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.
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
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
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 CoadyGil 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?
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.
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
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
See also Castle Park High School: Judge rules against Daniel Shinoff
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CVE
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& Holtz
Silence is Golden
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