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 Regarding 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
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 below.)
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
See also Castle Park High School: Judge rules against Daniel Shinoff
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