U.S. District Court Southern District of California (San Diego) CIVIL DOCKET FOR CASE #: 3:07-cv-00714-L-WMC Assigned to: Judge M. James Lorenz Referred to: Magistrate Judge William McCurine, Jr Cause: 42:1983 Civil Rights Act Date Filed: 04/19/2007 Jury Demand: None Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question Plaintiff Veronica Ollier Individually and on behalf of all those similarly situated represented by Elizabeth Kristen Legal Aid Soc-Emp Law Ctr 600 Harrison Street Suite 120 San Francisco , CA 94107 (415)864-8848 Fax: (415)864-8199 Email: ekristen@las-elc.org LEAD ATTORNEY ATTORNEY TO BE NOTICED Erin Cranman Witkow Manatt Phelps and Phillips 11355 West Olympic Boulevard Los Angeles , CA 90064 (310)312-4176 Fax: (310) 312-4224 Email: ewitkow@manatt.com ATTORNEY TO BE NOTICED Plaintiff Naudia Rangel by her next friends Steve and Carmen Rangel, Individually and on behalf of all those similarly situated represented by Elizabeth Kristen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Erin Cranman Witkow (See above for address) ATTORNEY TO BE NOTICED Plaintiff Maritza Rangel by her next friends Steve and Carmen Rangel, Individually and on behalf of all those similarly situated represented by Elizabeth Kristen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Erin Cranman Witkow (See above for address) ATTORNEY TO BE NOTICED Plaintiff Amanda Hernandez by her next friend Armando Hernandez, Individually and on behalf of all those similarly situated represented by Elizabeth Kristen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Erin Cranman Witkow (See above for address) ATTORNEY TO BE NOTICED Plaintiff Arianna Hernandez by her next friend Armando Hernandez, Individually and on behalf of all those similarly situated represented by Elizabeth Kristen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Erin Cranman Witkow (See above for address) ATTORNEY TO BE NOTICED V. Defendant Sweetwater Union High School District in their official capacities represented by 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 Gil Abed Stutz Artiano Shinoff and Holtz 2488 Historic Decatur Road Suite 200 San Diego , CA 92106 (619)232-3122 Fax: (619)232-3264 Email: gabed@stutzartiano.com ATTORNEY TO BE NOTICED Patricia Michelle Coady Stutz Artiano Shinoff and Holtz 2488 Historic Decatur Road Suite 200 San Diego , CA 92106 (619)232-3122 Email: pcoady@stutzartiano.com ATTORNEY TO BE NOTICED |
Defendant
Pearl Quinones
in their official capacities represented by
Daniel R Shinoff
(See above for address)
ATTORNEY TO BE NOTICED
Gil Abed
(See above for address)
ATTORNEY TO BE NOTICED
Patricia Michelle Coady
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Jim Cartmill
in their official capacities represented by
Daniel R Shinoff
(See above for address)
ATTORNEY TO BE NOTICED
Gil Abed
(See above for address)
ATTORNEY TO BE NOTICED
Patricia Michelle Coady
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Jaime Mercado
in their official capacities represented by
Daniel R Shinoff
(See above for address)
ATTORNEY TO BE NOTICED
Gil Abed
(See above for address)
ATTORNEY TO BE NOTICED
Patricia Michelle Coady
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Greg R Sandoval
in their official capacities represented by
Daniel R Shinoff
(See above for address)
ATTORNEY TO BE NOTICED
Gil Abed
(See above for address)
ATTORNEY TO BE NOTICED
Patricia Michelle Coady
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Jesus M Gandara
in their official capacities represented by
Daniel R Shinoff
(See above for address)
ATTORNEY TO BE NOTICED
Gil Abed
(See above for address)
ATTORNEY TO BE NOTICED
Patricia Michelle Coady
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Earl Weins
in their official capacities represented by
Daniel R Shinoff
(See above for address)
ATTORNEY TO BE NOTICED
Gil Abed
(See above for address)
ATTORNEY TO BE NOTICED
Patricia Michelle Coady
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Russell Moore
in their official capacities represented by
Daniel R Shinoff
(See above for address)
ATTORNEY TO BE NOTICED
Gil Abed
(See above for address)
ATTORNEY TO BE NOTICED
Patricia Michelle Coady
(See above for address)
ATTORNEY TO BE NOTICED
Date Filed # Docket Text
04/19/2007 1 COMPLAINT, class action, for
Injunctive and Declaratory Releif against all
defendants (Filing fee paid $350.00,
Receipt#137313), filed by plaintiffs Arianna
Hernandez, Veronica Ollier, Naudia Rangel, Maritza
Rangel, and Amanda Hernandez.(lao, )(bar, ).
(Entered: 04/20/2007)
04/24/2007 2 Summons Issued as to
Sweetwater Union High School District, Arlie N
Ricasa, Pearl Quinones, Jim Cartmill, Jaime
Mercado, Greg R Sandoval, Jesus M Gandara, Earl
Weins, Russell Moore. (mjj, ) (mam). (Entered:
04/24/2007)
05/23/2007 3 WAIVER OF SERVICE
Returned Executed by Arianna Hernandez, Veronica
Ollier, Naudia Rangel, Maritza Rangel, Amanda
Hernandez. Sweetwater Union High School District
waiver sent on 5/2/2007, answer due 7/2/2007; Arlie
N Ricasa waiver sent on 5/2/2007, answer due
7/2/2007; Pearl Quinones waiver sent on 5/2/2007,
answer due 7/2/2007; Jim Cartmill waiver sent on
5/2/2007, answer due 7/2/2007; Jaime Mercado
waiver sent on 5/2/2007, answer due 7/2/2007;
Greg R Sandoval waiver sent on 5/2/2007, answer
due 7/2/2007; Jesus M Gandara waiver sent on
5/2/2007, answer due 7/2/2007; Earl Weins waiver
sent on 5/2/2007, answer due 7/2/2007; Russell
Moore waiver sent on 5/2/2007, answer due
7/2/2007. (Kristen, Elizabeth) (Entered: 05/23/2007)
06/29/2007 4 ANSWER to Complaint by
Sweetwater Union High School District, Arlie N
Ricasa, Pearl Quinones, Jim Cartmill, Jaime
Mercado, Greg R Sandoval, Jesus M Gandara, Earl
Weins, Russell Moore.(Abed, Gil) (Entered:
06/29/2007)
07/12/2007 5 NOTICE and ORDER setting
Early Neutral Evaluation set for 8/13/2007 02:00 PM
in Courtroom C before Magistrate Judge William
McCurine Jr.. Signed by Judge William McCurine Jr.
on 07/12/07. (jpp) (Entered: 07/12/2007)
07/19/2007 6 ORDER re 5 Early Neutral
Evaluation Conference: The Early Neutral
Evaluation conference scheduled for 8/13/07 at 2:00
pm shall be held telephonically. Signed by Judge
William McCurine Jr. on 7/19/2007. (mjj)(mam).
(Entered: 07/19/2007)
08/08/2007 7 ORDER re Telephonic Early
Neutral Evaluation Conference: On the Court's own
motion the Early Neutral Evaluation set for
8/13/2007 at 2:00 pm shall be held at 11:30 am
before Magistrate Judge William McCurine Jr.
Signed by Judge William McCurine Jr. on 8/8/2007.
(mjj)(bar ). (Entered: 08/08/2007)
08/13/2007 8 ORDER Telephonic Early
Neutral Evaluation Conference. The telephonic
Early Neutral Evaluation set for 8:13/07 at 11:30 is
continued to 8/17/2007 at 9:30 am before
Magistrate Judge William McCurine Jr. Signed by
Judge William McCurine Jr. on 8/13/2007. (mjj)(bar
). (Entered: 08/14/2007)
08/17/2007 9 ORDER Following Early
Neutral Evaluation Conference: On 8/17/07 the
Court convened a telephonic Early Neutral
Evaluation Conference. Settlement could not be
reached. Parties shall arrange a visit to location at
issue, complete Rule 26(f) conference and submit
joint inventory of facilities at issue by 9/17/07.
Lodgment of Joint discovery plan due 9/20/07. Initial
disclosure due 9/26/07. A telephonic status Case
Management Conference is set for 9/21/2007 09:30
AM before Magistrate Judge William McCurine Jr.
Signed by Judge William McCurine Jr. on
7/17/2007. (mjj) (mam). (Entered: 08/20/2007)
08/17/2007 10 Minute Entry for proceedings
held before Judge William McCurine Jr.: Telephonic
Early Neutral Evaluation Conference held on
8/17/2007(Tape #n/a).(Plaintiff Attorney Elizabeth
Kristen, Vicky Barker, Cecilia Kim).(Defendant
Attorney Dan Shinoff, Patrice Coady). (rab) (Entered:
08/20/2007)
09/12/2007 11 ORDER: Rule 26(b)
conference shall be completed before 10/19/07.
Joint inventory due 10/22/07. Lodgment of joint
discovery plan due 10/26/07. Initial disclosure per
Rule 26(a)(1)(A-D) shall occur before 10/29/07. The
telephonic Case Management Conference set for
9/21/2007 at 9:30 am is continued to 10/31/2007
09:00 AM before Magistrate Judge William
McCurine Jr. Signed by Judge William McCurine Jr.
on 9/12/2007. (mjj) (Entered: 09/12/2007)
09/13/2007 12 NOTICE of Appearance by
Patricia Michelle Coady on behalf of all defendants
(Coady, Patricia) (Entered: 09/13/2007)
09/13/2007 13 NOTICE of Appearance by
Daniel R Shinoff on behalf of all defendants
(Shinoff, Daniel) (Entered: 09/13/2007)
10/29/2007 14 ORDER. The Joint Inventory
currently due to the Court on 10/22/07, is now due to
the Court on 10/31/07. All other orders of the Court
remain in full force and effect unless otherwise
ordered by the Court. Signed by Judge William
McCurine Jr. on 10/29/07. (jcj) (Entered: 10/29/2007)
12/26/2007 15 Case Management
Conference ORDER Regulating Discovery and
Other Pretrial Proceedings: A Case Management
Conference was held on 10/31/07. Settlement
Conference set for 4/2/2008 09:15 AM in chambers
before Magistrate Judge William McCurine Jr.
Mandatory Settlement Conference set for 8/8/2008
09:15 AM in chambers before Magistrate Judge
William McCurine Jr. Final Pretrial Conference set
for 11/17/2008 11:00 AM in chambers before Judge
M. James Lorenz. Proposed Pretrial Order due by
11/10/2008. Signed by Judge William McCurine Jr.
on 12/26/2007. (mjj) (Entered: 12/26/2007)
02/22/2008 16 ORDER Status Conference
set for 2/26/2008 at 04:00 PM telephonically before
Magistrate Judge William McCurine Jr. Signed by
Judge William McCurine Jr. on 2/22/2008. (kmm)
(av1, ). (Entered: 02/22/2008)
02/22/2008 17 NOTICE of Appearance by
Erin Cranman Witkow on behalf of all plaintiffs
(Witkow, Erin) (mjj, ) (Entered: 02/22/2008)
02/27/2008 18 ORDER Following
Telephonic Status: On 2/26/08 a telephonic status
conference regarding discovery was held. Counsel
for defendant shall provide to plaintiff a letter
outlining the scope of the testimony of each
selected PMK deponent and the specific time
periods their testimony will cover by close of
business on 2/27/08. Letter briefs regarding the five
interrogatories in dispute shall be submitted as
follows: Plaintiff's brief due 3/10/08. Defendant's
response due 3/24/08. Plaintiff's reply due 3/28/08.
Signed by Judge William McCurine Jr. on
2/27/2008. (mjj) (Entered: 02/27/2008)
03/05/2008 20 MINUTE ORDER - Discovery
Hearing set for 3/5/08 at 9:00 a.m. has been taken
off calendar at counsel's request. (rab) (Entered:
03/10/2008)
03/10/2008 19 Ex Parte MOTION Leave of
Court for Defendant Board Members by Sweetwater
Union High School District, Arlie N Ricasa, Pearl
Quinones, Jim Cartmill, Jaime Mercado, Greg R
Sandoval, Jesus M Gandara, Earl Weins, Russell
Moore. (Shinoff, Daniel) Modified on 3/11/2008 to
add ex parte text (mjj, ) Modified on 11/18/2008 to
term motion(smv). (Entered: 03/10/2008)
03/10/2008 21 NOTICE by Arianna
Hernandez, Veronica Ollier, Naudia Rangel, Maritza
Rangel, Amanda Hernandez -- Notice of Filing
Letter Brief In Support of Plaintiffs' Motion to Compel
Further Responses to Interrogatories (Attachments:
# 1 Table of Contents of Exhibits to Letter Brief# 2
Exhibit 1 to Letter Brief# 3 Exhibit 2 to Letter Brief# 4
Exhibit 3 to Letter Brief# 5 Exhibit 4 to Letter Brief# 6
Declaration of Elizabeth Kristen# 7 Exhibit A to
Declaration of Elizabeth Kristen# 8 Exhibit B to
Declaration of Elizabeth Kristen# 9 Exhibit C to
Declaration of Elizabeth Kristen# 10 Exhibit D to
Declaration of Elizabeth Kristen# 11 Exhibit E to
Declaration of Elizabeth Kristen# 12 Exhibit F to
Declaration of Elizabeth Kristen# 13 Exhibit G to
Declaration of Elizabeth Kristen# 14 Exhibit H to
Declaration of Elizabeth Kristen# 15 Exhibit I to
Declaration of Elizabeth Kristen# 16 Proof of
Service)(Witkow, Erin) (mjj, ) (Entered: 03/10/2008)
03/17/2008 22 Document Stricken from the
Record pursuant to 40 Order - MOTION to Certify
Class by Veronica Ollier. (Kristen, Elizabeth)
Modified on 3/18/2008 - sent DO to chambers re
docs 22-39 re event, signature and attachments
(mjj, ) Attachment(s) added on 3/18/2008 (mjj, ).
Modified on 3/18/2008 to add striking text (mjj, )
(Entered: 03/17/2008)
03/17/2008 23 Document Stricken from the
Record pursuant to 40 Order - Memorandum of
Points and Authorities in Support of 22 - filed as:
MOTION to Certify Class Memorandum of Pts &
Auth ISO P's Motion for Class Cert by Veronica
Ollier. (Kristen, Elizabeth) Modified on 3/18/2008 to
clarify text (mjj, ) Attachment(s) added on 3/18/2008
(mjj, ). Modified on 3/18/2008 to add striking text
(mjj, ) (Entered: 03/17/2008)
03/17/2008 24 Document Stricken from the
Record pursuant to 40 Order - AFFIDAVIT re 23
MOTION to Certify Class Memorandum of Pts &
Auth ISO P's Motion for Class Cert by Plaintiff
Veronica Ollier. (Attachments: # Exhibit A-B# Exhibit
C# Exhibit D-E# Exhibit F-H# Exhibit I-P)(Kristen,
Elizabeth) (mjj, ) Attachment(s) added on 3/18/2008
(mjj, ). Modified on 3/18/2008 to add striking text
(mjj, ) (Entered: 03/17/2008)
03/17/2008 25 Document Stricken from the
Record pursuant to 40 Order - AFFIDAVIT re 23
MOTION to Certify Class Memorandum of Pts &
Auth ISO P's Motion for Class Cert Patricia A. Shiu
Dec by Plaintiff Veronica Ollier. (Kristen, Elizabeth)
(mjj, ) Attachment(s) added on 3/18/2008 (mjj, ).
Modified on 3/18/2008 to add striking text (mjj, )
(Entered: 03/17/2008)
03/17/2008 26 Document Stricken from the
Record pursuant to 40 Order - AFFIDAVIT re 23
MOTION to Certify Class Memorandum of Pts &
Auth ISO P's Motion for Class Cert Vicky L. Barker
Dec by Plaintiff Veronica Ollier. (Kristen, Elizabeth)
(mjj, ) Attachment(s) added on 3/18/2008 (mjj, ).
Modified on 3/18/2008 to add striking text (mjj, )
(Entered: 03/17/2008)
03/17/2008 27 Document Stricken from the
Record pursuant to 40 Order - AFFIDAVIT re 23
MOTION to Certify Class Memorandum of Pts &
Auth ISO P's Motion for Class Cert Cacilia Kim Dec
by Plaintiff Veronica Ollier. (Kristen, Elizabeth) (mjj, )
Attachment(s) added on 3/18/2008 (mjj, ). Modified
on 3/18/2008 to add striking text (mjj, ) (Entered:
03/17/2008)
03/17/2008 28 Document Stricken from the
Record pursuant to 40 Order - AFFIDAVIT re 23
MOTION to Certify Class Memorandum of Pts &
Auth ISO P's Motion for Class Cert Matthew P.
Kanny Dec by Plaintiff Veronica Ollier. (Kristen,
Elizabeth) (mjj, ) Attachment(s) added on 3/18/2008
(mjj, ). Modified on 3/18/2008 to add striking text
(mjj, ) (Entered: 03/17/2008)
03/17/2008 29 Document Stricken from the
Record pursuant to 40 Order - AFFIDAVIT re 23
MOTION to Certify Class Memorandum of Pts &
Auth ISO P's Motion for Class Cert Erin C. Witkow
Dec by Plaintiff Veronica Ollier. (Kristen, Elizabeth)
(mjj, ) Attachment(s) added on 3/18/2008 (mjj, ).
Modified on 3/18/2008 to add striking text (mjj, )
(Entered: 03/17/2008)
03/17/2008 30 Document Stricken from the
Record pursuant to 40 Order - AFFIDAVIT re 23
MOTION to Certify Class Memorandum of Pts &
Auth ISO P's Motion for Class Cert Veronica Ollier
Dec by Plaintiff Veronica Ollier. (Kristen, Elizabeth)
(mjj, ) Attachment(s) added on 3/18/2008 (mjj, ).
Modified on 3/18/2008 to add striking text (mjj, )
(Entered: 03/17/2008)
03/17/2008 31 Document Stricken from the
Record pursuant to 40 Order - AFFIDAVIT re 23
MOTION to Certify Class Memorandum of Pts &
Auth ISO P's Motion for Class Cert Victoria Ollier
Dec by Plaintiff Veronica Ollier. (Kristen, Elizabeth)
(mjj, ) Attachment(s) added on 3/18/2008 (mjj, ).
Modified on 3/18/2008 to add striking text (mjj, )
(Entered: 03/17/2008)
03/17/2008 32 Document Stricken from the
Record pursuant to 40 Order - AFFIDAVIT re 23
MOTION to Certify Class Memorandum of Pts &
Auth ISO P's Motion for Class Cert Naudia Rangel
Dec by Plaintiff Veronica Ollier. (Kristen, Elizabeth)
(mjj, ) Attachment(s) added on 3/18/2008 (mjj, ).
Modified on 3/18/2008 to add striking text (mjj, )
(Entered: 03/17/2008)
03/17/2008 33 Document Stricken from the
Record pursuant to 40 Order - AFFIDAVIT re 23
MOTION to Certify Class Memorandum of Pts &
Auth ISO P's Motion for Class Cert Maritza Rangel
Dec by Plaintiff Veronica Ollier. (Kristen, Elizabeth)
(mjj, ) Attachment(s) added on 3/18/2008 (mjj, ).
Modified on 3/18/2008 to add striking text (mjj, )
(Entered: 03/17/2008)
03/17/2008 34 Document Stricken from the
Record pursuant to 40 Order - AFFIDAVIT re 23
MOTION to Certify Class Memorandum of Pts &
Auth ISO P's Motion for Class Cert Armondo
Hernandez Dec by Plaintiff Veronica Ollier. (Kristen,
Elizabeth) (mjj, ) Attachment(s) added on 3/18/2008
(mjj, ). Modified on 3/18/2008 to add striking text
(mjj, ) (Entered: 03/17/2008)
03/17/2008 35 Document Stricken from the
Record pursuant to 40 Order - AFFIDAVIT re 23
MOTION to Certify Class Memorandum of Pts &
Auth ISO P's Motion for Class Cert Amanda
Hernandez Dec by Plaintiff Veronica Ollier. (Kristen,
Elizabeth) (mjj, ) Attachment(s) added on 3/18/2008
(mjj, ). Modified on 3/18/2008 to add striking text
(mjj, ) (Entered: 03/17/2008)
03/17/2008 36 Document Stricken from the
Record pursuant to 40 Order - AFFIDAVIT re 23
MOTION to Certify Class Memorandum of Pts &
Auth ISO P's Motion for Class Cert Arianna
Hernandez Dec by Plaintiff Veronica Ollier. (Kristen,
Elizabeth) (mjj, ) Attachment(s) added on 3/18/2008
(mjj, ). Modified on 3/18/2008 to add striking text
(mjj, ) (Entered: 03/17/2008)
03/17/2008 37 Document Stricken from the
Record pursuant to 40 Order - AFFIDAVIT re 23
MOTION to Certify Class Memorandum of Pts &
Auth ISO P's Motion for Class Cert Douglas
Christopher Martinez Dec by Plaintiff Veronica Ollier.
(Kristen, Elizabeth) (mjj, ) Attachment(s) added on
3/18/2008 (mjj, ). Modified on 3/18/2008 to add
striking text (mjj, ) (Entered: 03/17/2008)
03/17/2008 38 Document Stricken from the
Record pursuant to 40 Order - Notice of Lodgment -
filed as: AFFIDAVIT re 23 MOTION to Certify Class
Memorandum of Pts & Auth ISO P's Motion for
Class Cert EK Dec re Separate Exhibit Filing by
Plaintiff Veronica Ollier. (Kristen, Elizabeth) Modified
on 3/18/2008 to clarify text (mjj) Modified text on
3/18/2008 (jcj). Attachment(s) added on 3/18/2008
(mjj, ). Modified on 3/18/2008 to add striking text
(mjj, ) (Entered: 03/17/2008)
03/17/2008 39 Document Stricken from the
Record pursuant to 40 Order - CERTIFICATE OF
SERVICE by Veronica Ollier re 22 MOTION to Certify
Class (Kristen, Elizabeth) (mjj, ) Attachment(s)
added on 3/18/2008 (mjj, ). Modified on 3/18/2008
to add striking text (mjj, ) (Entered: 03/17/2008)
03/18/2008 40 Discrepancy Order by Judge
M. James Lorenz rejecting document: Docket #'s 22
through 39 - Motion to Certify Class and supporting
documents from Plaintiffs Arianna Hernandez,
Veronica Ollier, Naudia Rangel, Maritza Rangel,
Amanda Hernandez, non-compliance with local rule
ECF 2(a), (g) - Docket entry does not accurately
reflect the document(s) filed; ECF 2(f) - Lacking
proper signature; ECF 2(g)(2) - All supporting
documents are to be filed as attachment to the
motion, not as separate filings. The document is
rejected. It is ordered that the Clerk STRIKE the
document from the record. Signed by Judge M.
James Lorenz on 3/18/2008. (mjj) (Entered:
03/18/2008)
03/18/2008 41 MOTION to Certify Class by
Veronica Ollier. (Attachments: # 1 Memo of Points
and Authorities # 2 Affidavit Elizabeth Kristen
Declaration# 3 Exhibit A-B# 4 Exhibit C# 5 Exhibit
D-E# 6 Exhibit F-H# 7 Exhibit I-P# 8 Affidavit Patricia
Shiu Dec# 9 Affidavit Vicky Barker Dec# 10 Affidavit
Cacilia Kim Dec# 11 Affidavit Matthew Kanny Dec#
12 Affidavit Erin Witkow Dec# 13 Affidavit Veronica
Ollier Dec# 14 Affidavit Victoria Ollier Dec# 15
Affidavit Naudia Rangel# 16 Affidavit Maritza Rangel
Dec# 17 Affidavit Armondo Hernandez Dec# 18
Affidavit Amanda Hernandez Dec# 19 Affidavit
Arianna Hernandez Dec# 20 Affidavit Douglas C.
Martinez Dec# 21 Declaration Separate Exhibit
Filing# 22 Proof of Service)(Kristen, Elizabeth)
Modified on 3/19/2008 - email sent instructing to file
a signed amended proof (mjj, ) (Entered:
03/18/2008)
03/19/2008 42 CERTIFICATE OF SERVICE
by Veronica Ollier re 41 MOTION to Certify Class
Amended Certificate of Service (Kristen, Elizabeth)
(mjj, ) (Entered: 03/19/2008)
03/21/2008 43 CERTIFICATE OF SERVICE
by Veronica Ollier re 41 MOTION to Certify Class
Second Amended POS (Kristen, Elizabeth) (mjj, )
(Entered: 03/21/2008)
03/24/2008 44 NOTICE - Letter Brief by
Sweetwater Union High School District, Arlie N
Ricasa, Pearl Quinones, Jim Cartmill, Jaime
Mercado, Greg R Sandoval, Jesus M Gandara, Earl
Weins, Russell Moore re 21 Notice (Other), Notice
(Other), Notice (Other), Notice (Other) Opposition to
Motion to Compel (Attachments: # 1 Exhibit 1-10# 2
Exhibit 11-16# 3 Exhibit 17# 4 Exhibit 18-19# 5
Exhibit 20# 6 Exhibit 21-24# 7 Declaration Gil Abed#
8 Proof of Service)(Abed, Gil) Modified on 3/25/2008
to clarify text (mjj, ) (Entered: 03/24/2008)
03/28/2008 45 REPLY re 44 Notice- Letter
Brief filed by Veronica Ollier. (Attachments: # 1 Proof
of Service)(Kristen, Elizabeth) Modified on 4/1/2008
edit text(joeh, ). (Entered: 03/28/2008)
03/28/2008 46 RESPONSE in Opposition
re 41 MOTION to Certify Class filed by Sweetwater
Union High School District, Arlie N Ricasa, Pearl
Quinones, Jim Cartmill, Jaime Mercado, Greg R
Sandoval, Jesus M Gandara, Earl Weins, Russell
Moore. (Attachments: # 1 Proof of Service)(Shinoff,
Daniel). (jah). (Entered: 03/28/2008)
04/02/2008 52 Minute Entry for proceedings
held before Judge William McCurine Jr.: Settlement
Conference held on 4/2/2008. No settlement. Order
Issued.(Plaintiff Attorney Elizabeth Kristen; Erin
Witkow; Cecelia Kim).(Defendant Attorney Daniel
Shinoff; Patrice Coady; Vicky Barley). (rfm) (Entered:
04/10/2008)
04/07/2008 47 REPLY re 41 MOTION to
Certify Class filed by Veronica Ollier. (Attachments:
# 1 Declaration Elizabeth Kristen, Exhibits A-L# 2
Declaration Mary Broughton# 3 Proof of
Service)(Kristen, Elizabeth) (mjj, ) (Entered:
04/07/2008)
04/07/2008 48 NOTICE of Expert Witness
Designation - filed as: Witness List by Arianna
Hernandez, Veronica Ollier, Naudia Rangel, Maritza
Rangel, Amanda Hernandez. (Witkow, Erin) (mjj, )
Modified on 4/8/2008 to clarify text per attorneys
request (mjj, ) (Entered: 04/07/2008)
04/08/2008 49 ORDER re Oral Argument:
Plaintiffs' 41 MOTION to Certify Class is set for
hearing on 4/14/2008. The Court finds this matter
suitable for determination on the papers submitted
and without oral argument. No appearances are
required. Signed by Judge M. James Lorenz on
4/8/2008. (mjj) (Entered: 04/08/2008)
04/08/2008 50 ORDER Following
Settlement Conference: A settlement conference
was held on 4/2/08. No settlement was reached.
The Court sets three telephonic Status
Conferences: for 4/21/2008 09:00 AM, 5/7/08 9:30
AM, and 5/21/08 9:15 AM before Magistrate Judge
William McCurine Jr. Counsel for defendant is
instructed to initiate the call for each telephonic
status conference. Signed by Magistrate Judge
William McCurine Jr. on 4/8/2008. (mjj) (Entered:
04/09/2008)
04/09/2008 51 NOTICE of
Hearing:Telephonic Status Conference set for
4/10/2008 04:30 PM in Courtroom C before
Magistrate Judge William McCurine Jr.. (rab)
(Entered: 04/09/2008)
04/21/2008 53 MOTION to Compel by
Veronica Ollier. (Attachments: # 1 Declaration
Elizabeth Kristen, # 2 Exhibit A-G, # 3 Exhibit H-N, #
4 Exhibit O-V)(Kristen, Elizabeth) Modified on
4/22/2008 - sent DO to chambers re time, p's & a's,
table of content (mjj) (Entered: 04/21/2008)
04/21/2008 54 ORDER Following
Telephonic Status Conference: A telephonic status
conference was held on 4/21/08. The next
telephonic status regarding this issue is scheduled
for 5/7/08 at 9:30 a.m. Signed by Magistrate Judge
William McCurine, Jr on 4/21/2008. (mjj) (Entered:
04/21/2008)
04/30/2008 55 Joint MOTION for Extension
of Time to Complete Discovery (Expert Discovery) by
Arianna Hernandez, Veronica Ollier, Naudia Rangel,
Maritza Rangel, Amanda Hernandez. (Witkow, Erin)
(mjj) Modified on 11/18/2008 to term motion (smv).
(Entered: 04/30/2008)
05/01/2008 56 RESPONSE in Opposition
re 53 MOTION to Compel Further Document
Production filed by Sweetwater Union High School
District, Arlie N Ricasa, Pearl Quinones, Jim
Cartmill, Jaime Mercado, Greg R Sandoval, Jesus
M Gandara, Earl Weins, Russell Moore.
(Attachments: # 1 Declaration Gary Gauger in
Support of Opposition, # 2 Declaration Patrice
Coady in Support of Opposition, # 3 Proof of
Service)(Shinoff, Daniel) (mjj) (Entered: 05/01/2008)
05/07/2008 59 Minute Entry for proceedings
held before Magistrate Judge William McCurine,
Jr:Telephonic Status Conference held on
5/7/2008.(Tape #n/a).(Plaintiff Attorney Elizabeth
Kristen).(Defendant Attorney Dan Shinhoff).(rab)
(Entered: 05/14/2008)
05/12/2008 57 REPLY re 56 Response in
Opposition to Motion, filed by Veronica Ollier.
(Attachments: # 1 Declaration of Cacilia Kim, # 2
Exhibit A-D, # 3 Proof of Service)(Kristen, Elizabeth).
Modified on 5/13/2008 - Filed in Letter format. Not
proper format and not properly captioned in
accordance w/ L.R. 5.1.j.1. Email sent to Atty (jah).
(Entered: 05/12/2008)
05/12/2008 58 ORDER Following
Telephonic Status Conference. A telephonic status
conference was held on May 7, 2008. The next
telephonic status regarding this issue is scheduled
for May 21, 2008, at 9:15 AM. Signed by Magistrate
Judge William McCurine, Jr on 5/12/08. (aje)
(Entered: 05/13/2008)
05/21/2008 60 ORDER Following
Telephonic Status Conference: A telephonic status
conference was held on May 21, 2008. Counsel for
defendants advised the Court of its further findings
regarding construction cost issues. This was the
third and last scheduled telephonic status
regarding this issue. Signed by Magistrate Judge
William McCurine, Jr on 5/21/2008. (mjj) (Entered:
05/21/2008)
05/21/2008 61 Minute Entry for proceedings
held before Magistrate Judge William McCurine,
Jr:Telephonic Status Conference held on
5/21/2008. Court to issue order.(Tape #n/a).(Plaintiff
Attorney Elizabeth Kristen).(Defendant Attorney Dan
Shinhoff).(rab) (Entered: 05/23/2008)
05/27/2008 62 ORDER to Continue Expert
Discovery Deadlines: Expert disclosures shall be
served on all parties on or before September 8,
2008; Any contradictory or rebuttal information shall
be disclosed on or before September 29, 2008; and
Depositions of expert witnesses shall be
completed by all parties on or beforeOctober 31,
2008. Signed by Magistrate Judge William
McCurine, Jr on 5/27/2008. (mjj) (Entered:
05/27/2008)
05/28/2008 64 Minute Entry for proceedings
held before Magistrate Judge William McCurine, Jr:
Telephonic Discovering Hearing set for 5/28/08 at
4:00 p.m. before Magistrate Judge McCurine, Jr. -
not held.(Tape #n/a).(rab) (Entered: 06/09/2008)
06/05/2008 63 MOTION for Protective Order
Stipulated by Veronica Ollier. (Kristen, Elizabeth)
Modified on 6/10/2008 - attorney instructed to refile.
Missing signature and contains proposed
order.(mjj) (Entered: 06/05/2008)
06/12/2008 65 Joint MOTION for Protective
Order Stipulated by Veronica Ollier. (Kristen,
Elizabeth) Modified on 6/13/2008 - sent DO to
chambers re event, signature and proposed order
(mjj) (Entered: 06/12/2008)
07/23/2008 67 Minute Entry for proceedings
held before Magistrate Judge William McCurine, Jr:
Status Conference set for 7/23/08 at 9:00 a.m. is off
calendar. The court will reset the hearing.(Tape
#n/a).(Plaintiff Attorney n/a).(Defendant Attorney
n/a).(rab) (Entered: 07/29/2008)
07/28/2008 66 MOTION for Summary
Adjudication by Veronica Ollier. (Attachments: # 1
Memo of Points and Authorities, # 2 Declaration
Elizabeth Kristen, # 3 Exhibit A-D, # 4 Exhibit E-G, #
5 Exhibit H-L, # 6 Proof of Service)(Kristen,
Elizabeth) Modified on 7/29/2008 - sent email re
exhibits (mjj) (Entered: 07/28/2008)
08/05/2008 68 Joint MOTION to Continue
Summary Judgment Deadlines by Sweetwater
Union High School District. (Shinoff, Daniel) (mjj)
(Entered: 08/05/2008)
08/08/2008 69 ORDER Granting 68 Joint
Motion to Continue Briefing Schedule and Hearing
Date: Defendants' opposition due 9/17/08. Plaintiffs'
reply memorandum due 9/29/08. Plaintiffs' motion
for partial summary judgment is continued until
10/6/08 at 10:30. Signed by Judge M. James Lorenz
on 8/8/2008. (mjj) (Entered: 08/08/2008)
08/08/2008 70 ORDER Following
Telephonic Status Conference: On 8/5/08 a
telephonic hearing regarding discovery was held. A
Settlement Conference is set for 9/8/2008 02:00 PM
before Magistrate Judge William McCurine Jr. A
furhter telephonic Status Conference is set for
8/12/2008 04:30 PM before Magistrate Judge
William McCurine Jr. Signed by Magistrate Judge
William McCurine, Jr on 8/8/2008. (mjj) (Entered:
08/08/2008)
08/12/2008 72 Minute Entry for proceedings
held before Magistrate Judge William McCurine,
Jr:Telephonic Status Conference held on
8/12/2008(Tape #n/a).(Plaintiff Attorney Elizabeth
Kristen).(Defendant Attorney Patricia Coady).(rab)
(Entered: 09/05/2008)
08/25/2008 71 ORDER Granting Motion For
Class Certification (Re Doc. 41 ). Signed by Judge
M. James Lorenz on 8/25/2008. (mdc) (Entered:
08/25/2008)
09/08/2008 73 Amended Case
Management ORDER Regulating Discovery and
Other Pretrial Proceedings: Final Pretrial
Conference set for 1/26/2009 11:00 AM before
Judge M. James Lorenz. Proposed Pretrial Order
due by 1/20/2009. Signed by Magistrate Judge
William McCurine, Jr on 9/8/2008. (mjj) (Entered:
09/08/2008)
09/09/2008 74 ORDER Confirming
Settlement Conference: Pursuant to the last
telephonic status conference the Court has
scheduled a full day settlement conference for
September 10, 2008, at 9:30 a.m. Signed by
Magistrate Judge William McCurine, Jr on 9/9/2008.
(mjj) (Entered: 09/09/2008)
09/10/2008 76 Minute Entry for proceedings
held before Magistrate Judge William McCurine,
Jr:Settlement Conference held on 9/10/2008(Tape
#n/a).(Plaintiff Attorney Elizabeth
Kristen).(Defendant Attorney Dan Shinhoff, Patrice
Coady).(rab) (Entered: 09/26/2008)
09/17/2008 75 RESPONSE in Opposition
re 66 MOTION for Summary Adjudication filed by
Sweetwater Union High School District, Arlie N
Ricasa, Pearl Quinones, Jim Cartmill, Jaime
Mercado, Greg R Sandoval, Jesus M Gandara, Earl
Weins, Russell Moore. (Attachments: # 1
Declaration Paul Van Nostrand, # 2 Declaration
Russell Moore, # 3 Declaration Patrice Coady, # 4
Exhibit List, # 5 Exhibit A-J, # 6 Notice Objections to
Evidence, # 7 Proof of Service)(Shinoff, Daniel) (mjj)
(Entered: 09/17/2008)
09/29/2008 77 ORDER re: Oral Argument:
Plaintiffs' 66 MOTION for Summary Adjudication is
set for hearing on 10/6/08. The Court finds this
matter suitable for determination on the papers
submitted and without oral argument. No
appearances are required. Signed by Judge M.
James Lorenz on 9/29/2008. (mjj) (Entered:
09/29/2008)
09/29/2008 78 REPLY re 75 Response in
Opposition to Motion, 66 MOTION for Summary
Adjudication filed by Veronica Ollier. (Attachments: #
1 Reply Declaration of Elizabeth Kristen and
Exhibits A-R, # 2 Plaintiffs' Response to Defendants
Objections, # 3 Plaintiffs' Objections to Declaration
of Russell Moore, # 4 Proof of Service)(Kristen,
Elizabeth) Modified on 9/30/2008 to clarify text (mjj)
(Entered: 09/29/2008)
10/09/2008 79 Stipulated PROTECTIVE
ORDER. Signed by Magistrate Judge William
McCurine, Jr on 10/09/08. (jpp) (Entered:
10/10/2008)
11/10/2008 80 ORDER Re: Courtesy
Copies: Plaintiffs filed a motion for partial summary
judgment. In response to plaintiffs motion,
defendants filed their opposition consisting of 98
pages 75 . Although plaintiffs have provided the
Court with courtesy copies of their filings,
defendants have not. Defendants are directed to
provide the Court with a courtesy copy of their
complete filing in opposition to plaintiffs motion not
later than noon on November 12, 2008. Failure to
provide a courtesy copy within the time provided
shall result in the filing being stricken from the
record. Signed by Judge M. James Lorenz on
11/10/2008. (mjj) (Entered: 11/10/2008)
11/24/2008 81 MOTION for Discovery by
Veronica Ollier. (Attachments: # 1 Declaration
Declaration of Elizabeth Kristen, # 2 Exhibit Exhibits
A-B, # 3 Exhibit Exhibit C (part 1), # 4 Exhibit Exhibit
C (part 2), # 5 Exhibit Exhibit C (part 3), # 6 Exhibit
Exhibits D-H, # 7 Proof of Service)(Kristen,
Elizabeth) Modified on 11/25/2008 - sent email re
points and authorities and motion format (mjj)
(Entered: 11/24/2008)
11/26/2008 82 Response to Defendants'
November 24, 2008 Brief - filed as: MOTION for
Discovery by Veronica Ollier. (Attachments: # 1
Declaration Reply Declaration of Elizabeth Kristen,
# 2 Exhibit Exhibits A-C, # 3 Exhibit Exhibit D, # 4
Exhibit Exhibits E-F, # 5 Proof of Service Proof of
Service)(Kristen, Elizabeth) Modified on 12/2/2008 -
sent email re correct event (mjj) (Entered:
11/26/2008)
01/05/2009 83 ORDER Vacating Pretrial
Conference Date: On the Court's own motion, the
pretrial conference set for 1/26/09 at 11:00 AM is
Vacated. Dates for the filing of a proposed pretrial
order and pretrial conference will be set after
disposition of the summary adjudication motion.
Signed by Judge M. James Lorenz on 1/5/2009.
(leh) (Entered: 01/05/2009)
01/05/2009 84 PRETRIAL Disclosure by
Sweetwater Union High School District, Arlie N
Ricasa, Pearl Quinones, Jim Cartmill, Jaime
Mercado, Greg R Sandoval, Jesus M Gandara, Earl
Weins, Russell Moore. (Abed, Gil) Modified on
1/6/2009 to clarify text (mjj) (Entered: 01/05/2009)
01/07/2009 85 ORDER: Pursuant to the
vacating of the pretrial conference date, pending
Judge Lorenz's ruling on Plaintiff's motion for
summary judgment, the Court shall stay all pending
dates relating to the preparation for the pretrial
conference. Discovery will continue toward
completion and will continue to be monitored by
Magistrate Judge McCurine. Counsel for Plaintiff is
instructed to contact chambers within three days of
Judge Lorenzs ruling on the pending motion for
summary judgment. Signed by Magistrate Judge
William McCurine, Jr on 1/7/2009. (mjj) (Entered:
01/07/2009)
01/07/2009 86 Minute Entry for proceedings
held before Magistrate Judge William McCurine,
Jr:Telephonic Status Conference held on
1/7/2009.(Tape #n/a).(Plaintiff Attorney Elizabeth
Kristen).(Defendant Attorney Dan Shinoff, Paul
Corelli).(rab) (Entered: 01/12/2009)
Pearl Quinones
in their official capacities represented by
Daniel R Shinoff
(See above for address)
ATTORNEY TO BE NOTICED
Gil Abed
(See above for address)
ATTORNEY TO BE NOTICED
Patricia Michelle Coady
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Jim Cartmill
in their official capacities represented by
Daniel R Shinoff
(See above for address)
ATTORNEY TO BE NOTICED
Gil Abed
(See above for address)
ATTORNEY TO BE NOTICED
Patricia Michelle Coady
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Jaime Mercado
in their official capacities represented by
Daniel R Shinoff
(See above for address)
ATTORNEY TO BE NOTICED
Gil Abed
(See above for address)
ATTORNEY TO BE NOTICED
Patricia Michelle Coady
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Greg R Sandoval
in their official capacities represented by
Daniel R Shinoff
(See above for address)
ATTORNEY TO BE NOTICED
Gil Abed
(See above for address)
ATTORNEY TO BE NOTICED
Patricia Michelle Coady
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Jesus M Gandara
in their official capacities represented by
Daniel R Shinoff
(See above for address)
ATTORNEY TO BE NOTICED
Gil Abed
(See above for address)
ATTORNEY TO BE NOTICED
Patricia Michelle Coady
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Earl Weins
in their official capacities represented by
Daniel R Shinoff
(See above for address)
ATTORNEY TO BE NOTICED
Gil Abed
(See above for address)
ATTORNEY TO BE NOTICED
Patricia Michelle Coady
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Russell Moore
in their official capacities represented by
Daniel R Shinoff
(See above for address)
ATTORNEY TO BE NOTICED
Gil Abed
(See above for address)
ATTORNEY TO BE NOTICED
Patricia Michelle Coady
(See above for address)
ATTORNEY TO BE NOTICED
Date Filed # Docket Text
04/19/2007 1 COMPLAINT, class action, for
Injunctive and Declaratory Releif against all
defendants (Filing fee paid $350.00,
Receipt#137313), filed by plaintiffs Arianna
Hernandez, Veronica Ollier, Naudia Rangel, Maritza
Rangel, and Amanda Hernandez.(lao, )(bar, ).
(Entered: 04/20/2007)
04/24/2007 2 Summons Issued as to
Sweetwater Union High School District, Arlie N
Ricasa, Pearl Quinones, Jim Cartmill, Jaime
Mercado, Greg R Sandoval, Jesus M Gandara, Earl
Weins, Russell Moore. (mjj, ) (mam). (Entered:
04/24/2007)
05/23/2007 3 WAIVER OF SERVICE
Returned Executed by Arianna Hernandez, Veronica
Ollier, Naudia Rangel, Maritza Rangel, Amanda
Hernandez. Sweetwater Union High School District
waiver sent on 5/2/2007, answer due 7/2/2007; Arlie
N Ricasa waiver sent on 5/2/2007, answer due
7/2/2007; Pearl Quinones waiver sent on 5/2/2007,
answer due 7/2/2007; Jim Cartmill waiver sent on
5/2/2007, answer due 7/2/2007; Jaime Mercado
waiver sent on 5/2/2007, answer due 7/2/2007;
Greg R Sandoval waiver sent on 5/2/2007, answer
due 7/2/2007; Jesus M Gandara waiver sent on
5/2/2007, answer due 7/2/2007; Earl Weins waiver
sent on 5/2/2007, answer due 7/2/2007; Russell
Moore waiver sent on 5/2/2007, answer due
7/2/2007. (Kristen, Elizabeth) (Entered: 05/23/2007)
06/29/2007 4 ANSWER to Complaint by
Sweetwater Union High School District, Arlie N
Ricasa, Pearl Quinones, Jim Cartmill, Jaime
Mercado, Greg R Sandoval, Jesus M Gandara, Earl
Weins, Russell Moore.(Abed, Gil) (Entered:
06/29/2007)
07/12/2007 5 NOTICE and ORDER setting
Early Neutral Evaluation set for 8/13/2007 02:00 PM
in Courtroom C before Magistrate Judge William
McCurine Jr.. Signed by Judge William McCurine Jr.
on 07/12/07. (jpp) (Entered: 07/12/2007)
07/19/2007 6 ORDER re 5 Early Neutral
Evaluation Conference: The Early Neutral
Evaluation conference scheduled for 8/13/07 at 2:00
pm shall be held telephonically. Signed by Judge
William McCurine Jr. on 7/19/2007. (mjj)(mam).
(Entered: 07/19/2007)
08/08/2007 7 ORDER re Telephonic Early
Neutral Evaluation Conference: On the Court's own
motion the Early Neutral Evaluation set for
8/13/2007 at 2:00 pm shall be held at 11:30 am
before Magistrate Judge William McCurine Jr.
Signed by Judge William McCurine Jr. on 8/8/2007.
(mjj)(bar ). (Entered: 08/08/2007)
08/13/2007 8 ORDER Telephonic Early
Neutral Evaluation Conference. The telephonic
Early Neutral Evaluation set for 8:13/07 at 11:30 is
continued to 8/17/2007 at 9:30 am before
Magistrate Judge William McCurine Jr. Signed by
Judge William McCurine Jr. on 8/13/2007. (mjj)(bar
). (Entered: 08/14/2007)
08/17/2007 9 ORDER Following Early
Neutral Evaluation Conference: On 8/17/07 the
Court convened a telephonic Early Neutral
Evaluation Conference. Settlement could not be
reached. Parties shall arrange a visit to location at
issue, complete Rule 26(f) conference and submit
joint inventory of facilities at issue by 9/17/07.
Lodgment of Joint discovery plan due 9/20/07. Initial
disclosure due 9/26/07. A telephonic status Case
Management Conference is set for 9/21/2007 09:30
AM before Magistrate Judge William McCurine Jr.
Signed by Judge William McCurine Jr. on
7/17/2007. (mjj) (mam). (Entered: 08/20/2007)
08/17/2007 10 Minute Entry for proceedings
held before Judge William McCurine Jr.: Telephonic
Early Neutral Evaluation Conference held on
8/17/2007(Tape #n/a).(Plaintiff Attorney Elizabeth
Kristen, Vicky Barker, Cecilia Kim).(Defendant
Attorney Dan Shinoff, Patrice Coady). (rab) (Entered:
08/20/2007)
09/12/2007 11 ORDER: Rule 26(b)
conference shall be completed before 10/19/07.
Joint inventory due 10/22/07. Lodgment of joint
discovery plan due 10/26/07. Initial disclosure per
Rule 26(a)(1)(A-D) shall occur before 10/29/07. The
telephonic Case Management Conference set for
9/21/2007 at 9:30 am is continued to 10/31/2007
09:00 AM before Magistrate Judge William
McCurine Jr. Signed by Judge William McCurine Jr.
on 9/12/2007. (mjj) (Entered: 09/12/2007)
09/13/2007 12 NOTICE of Appearance by
Patricia Michelle Coady on behalf of all defendants
(Coady, Patricia) (Entered: 09/13/2007)
09/13/2007 13 NOTICE of Appearance by
Daniel R Shinoff on behalf of all defendants
(Shinoff, Daniel) (Entered: 09/13/2007)
10/29/2007 14 ORDER. The Joint Inventory
currently due to the Court on 10/22/07, is now due to
the Court on 10/31/07. All other orders of the Court
remain in full force and effect unless otherwise
ordered by the Court. Signed by Judge William
McCurine Jr. on 10/29/07. (jcj) (Entered: 10/29/2007)
12/26/2007 15 Case Management
Conference ORDER Regulating Discovery and
Other Pretrial Proceedings: A Case Management
Conference was held on 10/31/07. Settlement
Conference set for 4/2/2008 09:15 AM in chambers
before Magistrate Judge William McCurine Jr.
Mandatory Settlement Conference set for 8/8/2008
09:15 AM in chambers before Magistrate Judge
William McCurine Jr. Final Pretrial Conference set
for 11/17/2008 11:00 AM in chambers before Judge
M. James Lorenz. Proposed Pretrial Order due by
11/10/2008. Signed by Judge William McCurine Jr.
on 12/26/2007. (mjj) (Entered: 12/26/2007)
02/22/2008 16 ORDER Status Conference
set for 2/26/2008 at 04:00 PM telephonically before
Magistrate Judge William McCurine Jr. Signed by
Judge William McCurine Jr. on 2/22/2008. (kmm)
(av1, ). (Entered: 02/22/2008)
02/22/2008 17 NOTICE of Appearance by
Erin Cranman Witkow on behalf of all plaintiffs
(Witkow, Erin) (mjj, ) (Entered: 02/22/2008)
02/27/2008 18 ORDER Following
Telephonic Status: On 2/26/08 a telephonic status
conference regarding discovery was held. Counsel
for defendant shall provide to plaintiff a letter
outlining the scope of the testimony of each
selected PMK deponent and the specific time
periods their testimony will cover by close of
business on 2/27/08. Letter briefs regarding the five
interrogatories in dispute shall be submitted as
follows: Plaintiff's brief due 3/10/08. Defendant's
response due 3/24/08. Plaintiff's reply due 3/28/08.
Signed by Judge William McCurine Jr. on
2/27/2008. (mjj) (Entered: 02/27/2008)
03/05/2008 20 MINUTE ORDER - Discovery
Hearing set for 3/5/08 at 9:00 a.m. has been taken
off calendar at counsel's request. (rab) (Entered:
03/10/2008)
03/10/2008 19 Ex Parte MOTION Leave of
Court for Defendant Board Members by Sweetwater
Union High School District, Arlie N Ricasa, Pearl
Quinones, Jim Cartmill, Jaime Mercado, Greg R
Sandoval, Jesus M Gandara, Earl Weins, Russell
Moore. (Shinoff, Daniel) Modified on 3/11/2008 to
add ex parte text (mjj, ) Modified on 11/18/2008 to
term motion(smv). (Entered: 03/10/2008)
03/10/2008 21 NOTICE by Arianna
Hernandez, Veronica Ollier, Naudia Rangel, Maritza
Rangel, Amanda Hernandez -- Notice of Filing
Letter Brief In Support of Plaintiffs' Motion to Compel
Further Responses to Interrogatories (Attachments:
# 1 Table of Contents of Exhibits to Letter Brief# 2
Exhibit 1 to Letter Brief# 3 Exhibit 2 to Letter Brief# 4
Exhibit 3 to Letter Brief# 5 Exhibit 4 to Letter Brief# 6
Declaration of Elizabeth Kristen# 7 Exhibit A to
Declaration of Elizabeth Kristen# 8 Exhibit B to
Declaration of Elizabeth Kristen# 9 Exhibit C to
Declaration of Elizabeth Kristen# 10 Exhibit D to
Declaration of Elizabeth Kristen# 11 Exhibit E to
Declaration of Elizabeth Kristen# 12 Exhibit F to
Declaration of Elizabeth Kristen# 13 Exhibit G to
Declaration of Elizabeth Kristen# 14 Exhibit H to
Declaration of Elizabeth Kristen# 15 Exhibit I to
Declaration of Elizabeth Kristen# 16 Proof of
Service)(Witkow, Erin) (mjj, ) (Entered: 03/10/2008)
03/17/2008 22 Document Stricken from the
Record pursuant to 40 Order - MOTION to Certify
Class by Veronica Ollier. (Kristen, Elizabeth)
Modified on 3/18/2008 - sent DO to chambers re
docs 22-39 re event, signature and attachments
(mjj, ) Attachment(s) added on 3/18/2008 (mjj, ).
Modified on 3/18/2008 to add striking text (mjj, )
(Entered: 03/17/2008)
03/17/2008 23 Document Stricken from the
Record pursuant to 40 Order - Memorandum of
Points and Authorities in Support of 22 - filed as:
MOTION to Certify Class Memorandum of Pts &
Auth ISO P's Motion for Class Cert by Veronica
Ollier. (Kristen, Elizabeth) Modified on 3/18/2008 to
clarify text (mjj, ) Attachment(s) added on 3/18/2008
(mjj, ). Modified on 3/18/2008 to add striking text
(mjj, ) (Entered: 03/17/2008)
03/17/2008 24 Document Stricken from the
Record pursuant to 40 Order - AFFIDAVIT re 23
MOTION to Certify Class Memorandum of Pts &
Auth ISO P's Motion for Class Cert by Plaintiff
Veronica Ollier. (Attachments: # Exhibit A-B# Exhibit
C# Exhibit D-E# Exhibit F-H# Exhibit I-P)(Kristen,
Elizabeth) (mjj, ) Attachment(s) added on 3/18/2008
(mjj, ). Modified on 3/18/2008 to add striking text
(mjj, ) (Entered: 03/17/2008)
03/17/2008 25 Document Stricken from the
Record pursuant to 40 Order - AFFIDAVIT re 23
MOTION to Certify Class Memorandum of Pts &
Auth ISO P's Motion for Class Cert Patricia A. Shiu
Dec by Plaintiff Veronica Ollier. (Kristen, Elizabeth)
(mjj, ) Attachment(s) added on 3/18/2008 (mjj, ).
Modified on 3/18/2008 to add striking text (mjj, )
(Entered: 03/17/2008)
03/17/2008 26 Document Stricken from the
Record pursuant to 40 Order - AFFIDAVIT re 23
MOTION to Certify Class Memorandum of Pts &
Auth ISO P's Motion for Class Cert Vicky L. Barker
Dec by Plaintiff Veronica Ollier. (Kristen, Elizabeth)
(mjj, ) Attachment(s) added on 3/18/2008 (mjj, ).
Modified on 3/18/2008 to add striking text (mjj, )
(Entered: 03/17/2008)
03/17/2008 27 Document Stricken from the
Record pursuant to 40 Order - AFFIDAVIT re 23
MOTION to Certify Class Memorandum of Pts &
Auth ISO P's Motion for Class Cert Cacilia Kim Dec
by Plaintiff Veronica Ollier. (Kristen, Elizabeth) (mjj, )
Attachment(s) added on 3/18/2008 (mjj, ). Modified
on 3/18/2008 to add striking text (mjj, ) (Entered:
03/17/2008)
03/17/2008 28 Document Stricken from the
Record pursuant to 40 Order - AFFIDAVIT re 23
MOTION to Certify Class Memorandum of Pts &
Auth ISO P's Motion for Class Cert Matthew P.
Kanny Dec by Plaintiff Veronica Ollier. (Kristen,
Elizabeth) (mjj, ) Attachment(s) added on 3/18/2008
(mjj, ). Modified on 3/18/2008 to add striking text
(mjj, ) (Entered: 03/17/2008)
03/17/2008 29 Document Stricken from the
Record pursuant to 40 Order - AFFIDAVIT re 23
MOTION to Certify Class Memorandum of Pts &
Auth ISO P's Motion for Class Cert Erin C. Witkow
Dec by Plaintiff Veronica Ollier. (Kristen, Elizabeth)
(mjj, ) Attachment(s) added on 3/18/2008 (mjj, ).
Modified on 3/18/2008 to add striking text (mjj, )
(Entered: 03/17/2008)
03/17/2008 30 Document Stricken from the
Record pursuant to 40 Order - AFFIDAVIT re 23
MOTION to Certify Class Memorandum of Pts &
Auth ISO P's Motion for Class Cert Veronica Ollier
Dec by Plaintiff Veronica Ollier. (Kristen, Elizabeth)
(mjj, ) Attachment(s) added on 3/18/2008 (mjj, ).
Modified on 3/18/2008 to add striking text (mjj, )
(Entered: 03/17/2008)
03/17/2008 31 Document Stricken from the
Record pursuant to 40 Order - AFFIDAVIT re 23
MOTION to Certify Class Memorandum of Pts &
Auth ISO P's Motion for Class Cert Victoria Ollier
Dec by Plaintiff Veronica Ollier. (Kristen, Elizabeth)
(mjj, ) Attachment(s) added on 3/18/2008 (mjj, ).
Modified on 3/18/2008 to add striking text (mjj, )
(Entered: 03/17/2008)
03/17/2008 32 Document Stricken from the
Record pursuant to 40 Order - AFFIDAVIT re 23
MOTION to Certify Class Memorandum of Pts &
Auth ISO P's Motion for Class Cert Naudia Rangel
Dec by Plaintiff Veronica Ollier. (Kristen, Elizabeth)
(mjj, ) Attachment(s) added on 3/18/2008 (mjj, ).
Modified on 3/18/2008 to add striking text (mjj, )
(Entered: 03/17/2008)
03/17/2008 33 Document Stricken from the
Record pursuant to 40 Order - AFFIDAVIT re 23
MOTION to Certify Class Memorandum of Pts &
Auth ISO P's Motion for Class Cert Maritza Rangel
Dec by Plaintiff Veronica Ollier. (Kristen, Elizabeth)
(mjj, ) Attachment(s) added on 3/18/2008 (mjj, ).
Modified on 3/18/2008 to add striking text (mjj, )
(Entered: 03/17/2008)
03/17/2008 34 Document Stricken from the
Record pursuant to 40 Order - AFFIDAVIT re 23
MOTION to Certify Class Memorandum of Pts &
Auth ISO P's Motion for Class Cert Armondo
Hernandez Dec by Plaintiff Veronica Ollier. (Kristen,
Elizabeth) (mjj, ) Attachment(s) added on 3/18/2008
(mjj, ). Modified on 3/18/2008 to add striking text
(mjj, ) (Entered: 03/17/2008)
03/17/2008 35 Document Stricken from the
Record pursuant to 40 Order - AFFIDAVIT re 23
MOTION to Certify Class Memorandum of Pts &
Auth ISO P's Motion for Class Cert Amanda
Hernandez Dec by Plaintiff Veronica Ollier. (Kristen,
Elizabeth) (mjj, ) Attachment(s) added on 3/18/2008
(mjj, ). Modified on 3/18/2008 to add striking text
(mjj, ) (Entered: 03/17/2008)
03/17/2008 36 Document Stricken from the
Record pursuant to 40 Order - AFFIDAVIT re 23
MOTION to Certify Class Memorandum of Pts &
Auth ISO P's Motion for Class Cert Arianna
Hernandez Dec by Plaintiff Veronica Ollier. (Kristen,
Elizabeth) (mjj, ) Attachment(s) added on 3/18/2008
(mjj, ). Modified on 3/18/2008 to add striking text
(mjj, ) (Entered: 03/17/2008)
03/17/2008 37 Document Stricken from the
Record pursuant to 40 Order - AFFIDAVIT re 23
MOTION to Certify Class Memorandum of Pts &
Auth ISO P's Motion for Class Cert Douglas
Christopher Martinez Dec by Plaintiff Veronica Ollier.
(Kristen, Elizabeth) (mjj, ) Attachment(s) added on
3/18/2008 (mjj, ). Modified on 3/18/2008 to add
striking text (mjj, ) (Entered: 03/17/2008)
03/17/2008 38 Document Stricken from the
Record pursuant to 40 Order - Notice of Lodgment -
filed as: AFFIDAVIT re 23 MOTION to Certify Class
Memorandum of Pts & Auth ISO P's Motion for
Class Cert EK Dec re Separate Exhibit Filing by
Plaintiff Veronica Ollier. (Kristen, Elizabeth) Modified
on 3/18/2008 to clarify text (mjj) Modified text on
3/18/2008 (jcj). Attachment(s) added on 3/18/2008
(mjj, ). Modified on 3/18/2008 to add striking text
(mjj, ) (Entered: 03/17/2008)
03/17/2008 39 Document Stricken from the
Record pursuant to 40 Order - CERTIFICATE OF
SERVICE by Veronica Ollier re 22 MOTION to Certify
Class (Kristen, Elizabeth) (mjj, ) Attachment(s)
added on 3/18/2008 (mjj, ). Modified on 3/18/2008
to add striking text (mjj, ) (Entered: 03/17/2008)
03/18/2008 40 Discrepancy Order by Judge
M. James Lorenz rejecting document: Docket #'s 22
through 39 - Motion to Certify Class and supporting
documents from Plaintiffs Arianna Hernandez,
Veronica Ollier, Naudia Rangel, Maritza Rangel,
Amanda Hernandez, non-compliance with local rule
ECF 2(a), (g) - Docket entry does not accurately
reflect the document(s) filed; ECF 2(f) - Lacking
proper signature; ECF 2(g)(2) - All supporting
documents are to be filed as attachment to the
motion, not as separate filings. The document is
rejected. It is ordered that the Clerk STRIKE the
document from the record. Signed by Judge M.
James Lorenz on 3/18/2008. (mjj) (Entered:
03/18/2008)
03/18/2008 41 MOTION to Certify Class by
Veronica Ollier. (Attachments: # 1 Memo of Points
and Authorities # 2 Affidavit Elizabeth Kristen
Declaration# 3 Exhibit A-B# 4 Exhibit C# 5 Exhibit
D-E# 6 Exhibit F-H# 7 Exhibit I-P# 8 Affidavit Patricia
Shiu Dec# 9 Affidavit Vicky Barker Dec# 10 Affidavit
Cacilia Kim Dec# 11 Affidavit Matthew Kanny Dec#
12 Affidavit Erin Witkow Dec# 13 Affidavit Veronica
Ollier Dec# 14 Affidavit Victoria Ollier Dec# 15
Affidavit Naudia Rangel# 16 Affidavit Maritza Rangel
Dec# 17 Affidavit Armondo Hernandez Dec# 18
Affidavit Amanda Hernandez Dec# 19 Affidavit
Arianna Hernandez Dec# 20 Affidavit Douglas C.
Martinez Dec# 21 Declaration Separate Exhibit
Filing# 22 Proof of Service)(Kristen, Elizabeth)
Modified on 3/19/2008 - email sent instructing to file
a signed amended proof (mjj, ) (Entered:
03/18/2008)
03/19/2008 42 CERTIFICATE OF SERVICE
by Veronica Ollier re 41 MOTION to Certify Class
Amended Certificate of Service (Kristen, Elizabeth)
(mjj, ) (Entered: 03/19/2008)
03/21/2008 43 CERTIFICATE OF SERVICE
by Veronica Ollier re 41 MOTION to Certify Class
Second Amended POS (Kristen, Elizabeth) (mjj, )
(Entered: 03/21/2008)
03/24/2008 44 NOTICE - Letter Brief by
Sweetwater Union High School District, Arlie N
Ricasa, Pearl Quinones, Jim Cartmill, Jaime
Mercado, Greg R Sandoval, Jesus M Gandara, Earl
Weins, Russell Moore re 21 Notice (Other), Notice
(Other), Notice (Other), Notice (Other) Opposition to
Motion to Compel (Attachments: # 1 Exhibit 1-10# 2
Exhibit 11-16# 3 Exhibit 17# 4 Exhibit 18-19# 5
Exhibit 20# 6 Exhibit 21-24# 7 Declaration Gil Abed#
8 Proof of Service)(Abed, Gil) Modified on 3/25/2008
to clarify text (mjj, ) (Entered: 03/24/2008)
03/28/2008 45 REPLY re 44 Notice- Letter
Brief filed by Veronica Ollier. (Attachments: # 1 Proof
of Service)(Kristen, Elizabeth) Modified on 4/1/2008
edit text(joeh, ). (Entered: 03/28/2008)
03/28/2008 46 RESPONSE in Opposition
re 41 MOTION to Certify Class filed by Sweetwater
Union High School District, Arlie N Ricasa, Pearl
Quinones, Jim Cartmill, Jaime Mercado, Greg R
Sandoval, Jesus M Gandara, Earl Weins, Russell
Moore. (Attachments: # 1 Proof of Service)(Shinoff,
Daniel). (jah). (Entered: 03/28/2008)
04/02/2008 52 Minute Entry for proceedings
held before Judge William McCurine Jr.: Settlement
Conference held on 4/2/2008. No settlement. Order
Issued.(Plaintiff Attorney Elizabeth Kristen; Erin
Witkow; Cecelia Kim).(Defendant Attorney Daniel
Shinoff; Patrice Coady; Vicky Barley). (rfm) (Entered:
04/10/2008)
04/07/2008 47 REPLY re 41 MOTION to
Certify Class filed by Veronica Ollier. (Attachments:
# 1 Declaration Elizabeth Kristen, Exhibits A-L# 2
Declaration Mary Broughton# 3 Proof of
Service)(Kristen, Elizabeth) (mjj, ) (Entered:
04/07/2008)
04/07/2008 48 NOTICE of Expert Witness
Designation - filed as: Witness List by Arianna
Hernandez, Veronica Ollier, Naudia Rangel, Maritza
Rangel, Amanda Hernandez. (Witkow, Erin) (mjj, )
Modified on 4/8/2008 to clarify text per attorneys
request (mjj, ) (Entered: 04/07/2008)
04/08/2008 49 ORDER re Oral Argument:
Plaintiffs' 41 MOTION to Certify Class is set for
hearing on 4/14/2008. The Court finds this matter
suitable for determination on the papers submitted
and without oral argument. No appearances are
required. Signed by Judge M. James Lorenz on
4/8/2008. (mjj) (Entered: 04/08/2008)
04/08/2008 50 ORDER Following
Settlement Conference: A settlement conference
was held on 4/2/08. No settlement was reached.
The Court sets three telephonic Status
Conferences: for 4/21/2008 09:00 AM, 5/7/08 9:30
AM, and 5/21/08 9:15 AM before Magistrate Judge
William McCurine Jr. Counsel for defendant is
instructed to initiate the call for each telephonic
status conference. Signed by Magistrate Judge
William McCurine Jr. on 4/8/2008. (mjj) (Entered:
04/09/2008)
04/09/2008 51 NOTICE of
Hearing:Telephonic Status Conference set for
4/10/2008 04:30 PM in Courtroom C before
Magistrate Judge William McCurine Jr.. (rab)
(Entered: 04/09/2008)
04/21/2008 53 MOTION to Compel by
Veronica Ollier. (Attachments: # 1 Declaration
Elizabeth Kristen, # 2 Exhibit A-G, # 3 Exhibit H-N, #
4 Exhibit O-V)(Kristen, Elizabeth) Modified on
4/22/2008 - sent DO to chambers re time, p's & a's,
table of content (mjj) (Entered: 04/21/2008)
04/21/2008 54 ORDER Following
Telephonic Status Conference: A telephonic status
conference was held on 4/21/08. The next
telephonic status regarding this issue is scheduled
for 5/7/08 at 9:30 a.m. Signed by Magistrate Judge
William McCurine, Jr on 4/21/2008. (mjj) (Entered:
04/21/2008)
04/30/2008 55 Joint MOTION for Extension
of Time to Complete Discovery (Expert Discovery) by
Arianna Hernandez, Veronica Ollier, Naudia Rangel,
Maritza Rangel, Amanda Hernandez. (Witkow, Erin)
(mjj) Modified on 11/18/2008 to term motion (smv).
(Entered: 04/30/2008)
05/01/2008 56 RESPONSE in Opposition
re 53 MOTION to Compel Further Document
Production filed by Sweetwater Union High School
District, Arlie N Ricasa, Pearl Quinones, Jim
Cartmill, Jaime Mercado, Greg R Sandoval, Jesus
M Gandara, Earl Weins, Russell Moore.
(Attachments: # 1 Declaration Gary Gauger in
Support of Opposition, # 2 Declaration Patrice
Coady in Support of Opposition, # 3 Proof of
Service)(Shinoff, Daniel) (mjj) (Entered: 05/01/2008)
05/07/2008 59 Minute Entry for proceedings
held before Magistrate Judge William McCurine,
Jr:Telephonic Status Conference held on
5/7/2008.(Tape #n/a).(Plaintiff Attorney Elizabeth
Kristen).(Defendant Attorney Dan Shinhoff).(rab)
(Entered: 05/14/2008)
05/12/2008 57 REPLY re 56 Response in
Opposition to Motion, filed by Veronica Ollier.
(Attachments: # 1 Declaration of Cacilia Kim, # 2
Exhibit A-D, # 3 Proof of Service)(Kristen, Elizabeth).
Modified on 5/13/2008 - Filed in Letter format. Not
proper format and not properly captioned in
accordance w/ L.R. 5.1.j.1. Email sent to Atty (jah).
(Entered: 05/12/2008)
05/12/2008 58 ORDER Following
Telephonic Status Conference. A telephonic status
conference was held on May 7, 2008. The next
telephonic status regarding this issue is scheduled
for May 21, 2008, at 9:15 AM. Signed by Magistrate
Judge William McCurine, Jr on 5/12/08. (aje)
(Entered: 05/13/2008)
05/21/2008 60 ORDER Following
Telephonic Status Conference: A telephonic status
conference was held on May 21, 2008. Counsel for
defendants advised the Court of its further findings
regarding construction cost issues. This was the
third and last scheduled telephonic status
regarding this issue. Signed by Magistrate Judge
William McCurine, Jr on 5/21/2008. (mjj) (Entered:
05/21/2008)
05/21/2008 61 Minute Entry for proceedings
held before Magistrate Judge William McCurine,
Jr:Telephonic Status Conference held on
5/21/2008. Court to issue order.(Tape #n/a).(Plaintiff
Attorney Elizabeth Kristen).(Defendant Attorney Dan
Shinhoff).(rab) (Entered: 05/23/2008)
05/27/2008 62 ORDER to Continue Expert
Discovery Deadlines: Expert disclosures shall be
served on all parties on or before September 8,
2008; Any contradictory or rebuttal information shall
be disclosed on or before September 29, 2008; and
Depositions of expert witnesses shall be
completed by all parties on or beforeOctober 31,
2008. Signed by Magistrate Judge William
McCurine, Jr on 5/27/2008. (mjj) (Entered:
05/27/2008)
05/28/2008 64 Minute Entry for proceedings
held before Magistrate Judge William McCurine, Jr:
Telephonic Discovering Hearing set for 5/28/08 at
4:00 p.m. before Magistrate Judge McCurine, Jr. -
not held.(Tape #n/a).(rab) (Entered: 06/09/2008)
06/05/2008 63 MOTION for Protective Order
Stipulated by Veronica Ollier. (Kristen, Elizabeth)
Modified on 6/10/2008 - attorney instructed to refile.
Missing signature and contains proposed
order.(mjj) (Entered: 06/05/2008)
06/12/2008 65 Joint MOTION for Protective
Order Stipulated by Veronica Ollier. (Kristen,
Elizabeth) Modified on 6/13/2008 - sent DO to
chambers re event, signature and proposed order
(mjj) (Entered: 06/12/2008)
07/23/2008 67 Minute Entry for proceedings
held before Magistrate Judge William McCurine, Jr:
Status Conference set for 7/23/08 at 9:00 a.m. is off
calendar. The court will reset the hearing.(Tape
#n/a).(Plaintiff Attorney n/a).(Defendant Attorney
n/a).(rab) (Entered: 07/29/2008)
07/28/2008 66 MOTION for Summary
Adjudication by Veronica Ollier. (Attachments: # 1
Memo of Points and Authorities, # 2 Declaration
Elizabeth Kristen, # 3 Exhibit A-D, # 4 Exhibit E-G, #
5 Exhibit H-L, # 6 Proof of Service)(Kristen,
Elizabeth) Modified on 7/29/2008 - sent email re
exhibits (mjj) (Entered: 07/28/2008)
08/05/2008 68 Joint MOTION to Continue
Summary Judgment Deadlines by Sweetwater
Union High School District. (Shinoff, Daniel) (mjj)
(Entered: 08/05/2008)
08/08/2008 69 ORDER Granting 68 Joint
Motion to Continue Briefing Schedule and Hearing
Date: Defendants' opposition due 9/17/08. Plaintiffs'
reply memorandum due 9/29/08. Plaintiffs' motion
for partial summary judgment is continued until
10/6/08 at 10:30. Signed by Judge M. James Lorenz
on 8/8/2008. (mjj) (Entered: 08/08/2008)
08/08/2008 70 ORDER Following
Telephonic Status Conference: On 8/5/08 a
telephonic hearing regarding discovery was held. A
Settlement Conference is set for 9/8/2008 02:00 PM
before Magistrate Judge William McCurine Jr. A
furhter telephonic Status Conference is set for
8/12/2008 04:30 PM before Magistrate Judge
William McCurine Jr. Signed by Magistrate Judge
William McCurine, Jr on 8/8/2008. (mjj) (Entered:
08/08/2008)
08/12/2008 72 Minute Entry for proceedings
held before Magistrate Judge William McCurine,
Jr:Telephonic Status Conference held on
8/12/2008(Tape #n/a).(Plaintiff Attorney Elizabeth
Kristen).(Defendant Attorney Patricia Coady).(rab)
(Entered: 09/05/2008)
08/25/2008 71 ORDER Granting Motion For
Class Certification (Re Doc. 41 ). Signed by Judge
M. James Lorenz on 8/25/2008. (mdc) (Entered:
08/25/2008)
09/08/2008 73 Amended Case
Management ORDER Regulating Discovery and
Other Pretrial Proceedings: Final Pretrial
Conference set for 1/26/2009 11:00 AM before
Judge M. James Lorenz. Proposed Pretrial Order
due by 1/20/2009. Signed by Magistrate Judge
William McCurine, Jr on 9/8/2008. (mjj) (Entered:
09/08/2008)
09/09/2008 74 ORDER Confirming
Settlement Conference: Pursuant to the last
telephonic status conference the Court has
scheduled a full day settlement conference for
September 10, 2008, at 9:30 a.m. Signed by
Magistrate Judge William McCurine, Jr on 9/9/2008.
(mjj) (Entered: 09/09/2008)
09/10/2008 76 Minute Entry for proceedings
held before Magistrate Judge William McCurine,
Jr:Settlement Conference held on 9/10/2008(Tape
#n/a).(Plaintiff Attorney Elizabeth
Kristen).(Defendant Attorney Dan Shinhoff, Patrice
Coady).(rab) (Entered: 09/26/2008)
09/17/2008 75 RESPONSE in Opposition
re 66 MOTION for Summary Adjudication filed by
Sweetwater Union High School District, Arlie N
Ricasa, Pearl Quinones, Jim Cartmill, Jaime
Mercado, Greg R Sandoval, Jesus M Gandara, Earl
Weins, Russell Moore. (Attachments: # 1
Declaration Paul Van Nostrand, # 2 Declaration
Russell Moore, # 3 Declaration Patrice Coady, # 4
Exhibit List, # 5 Exhibit A-J, # 6 Notice Objections to
Evidence, # 7 Proof of Service)(Shinoff, Daniel) (mjj)
(Entered: 09/17/2008)
09/29/2008 77 ORDER re: Oral Argument:
Plaintiffs' 66 MOTION for Summary Adjudication is
set for hearing on 10/6/08. The Court finds this
matter suitable for determination on the papers
submitted and without oral argument. No
appearances are required. Signed by Judge M.
James Lorenz on 9/29/2008. (mjj) (Entered:
09/29/2008)
09/29/2008 78 REPLY re 75 Response in
Opposition to Motion, 66 MOTION for Summary
Adjudication filed by Veronica Ollier. (Attachments: #
1 Reply Declaration of Elizabeth Kristen and
Exhibits A-R, # 2 Plaintiffs' Response to Defendants
Objections, # 3 Plaintiffs' Objections to Declaration
of Russell Moore, # 4 Proof of Service)(Kristen,
Elizabeth) Modified on 9/30/2008 to clarify text (mjj)
(Entered: 09/29/2008)
10/09/2008 79 Stipulated PROTECTIVE
ORDER. Signed by Magistrate Judge William
McCurine, Jr on 10/09/08. (jpp) (Entered:
10/10/2008)
11/10/2008 80 ORDER Re: Courtesy
Copies: Plaintiffs filed a motion for partial summary
judgment. In response to plaintiffs motion,
defendants filed their opposition consisting of 98
pages 75 . Although plaintiffs have provided the
Court with courtesy copies of their filings,
defendants have not. Defendants are directed to
provide the Court with a courtesy copy of their
complete filing in opposition to plaintiffs motion not
later than noon on November 12, 2008. Failure to
provide a courtesy copy within the time provided
shall result in the filing being stricken from the
record. Signed by Judge M. James Lorenz on
11/10/2008. (mjj) (Entered: 11/10/2008)
11/24/2008 81 MOTION for Discovery by
Veronica Ollier. (Attachments: # 1 Declaration
Declaration of Elizabeth Kristen, # 2 Exhibit Exhibits
A-B, # 3 Exhibit Exhibit C (part 1), # 4 Exhibit Exhibit
C (part 2), # 5 Exhibit Exhibit C (part 3), # 6 Exhibit
Exhibits D-H, # 7 Proof of Service)(Kristen,
Elizabeth) Modified on 11/25/2008 - sent email re
points and authorities and motion format (mjj)
(Entered: 11/24/2008)
11/26/2008 82 Response to Defendants'
November 24, 2008 Brief - filed as: MOTION for
Discovery by Veronica Ollier. (Attachments: # 1
Declaration Reply Declaration of Elizabeth Kristen,
# 2 Exhibit Exhibits A-C, # 3 Exhibit Exhibit D, # 4
Exhibit Exhibits E-F, # 5 Proof of Service Proof of
Service)(Kristen, Elizabeth) Modified on 12/2/2008 -
sent email re correct event (mjj) (Entered:
11/26/2008)
01/05/2009 83 ORDER Vacating Pretrial
Conference Date: On the Court's own motion, the
pretrial conference set for 1/26/09 at 11:00 AM is
Vacated. Dates for the filing of a proposed pretrial
order and pretrial conference will be set after
disposition of the summary adjudication motion.
Signed by Judge M. James Lorenz on 1/5/2009.
(leh) (Entered: 01/05/2009)
01/05/2009 84 PRETRIAL Disclosure by
Sweetwater Union High School District, Arlie N
Ricasa, Pearl Quinones, Jim Cartmill, Jaime
Mercado, Greg R Sandoval, Jesus M Gandara, Earl
Weins, Russell Moore. (Abed, Gil) Modified on
1/6/2009 to clarify text (mjj) (Entered: 01/05/2009)
01/07/2009 85 ORDER: Pursuant to the
vacating of the pretrial conference date, pending
Judge Lorenz's ruling on Plaintiff's motion for
summary judgment, the Court shall stay all pending
dates relating to the preparation for the pretrial
conference. Discovery will continue toward
completion and will continue to be monitored by
Magistrate Judge McCurine. Counsel for Plaintiff is
instructed to contact chambers within three days of
Judge Lorenzs ruling on the pending motion for
summary judgment. Signed by Magistrate Judge
William McCurine, Jr on 1/7/2009. (mjj) (Entered:
01/07/2009)
01/07/2009 86 Minute Entry for proceedings
held before Magistrate Judge William McCurine,
Jr:Telephonic Status Conference held on
1/7/2009.(Tape #n/a).(Plaintiff Attorney Elizabeth
Kristen).(Defendant Attorney Dan Shinoff, Paul
Corelli).(rab) (Entered: 01/12/2009)
Education Reform Report
| BLOGS |
| Ollier et al v. Sweetwater Union High School District et al |
| Level the playing field? Girl athletes sue, claiming boys have more of a sporting chance San Diego Union-Tribune Chris Moran April 20, 2007 Girl softball players at Castle Park High School in Chula Vista filed a lawsuit yesterday alleging that they have worse facilities and fewer chances to play than boy athletes and that their coach was fired when they complained about it. A Sweetwater Union High School District spokeswoman said the district had not yet been served with the lawsuit and had no comment. The suit asks Sweetwater to upgrade girls' fields and offer more female teams so girls have a better chance to play competitive sports. The two lead plaintiffs, Veronica Ollier, 18, and Naudia Rangel, 17, are scheduled to graduate in June but said they filed suit for future athletes, including Rangel's sister, who also is a named plaintiff. “We want (younger athletes) to have better opportunities and facilities so they can excel in the sport and have the opportunities we never had,” Rangel said. The parents and players first approached Castle Park's athletic director last spring to complain, the suit states. The director responded by saying that the coach could be fired at any time and for any reason, and the coach was in fact fired last summer, according to the suit. Attorneys for the California Women's Law Center in Los Angeles and The Legal Aid Society Employment Law Center in San Francisco filed the suit on behalf of the girls. The 24-page complaint filed in federal court in San Diego asks the school to fix violations of Title IX, the 35-year-old federal law prohibiting discrimination on the basis of gender in the field of education. The girls softball team has “inadequate, and at times dangerous, practice and competitive facilities,” according to the suit. Because the school does not adequately maintain the girls' fields, the athletes have been forced to pick up animal feces and even used condoms to keep the area clean, the suit states. Among the other allegations of inequality: **Physical education classes play on the girls' softball field but not on the boys' baseball field; **The softball bleachers are scant and shabby compared with those for the baseball field; **The boys have two batting cages. The girls had one they raised the money for themselves, but students have climbed on and ruined it; **The boys' field is enclosed by security fencing. The girls' field is not, and non-athletes walk on the field during practice and games. **Parents have been barred from assisting with softball coaching and from running a snack stand during games. The prohibitions do not apply to boys' teams. Sweetwater spokeswoman Lillian Leopold did not address Castle Park specifically, but said coaches for all teams, male or female, must undergo training and background checks. The district is in the midst of $45,000 worth of improvements to the Castle Park softball field. The district plans to install new irrigation and grass. The girls said the district has already provided new infield dirt and dugout roofs. However, Ollier and Rangel said, the roofs are too small to shield them from the late afternoon sun and the dirt is not clay as on the boys' field, but granular soil that hurts when they slide. “If they're going to add a little bit of dirt to quiet us up, they could at least use good dirt,” Rangel said. |
| Castle Park High School |
| Judge rules school shows bias in sports By Brent Schrotenboer San Diego Union-Tribune April 2, 2009 A federal judge has ruled that Castle Park High School has allowed “significant gender-based disparity” in sports at the expense of female athletes. In a summary judgment this week, U.S. District Court Judge M. James Lorenz ruled that Castle Park is not in compliance with Title IX, the 37-year- old federal law that forbids sex discrimination in any education program or activity receiving federal funds... The remaining claims will go forward in court, including one that the district retaliated against the plaintiffs by firing their coach after they complained of discrimination. The plaintiffs showed that while female enrollment at Castle Park was 45 percent to 50 percent since 1998, female participation in athletics was 33 percent to 41 percent during those years... Over the past 11 years in the county, the Ramona school district, Mesa College and the Grossmont Union High School District have faced similar legal complaints involving Title IX and subpar softball facilities. |
| Shame on San Diego County Office of Education-Joint Powers Authority and its member school districts for helping schools to ignore the law and, even worse, to engage in retaliation against those who complain about violations of law. Instead of wasting tax dollars in endless litigation, SDCOE lawyer Daniel Shinoff should have settled this case and many other cases. Even worse is Shinoff's systematic removal of good school employees by helping the school district retaliate against those who complained. The Castle Park High case in Sweetwater Union High School District (see story below) is all too familiar. |
| Lawsuit re Gender Equality |
| Sweetwater Union High School District |