diego player
worth mention is James
Moneer, who's a SLAPP
specialist retained by the
defendants (on a partial
contingency fee) to
litigate the anti-SLAPP
motion. James is also a
USD Law graduate.

An impressive
performance by the USD
crowd.

By contrast, appellate
counsel for the RUSD
include Daniel Shinoff
(Western State), Jeff
Morris (Pepperdine),
William Pate (Cal
Western), and David
Estes (Thomas Jefferson),
all of Stutz Artiano Shinoff
& Holtz.

Draw your own
conclusions.
Board of Education
Meeting,
April 26, 2007

...Board Policy 5111
Student Admission – Proof
of Parental Rights and/or
Legal Guardianship for
Children

After discussion between
the Board members,
Superintendent and
Mr.
Dan Shinoff, legal
counsel
, it was decided
that this item would be
tabled.
This item will be further
discussed at the April 28,
2007 Board Workshop..
Mr. Shinoff will prepare an
Administrative Regulation
to accompany this
policy for Board review.

F-7.
Approval to Enter
into an Agreement for
Legal Services with
the Law Firm of
Procopio Cory
Hargreaves & Savitch
LLP and Transfer Any
Open Matters
Remaining at the Law
Firm of Foley & Lardner
LLP
Blog posts Title IX  cases  Daniel Shinoff
Ramona USD
Sweetwater Union High
School District (SUHSD)
See also Castle Park High School: Judge rules against Daniel Shinoff