U.S. District Court
Southern District of California (San Diego)
CIVIL DOCKET FOR CASE #:
3:07-cv-00714-L-WMC
Assigned to: Judge M. James Lorenz
Referred to: Magistrate Judge William
McCurine, Jr
Cause: 42:1983 Civil Rights Act
Date Filed: 04/19/2007
Jury Demand: None
Nature of Suit: 440 Civil Rights: Other
Jurisdiction: Federal Question
Plaintiff
Veronica Ollier
Individually and on behalf of all those similarly
situated
represented by
Elizabeth Kristen
Legal Aid Soc-Emp Law Ctr
600 Harrison Street
Suite 120
San Francisco , CA 94107
(415)864-8848
Fax: (415)864-8199
Email: ekristen@las-elc.org
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Erin Cranman Witkow
Manatt Phelps and Phillips
11355 West Olympic Boulevard
Los Angeles , CA 90064
(310)312-4176
Fax: (310) 312-4224
Email: ewitkow@manatt.com
ATTORNEY TO BE NOTICED
Plaintiff
Naudia Rangel
by her next friends Steve and Carmen Rangel,
Individually and on behalf of all those similarly
situated represented by Elizabeth
Kristen
man Witkow
Plaintiff
Maritza Rangel
by her next friends Steve and Carmen Rangel,
Individually and on behalf of all those similarly
situated
represented by
Elizabeth Kristen
Erin Cranman Witkow
Plaintiff
Arianna Hernandez
by her next friend Armando Hernandez,
Individually and on behalf of all those similarly
situated
represented by
Elizabeth Kristen
Erin Cranman Witkow
V.
Defendant
Sweetwater Union High School
District
represented by
Daniel R Shinoff
Stutz Artiano Shinoff and Holtz
Gil Abed
Stutz Artiano Shinoff and Holtz
Patricia Michelle Coady
Stutz Artiano Shinoff and Holtz
Defendant Pearl Quinones
in their official capacities
represented by Daniel R Shinoff, Gil Abed, Patricia
Michelle Coady
Defendant Jim Cartmill
Defendant Jaime Mercado
Defendant Jesus M Gandara
Defendant Earl Weins
Defendant Russell Moore
Date Filed # Docket Text
04/19/2007 1 COMPLAINT, class action, for
Injunctive and Declaratory Releif against all
defendants (Filing fee paid $350.00,
Receipt#137313), filed by plaintiffs Arianna
Hernandez, Veronica Ollier, Naudia Rangel, Maritza
Rangel, and Amanda Hernandez.(lao, )(bar, ).
(Entered: 04/20/2007)
04/24/2007 2 Summons Issued as to
Sweetwater Union High School District, Arlie N
Ricasa, Pearl Quinones, Jim Cartmill, Jaime
Mercado, Greg R Sandoval, Jesus M Gandara, Earl
Weins, Russell Moore. (mjj, ) (mam). (Entered:
04/24/2007)
05/23/2007 3 WAIVER OF SERVICE
Returned Executed by Arianna Hernandez, Veronica
Ollier, Naudia Rangel, Maritza Rangel, Amanda
Hernandez. Sweetwater Union High School District
waiver sent on 5/2/2007, answer due 7/2/2007; Arlie
N Ricasa waiver sent on 5/2/2007, answer due
7/2/2007; Pearl Quinones waiver sent on 5/2/2007,
answer due 7/2/2007; Jim Cartmill waiver sent on
5/2/2007, answer due 7/2/2007; Jaime Mercado
waiver sent on 5/2/2007, answer due 7/2/2007;
Greg R Sandoval waiver sent on 5/2/2007, answer
due 7/2/2007; Jesus M Gandara waiver sent on
5/2/2007, answer due 7/2/2007; Earl Weins waiver
sent on 5/2/2007, answer due 7/2/2007; Russell
Moore waiver sent on 5/2/2007, answer due
7/2/2007. (Kristen, Elizabeth) (Entered: 05/23/2007)
06/29/2007 4 ANSWER to Complaint by
Sweetwater Union High School District, Arlie N
Ricasa, Pearl Quinones, Jim Cartmill, Jaime
Mercado, Greg R Sandoval, Jesus M Gandara, Earl
Weins, Russell Moore.(Abed, Gil) (Entered:
06/29/2007)
07/12/2007 5 NOTICE and ORDER setting
Early Neutral Evaluation set for 8/13/2007 02:00 PM
in Courtroom C before Magistrate Judge William
McCurine Jr.. Signed by Judge William McCurine Jr.
on 07/12/07. (jpp) (Entered: 07/12/2007)
07/19/2007 6 ORDER re 5 Early Neutral
Evaluation Conference: The Early Neutral
Evaluation conference scheduled for 8/13/07 at 2:00
pm shall be held telephonically. Signed by Judge
William McCurine Jr. on 7/19/2007. (mjj)(mam).
(Entered: 07/19/2007)
08/08/2007 7 ORDER re Telephonic Early
Neutral Evaluation Conference: On the Court's own
motion the Early Neutral Evaluation set for
8/13/2007 at 2:00 pm shall be held at 11:30 am
before Magistrate Judge William McCurine Jr.
Signed by Judge William McCurine Jr. on 8/8/2007.
(mjj)(bar ). (Entered: 08/08/2007)
08/13/2007 8 ORDER Telephonic Early
Neutral Evaluation Conference. The telephonic
Early Neutral Evaluation set for 8:13/07 at 11:30 is
continued to 8/17/2007 at 9:30 am before
Magistrate Judge William McCurine Jr. Signed by
Judge William McCurine Jr. on 8/13/2007. (mjj)(bar
). (Entered: 08/14/2007)
08/17/2007 9 ORDER Following Early
Neutral Evaluation Conference: On 8/17/07 the
Court convened a telephonic Early Neutral
Evaluation Conference. Settlement could not be
reached. Parties shall arrange a visit to location at
issue, complete Rule 26(f) conference and submit
joint inventory of facilities at issue by 9/17/07.
Lodgment of Joint discovery plan due 9/20/07. Initial
disclosure due 9/26/07. A telephonic status Case
Management Conference is set for 9/21/2007 09:30
AM before Magistrate Judge William McCurine Jr.
Signed by Judge William McCurine Jr. on
7/17/2007. (mjj) (mam). (Entered: 08/20/2007)
08/17/2007 10 Minute Entry for proceedings
held before Judge William McCurine Jr.: Telephonic
Early Neutral Evaluation Conference held on
8/17/2007(Tape #n/a).(Plaintiff Attorney Elizabeth
Kristen, Vicky Barker, Cecilia Kim).(Defendant
Attorney Dan Shinoff, Patrice Coady). (rab) (Entered:
08/20/2007)
09/12/2007 11 ORDER: Rule 26(b)
conference shall be completed before 10/19/07.
Joint inventory due 10/22/07. Lodgment of joint
discovery plan due 10/26/07. Initial disclosure per
Rule 26(a)(1)(A-D) shall occur before 10/29/07. The
telephonic Case Management Conference set for
9/21/2007 at 9:30 am is continued to 10/31/2007
09:00 AM before Magistrate Judge William
McCurine Jr. Signed by Judge William McCurine Jr.
on 9/12/2007. (mjj) (Entered: 09/12/2007)
09/13/2007 12 NOTICE of Appearance by
Patricia Michelle Coady on behalf of all defendants
(Coady, Patricia) (Entered: 09/13/2007)
09/13/2007 13 NOTICE of Appearance by
Daniel R Shinoff on behalf of all defendants
(Shinoff, Daniel) (Entered: 09/13/2007)
10/29/2007 14 ORDER. The Joint Inventory
currently due to the Court on 10/22/07, is now due to
the Court on 10/31/07. All other orders of the Court
remain in full force and effect unless otherwise
ordered by the Court. Signed by Judge William
McCurine Jr. on 10/29/07. (jcj) (Entered: 10/29/2007)
12/26/2007 15 Case Management
Conference ORDER Regulating Discovery and
Other Pretrial Proceedings: A Case Management
Conference was held on 10/31/07. Settlement
Conference set for 4/2/2008 09:15 AM in chambers
before Magistrate Judge William McCurine Jr.
Mandatory Settlement Conference set for 8/8/2008
09:15 AM in chambers before Magistrate Judge
William McCurine Jr. Final Pretrial Conference set
for 11/17/2008 11:00 AM in chambers before Judge
M. James Lorenz. Proposed Pretrial Order due by
11/10/2008. Signed by Judge William McCurine Jr.
on 12/26/2007. (mjj) (Entered: 12/26/2007)
02/22/2008 16 ORDER Status Conference
set for 2/26/2008 at 04:00 PM telephonically before
Magistrate Judge William McCurine Jr. Signed by
Judge William McCurine Jr. on 2/22/2008. (kmm)
(av1, ). (Entered: 02/22/2008)
02/22/2008 17 NOTICE of Appearance by
Erin Cranman Witkow on behalf of all plaintiffs
(Witkow, Erin) (mjj, ) (Entered: 02/22/2008)
02/27/2008 18 ORDER Following
Telephonic Status: On 2/26/08 a telephonic status
conference regarding discovery was held. Counsel
for defendant shall provide to plaintiff a letter
outlining the scope of the testimony of each
selected PMK deponent and the specific time
periods their testimony will cover by close of
business on 2/27/08. Letter briefs regarding the five
interrogatories in dispute shall be submitted as
follows: Plaintiff's brief due 3/10/08. Defendant's
response due 3/24/08. Plaintiff's reply due 3/28/08.
Signed by Judge William McCurine Jr. on
2/27/2008. (mjj) (Entered: 02/27/2008)
03/05/2008 20 MINUTE ORDER - Discovery
Hearing set for 3/5/08 at 9:00 a.m. has been taken
off calendar at counsel's request. (rab) (Entered:
03/10/2008)
03/10/2008 19 Ex Parte MOTION Leave of
Court for Defendant Board Members by Sweetwater
Union High School District, Arlie N Ricasa, Pearl
Quinones, Jim Cartmill, Jaime Mercado, Greg R
Sandoval, Jesus M Gandara, Earl Weins, Russell
Moore. (Shinoff, Daniel) Modified on 3/11/2008 to
add ex parte text (mjj, ) Modified on 11/18/2008 to
term motion(smv). (Entered: 03/10/2008)
03/10/2008 21 NOTICE by Arianna
Hernandez, Veronica Ollier, Naudia Rangel, Maritza
Rangel, Amanda Hernandez -- Notice of Filing
Letter Brief In Support of Plaintiffs' Motion to Compel
Further Responses to Interrogatories (Attachments:
# 1 Table of Contents of Exhibits to Letter Brief# 2
Exhibit 1 to Letter Brief# 3 Exhibit 2 to Letter Brief# 4
Exhibit 3 to Letter Brief# 5 Exhibit 4 to Letter Brief# 6
Declaration of Elizabeth Kristen# 7 Exhibit A to
Declaration of Elizabeth Kristen# 8 Exhibit B to
Declaration of Elizabeth Kristen# 9 Exhibit C to
Declaration of Elizabeth Kristen# 10 Exhibit D to
Declaration of Elizabeth Kristen# 11 Exhibit E to
Declaration of Elizabeth Kristen# 12 Exhibit F to
Declaration of Elizabeth Kristen# 13 Exhibit G to
Declaration of Elizabeth Kristen# 14 Exhibit H to
Declaration of Elizabeth Kristen# 15 Exhibit I to
Declaration of Elizabeth Kristen# 16 Proof of
Service)(Witkow, Erin) (mjj, ) (Entered: 03/10/2008)
03/17/2008 22 Document Stricken from the
Record pursuant to 40 Order - MOTION to Certify
Class by Veronica Ollier. (Kristen, Elizabeth)
Modified on 3/18/2008 - sent DO to chambers re
docs 22-39 re event, signature and attachments
(mjj, ) Attachment(s) added on 3/18/2008 (mjj, ).
Modified on 3/18/2008 to add striking text (mjj, )
(Entered: 03/17/2008)
03/17/2008 23 Document Stricken from the
Record pursuant to 40 Order - Memorandum of
Points and Authorities in Support of 22 - filed as:
MOTION to Certify Class Memorandum of Pts &
Auth ISO P's Motion for Class Cert by Veronica
Ollier. (Kristen, Elizabeth) Modified on 3/18/2008 to
clarify text (mjj, ) Attachment(s) added on 3/18/2008
(mjj, ). Modified on 3/18/2008 to add striking text
(mjj, ) (Entered: 03/17/2008)
03/17/2008 24 Document Stricken from the
Record pursuant to 40 Order - AFFIDAVIT re 23
MOTION to Certify Class Memorandum of Pts &
Auth ISO P's Motion for Class Cert by Plaintiff
Veronica Ollier. (Attachments: # Exhibit A-B# Exhibit
C# Exhibit D-E# Exhibit F-H# Exhibit I-P)(Kristen,
Elizabeth) (mjj, ) Attachment(s) added on 3/18/2008
(mjj, ). Modified on 3/18/2008 to add striking text
(mjj, ) (Entered: 03/17/2008)
03/17/2008 25 Document Stricken from the
Record pursuant to 40 Order - AFFIDAVIT re 23
MOTION to Certify Class Memorandum of Pts &
Auth ISO P's Motion for Class Cert Patricia A. Shiu
Dec by Plaintiff Veronica Ollier. (Kristen, Elizabeth)
(mjj, ) Attachment(s) added on 3/18/2008 (mjj, ).
Modified on 3/18/2008 to add striking text (mjj, )
(Entered: 03/17/2008)
03/17/2008 26 Document Stricken from the
Record pursuant to 40 Order - AFFIDAVIT re 23
MOTION to Certify Class Memorandum of Pts &
Auth ISO P's Motion for Class Cert Vicky L. Barker
Dec by Plaintiff Veronica Ollier. (Kristen, Elizabeth)
(mjj, ) Attachment(s) added on 3/18/2008 (mjj, ).
Modified on 3/18/2008 to add striking text (mjj, )
(Entered: 03/17/2008)
03/17/2008 27 Document Stricken from the
Record pursuant to 40 Order - AFFIDAVIT re 23
MOTION to Certify Class Memorandum of Pts &
Auth ISO P's Motion for Class Cert Cacilia Kim Dec
by Plaintiff Veronica Ollier. (Kristen, Elizabeth) (mjj, )
Attachment(s) added on 3/18/2008 (mjj, ). Modified
on 3/18/2008 to add striking text (mjj, ) (Entered:
03/17/2008)
03/17/2008 28 Document Stricken from the
Record pursuant to 40 Order - AFFIDAVIT re 23
MOTION to Certify Class Memorandum of Pts &
Auth ISO P's Motion for Class Cert Matthew P.
Kanny Dec by Plaintiff Veronica Ollier. (Kristen,
Elizabeth) (mjj, ) Attachment(s) added on 3/18/2008
(mjj, ). Modified on 3/18/2008 to add striking text
(mjj, ) (Entered: 03/17/2008)
03/17/2008 29 Document Stricken from the
Record pursuant to 40 Order - AFFIDAVIT re 23
MOTION to Certify Class Memorandum of Pts &
Auth ISO P's Motion for Class Cert Erin C. Witkow
Dec by Plaintiff Veronica Ollier. (Kristen, Elizabeth)
(mjj, ) Attachment(s) added on 3/18/2008 (mjj, ).
Modified on 3/18/2008 to add striking text (mjj, )
(Entered: 03/17/2008)
03/17/2008 30 Document Stricken from the
Record pursuant to 40 Order - AFFIDAVIT re 23
MOTION to Certify Class Memorandum of Pts &
Auth ISO P's Motion for Class Cert Veronica Ollier
Dec by Plaintiff Veronica Ollier. (Kristen, Elizabeth)
(mjj, ) Attachment(s) added on 3/18/2008 (mjj, ).
Modified on 3/18/2008 to add striking text (mjj, )
(Entered: 03/17/2008)
03/17/2008 31 Document Stricken from the
Record pursuant to 40 Order - AFFIDAVIT re 23
MOTION to Certify Class Memorandum of Pts &
Auth ISO P's Motion for Class Cert Victoria Ollier
Dec by Plaintiff Veronica Ollier. (Kristen, Elizabeth)
(mjj, ) Attachment(s) added on 3/18/2008 (mjj, ).
Modified on 3/18/2008 to add striking text (mjj, )
(Entered: 03/17/2008)
03/17/2008 32 Document Stricken from the
Record pursuant to 40 Order - AFFIDAVIT re 23
MOTION to Certify Class Memorandum of Pts &
Auth ISO P's Motion for Class Cert Naudia Rangel
Dec by Plaintiff Veronica Ollier. (Kristen, Elizabeth)
(mjj, ) Attachment(s) added on 3/18/2008 (mjj, ).
Modified on 3/18/2008 to add striking text (mjj, )
(Entered: 03/17/2008)
03/17/2008 33 Document Stricken from the
Record pursuant to 40 Order - AFFIDAVIT re 23
MOTION to Certify Class Memorandum of Pts &
Auth ISO P's Motion for Class Cert Maritza Rangel
Dec by Plaintiff Veronica Ollier. (Kristen, Elizabeth)
(mjj, ) Attachment(s) added on 3/18/2008 (mjj, ).
Modified on 3/18/2008 to add striking text (mjj, )
(Entered: 03/17/2008)
03/17/2008 34 Document Stricken from the
Record pursuant to 40 Order - AFFIDAVIT re 23
MOTION to Certify Class Memorandum of Pts &
Auth ISO P's Motion for Class Cert Armondo
Hernandez Dec by Plaintiff Veronica Ollier. (Kristen,
Elizabeth) (mjj, ) Attachment(s) added on 3/18/2008
(mjj, ). Modified on 3/18/2008 to add striking text
(mjj, ) (Entered: 03/17/2008)
03/17/2008 35 Document Stricken from the
Record pursuant to 40 Order - AFFIDAVIT re 23
MOTION to Certify Class Memorandum of Pts &
Auth ISO P's Motion for Class Cert Amanda
Hernandez Dec by Plaintiff Veronica Ollier. (Kristen,
Elizabeth) (mjj, ) Attachment(s) added on 3/18/2008
(mjj, ). Modified on 3/18/2008 to add striking text
(mjj, ) (Entered: 03/17/2008)
03/17/2008 36 Document Stricken from the
Record pursuant to 40 Order - AFFIDAVIT re 23
MOTION to Certify Class Memorandum of Pts &
Auth ISO P's Motion for Class Cert Arianna
Hernandez Dec by Plaintiff Veronica Ollier. (Kristen,
Elizabeth) (mjj, ) Attachment(s) added on 3/18/2008
(mjj, ). Modified on 3/18/2008 to add striking text
(mjj, ) (Entered: 03/17/2008)
03/17/2008 37 Document Stricken from the
Record pursuant to 40 Order - AFFIDAVIT re 23
MOTION to Certify Class Memorandum of Pts &
Auth ISO P's Motion for Class Cert Douglas
Christopher Martinez Dec by Plaintiff Veronica Ollier.
(Kristen, Elizabeth) (mjj, ) Attachment(s) added on
3/18/2008 (mjj, ). Modified on 3/18/2008 to add
striking text (mjj, ) (Entered: 03/17/2008)
03/17/2008 38 Document Stricken from the
Record pursuant to 40 Order - Notice of Lodgment -
filed as: AFFIDAVIT re 23 MOTION to Certify Class
Memorandum of Pts & Auth ISO P's Motion for
Class Cert EK Dec re Separate Exhibit Filing by
Plaintiff Veronica Ollier. (Kristen, Elizabeth) Modified
on 3/18/2008 to clarify text (mjj) Modified text on
3/18/2008 (jcj). Attachment(s) added on 3/18/2008
(mjj, ). Modified on 3/18/2008 to add striking text
(mjj, ) (Entered: 03/17/2008)
03/17/2008 39 Document Stricken from the
Record pursuant to 40 Order - CERTIFICATE OF
SERVICE by Veronica Ollier re 22 MOTION to Certify
Class (Kristen, Elizabeth) (mjj, ) Attachment(s)
added on 3/18/2008 (mjj, ). Modified on 3/18/2008
to add striking text (mjj, ) (Entered: 03/17/2008)
03/18/2008 40 Discrepancy Order by Judge
M. James Lorenz rejecting document: Docket #'s 22
through 39 - Motion to Certify Class and supporting
documents from Plaintiffs Arianna Hernandez,
Veronica Ollier, Naudia Rangel, Maritza Rangel,
Amanda Hernandez, non-compliance with local rule
ECF 2(a), (g) - Docket entry does not accurately
reflect the document(s) filed; ECF 2(f) - Lacking
proper signature; ECF 2(g)(2) - All supporting
documents are to be filed as attachment to the
motion, not as separate filings. The document is
rejected. It is ordered that the Clerk STRIKE the
document from the record. Signed by Judge M.
James Lorenz on 3/18/2008. (mjj) (Entered:
03/18/2008)
03/18/2008 41 MOTION to Certify Class by
Veronica Ollier. (Attachments: # 1 Memo of Points
and Authorities # 2 Affidavit Elizabeth Kristen
Declaration# 3 Exhibit A-B# 4 Exhibit C# 5 Exhibit
D-E# 6 Exhibit F-H# 7 Exhibit I-P# 8 Affidavit Patricia
Shiu Dec# 9 Affidavit Vicky Barker Dec# 10 Affidavit
Cacilia Kim Dec# 11 Affidavit Matthew Kanny Dec#
12 Affidavit Erin Witkow Dec# 13 Affidavit Veronica
Ollier Dec# 14 Affidavit Victoria Ollier Dec# 15
Affidavit Naudia Rangel# 16 Affidavit Maritza Rangel
Dec# 17 Affidavit Armondo Hernandez Dec# 18
Affidavit Amanda Hernandez Dec# 19 Affidavit
Arianna Hernandez Dec# 20 Affidavit Douglas C.
Martinez Dec# 21 Declaration Separate Exhibit
Filing# 22 Proof of Service)(Kristen, Elizabeth)
Modified on 3/19/2008 - email sent instructing to file
a signed amended proof (mjj, ) (Entered:
03/18/2008)
03/19/2008 42 CERTIFICATE OF SERVICE
by Veronica Ollier re 41 MOTION to Certify Class
Amended Certificate of Service (Kristen, Elizabeth)
(mjj, ) (Entered: 03/19/2008)
03/21/2008 43 CERTIFICATE OF SERVICE
by Veronica Ollier re 41 MOTION to Certify Class
Second Amended POS (Kristen, Elizabeth) (mjj, )
(Entered: 03/21/2008)
03/24/2008 44 NOTICE - Letter Brief by
Sweetwater Union High School District, Arlie N
Ricasa, Pearl Quinones, Jim Cartmill, Jaime
Mercado, Greg R Sandoval, Jesus M Gandara, Earl
Weins, Russell Moore re 21 Notice (Other), Notice
(Other), Notice (Other), Notice (Other) Opposition to
Motion to Compel (Attachments: # 1 Exhibit 1-10# 2
Exhibit 11-16# 3 Exhibit 17# 4 Exhibit 18-19# 5
Exhibit 20# 6 Exhibit 21-24# 7 Declaration Gil Abed#
8 Proof of Service)(Abed, Gil) Modified on 3/25/2008
to clarify text (mjj, ) (Entered: 03/24/2008)
03/28/2008 45 REPLY re 44 Notice- Letter
Brief filed by Veronica Ollier. (Attachments: # 1 Proof
of Service)(Kristen, Elizabeth) Modified on 4/1/2008
edit text(joeh, ). (Entered: 03/28/2008)
03/28/2008 46 RESPONSE in Opposition
re 41 MOTION to Certify Class filed by Sweetwater
Union High School District, Arlie N Ricasa, Pearl
Quinones, Jim Cartmill, Jaime Mercado, Greg R
Sandoval, Jesus M Gandara, Earl Weins, Russell
Moore. (Attachments: # 1 Proof of Service)(Shinoff,
Daniel). (jah). (Entered: 03/28/2008)
04/02/2008 52 Minute Entry for proceedings
held before Judge William McCurine Jr.: Settlement
Conference held on 4/2/2008. No settlement. Order
Issued.(Plaintiff Attorney Elizabeth Kristen; Erin
Witkow; Cecelia Kim).(Defendant Attorney Daniel
Shinoff; Patrice Coady; Vicky Barley). (rfm) (Entered:
04/10/2008)
04/07/2008 47 REPLY re 41 MOTION to
Certify Class filed by Veronica Ollier. (Attachments:
# 1 Declaration Elizabeth Kristen, Exhibits A-L# 2
Declaration Mary Broughton# 3 Proof of
Service)(Kristen, Elizabeth) (mjj, ) (Entered:
04/07/2008)
04/07/2008 48 NOTICE of Expert Witness
Designation - filed as: Witness List by Arianna
Hernandez, Veronica Ollier, Naudia Rangel, Maritza
Rangel, Amanda Hernandez. (Witkow, Erin) (mjj, )
Modified on 4/8/2008 to clarify text per attorneys
request (mjj, ) (Entered: 04/07/2008)
04/08/2008 49 ORDER re Oral Argument:
Plaintiffs' 41 MOTION to Certify Class is set for
hearing on 4/14/2008. The Court finds this matter
suitable for determination on the papers submitted
and without oral argument. No appearances are
required. Signed by Judge M. James Lorenz on
4/8/2008. (mjj) (Entered: 04/08/2008)
04/08/2008 50 ORDER Following
Settlement Conference: A settlement conference
was held on 4/2/08. No settlement was reached.
The Court sets three telephonic Status
Conferences: for 4/21/2008 09:00 AM, 5/7/08 9:30
AM, and 5/21/08 9:15 AM before Magistrate Judge
William McCurine Jr. Counsel for defendant is
instructed to initiate the call for each telephonic
status conference. Signed by Magistrate Judge
William McCurine Jr. on 4/8/2008. (mjj) (Entered:
04/09/2008)
04/09/2008 51 NOTICE of
Hearing:Telephonic Status Conference set for
4/10/2008 04:30 PM in Courtroom C before
Magistrate Judge William McCurine Jr.. (rab)
(Entered: 04/09/2008)
04/21/2008 53 MOTION to Compel by
Veronica Ollier. (Attachments: # 1 Declaration
Elizabeth Kristen, # 2 Exhibit A-G, # 3 Exhibit H-N, #
4 Exhibit O-V)(Kristen, Elizabeth) Modified on
4/22/2008 - sent DO to chambers re time, p's & a's,
table of content (mjj) (Entered: 04/21/2008)
04/21/2008 54 ORDER Following
Telephonic Status Conference: A telephonic status
conference was held on 4/21/08. The next
telephonic status regarding this issue is scheduled
for 5/7/08 at 9:30 a.m. Signed by Magistrate Judge
William McCurine, Jr on 4/21/2008. (mjj) (Entered:
04/21/2008)
04/30/2008 55 Joint MOTION for Extension
of Time to Complete Discovery (Expert Discovery) by
Arianna Hernandez, Veronica Ollier, Naudia Rangel,
Maritza Rangel, Amanda Hernandez. (Witkow, Erin)
(mjj) Modified on 11/18/2008 to term motion (smv).
(Entered: 04/30/2008)
05/01/2008 56 RESPONSE in Opposition
re 53 MOTION to Compel Further Document
Production filed by Sweetwater Union High School
District, Arlie N Ricasa, Pearl Quinones, Jim
Cartmill, Jaime Mercado, Greg R Sandoval, Jesus
M Gandara, Earl Weins, Russell Moore.
(Attachments: # 1 Declaration Gary Gauger in
Support of Opposition, # 2 Declaration Patrice
Coady in Support of Opposition, # 3 Proof of
Service)(Shinoff, Daniel) (mjj) (Entered: 05/01/2008)
05/07/2008 59 Minute Entry for proceedings
held before Magistrate Judge William McCurine,
Jr:Telephonic Status Conference held on
5/7/2008.(Tape #n/a).(Plaintiff Attorney Elizabeth
Kristen).(Defendant Attorney Dan Shinhoff).(rab)
(Entered: 05/14/2008)
05/12/2008 57 REPLY re 56 Response in
Opposition to Motion, filed by Veronica Ollier.
(Attachments: # 1 Declaration of Cacilia Kim, # 2
Exhibit A-D, # 3 Proof of Service)(Kristen, Elizabeth).
Modified on 5/13/2008 - Filed in Letter format. Not
proper format and not properly captioned in
accordance w/ L.R. 5.1.j.1. Email sent to Atty (jah).
(Entered: 05/12/2008)
05/12/2008 58 ORDER Following
Telephonic Status Conference. A telephonic status
conference was held on May 7, 2008. The next
telephonic status regarding this issue is scheduled
for May 21, 2008, at 9:15 AM. Signed by Magistrate
Judge William McCurine, Jr on 5/12/08. (aje)
(Entered: 05/13/2008)
05/21/2008 60 ORDER Following
Telephonic Status Conference: A telephonic status
conference was held on May 21, 2008. Counsel for
defendants advised the Court of its further findings
regarding construction cost issues. This was the
third and last scheduled telephonic status
regarding this issue. Signed by Magistrate Judge
William McCurine, Jr on 5/21/2008. (mjj) (Entered:
05/21/2008)
05/21/2008 61 Minute Entry for proceedings
held before Magistrate Judge William McCurine,
Jr:Telephonic Status Conference held on
5/21/2008. Court to issue order.(Tape #n/a).(Plaintiff
Attorney Elizabeth Kristen).(Defendant Attorney Dan
Shinhoff).(rab) (Entered: 05/23/2008)
05/27/2008 62 ORDER to Continue Expert
Discovery Deadlines: Expert disclosures shall be
served on all parties on or before September 8,
2008; Any contradictory or rebuttal information shall
be disclosed on or before September 29, 2008; and
Depositions of expert witnesses shall be
completed by all parties on or beforeOctober 31,
2008. Signed by Magistrate Judge William
McCurine, Jr on 5/27/2008. (mjj) (Entered:
05/27/2008)
05/28/2008 64 Minute Entry for proceedings
held before Magistrate Judge William McCurine, Jr:
Telephonic Discovering Hearing set for 5/28/08 at
4:00 p.m. before Magistrate Judge McCurine, Jr. -
not held.(Tape #n/a).(rab) (Entered: 06/09/2008)
06/05/2008 63 MOTION for Protective Order
Stipulated by Veronica Ollier. (Kristen, Elizabeth)
Modified on 6/10/2008 - attorney instructed to refile.
Missing signature and contains proposed
order.(mjj) (Entered: 06/05/2008)
06/12/2008 65 Joint MOTION for Protective
Order Stipulated by Veronica Ollier. (Kristen,
Elizabeth) Modified on 6/13/2008 - sent DO to
chambers re event, signature and proposed order
(mjj) (Entered: 06/12/2008)
07/23/2008 67 Minute Entry for proceedings
held before Magistrate Judge William McCurine, Jr:
Status Conference set for 7/23/08 at 9:00 a.m. is off
calendar. The court will reset the hearing.(Tape
#n/a).(Plaintiff Attorney n/a).(Defendant Attorney
n/a).(rab) (Entered: 07/29/2008)
07/28/2008 66 MOTION for Summary
Adjudication by Veronica Ollier. (Attachments: # 1
Memo of Points and Authorities, # 2 Declaration
Elizabeth Kristen, # 3 Exhibit A-D, # 4 Exhibit E-G, #
5 Exhibit H-L, # 6 Proof of Service)(Kristen,
Elizabeth) Modified on 7/29/2008 - sent email re
exhibits (mjj) (Entered: 07/28/2008)
08/05/2008 68 Joint MOTION to Continue
Summary Judgment Deadlines by Sweetwater
Union High School District. (Shinoff, Daniel) (mjj)
(Entered: 08/05/2008)
08/08/2008 69 ORDER Granting 68 Joint
Motion to Continue Briefing Schedule and Hearing
Date: Defendants' opposition due 9/17/08. Plaintiffs'
reply memorandum due 9/29/08. Plaintiffs' motion
for partial summary judgment is continued until
10/6/08 at 10:30. Signed by Judge M. James Lorenz
on 8/8/2008. (mjj) (Entered: 08/08/2008)
08/08/2008 70 ORDER Following
Telephonic Status Conference: On 8/5/08 a
telephonic hearing regarding discovery was held. A
Settlement Conference is set for 9/8/2008 02:00 PM
before Magistrate Judge William McCurine Jr. A
furhter telephonic Status Conference is set for
8/12/2008 04:30 PM before Magistrate Judge
William McCurine Jr. Signed by Magistrate Judge
William McCurine, Jr on 8/8/2008. (mjj) (Entered:
08/08/2008)
08/12/2008 72 Minute Entry for proceedings
held before Magistrate Judge William McCurine,
Jr:Telephonic Status Conference held on
8/12/2008(Tape #n/a).(Plaintiff Attorney Elizabeth
Kristen).(Defendant Attorney Patricia Coady).(rab)
(Entered: 09/05/2008)
08/25/2008 71 ORDER Granting Motion For
Class Certification (Re Doc. 41 ). Signed by Judge
M. James Lorenz on 8/25/2008. (mdc) (Entered:
08/25/2008)
09/08/2008 73 Amended Case
Management ORDER Regulating Discovery and
Other Pretrial Proceedings: Final Pretrial
Conference set for 1/26/2009 11:00 AM before
Judge M. James Lorenz. Proposed Pretrial Order
due by 1/20/2009. Signed by Magistrate Judge
William McCurine, Jr on 9/8/2008. (mjj) (Entered:
09/08/2008)
09/09/2008 74 ORDER Confirming
Settlement Conference: Pursuant to the last
telephonic status conference the Court has
scheduled a full day settlement conference for
September 10, 2008, at 9:30 a.m. Signed by
Magistrate Judge William McCurine, Jr on 9/9/2008.
(mjj) (Entered: 09/09/2008)
09/10/2008 76 Minute Entry for proceedings
held before Magistrate Judge William McCurine,
Jr:Settlement Conference held on 9/10/2008(Tape
#n/a).(Plaintiff Attorney Elizabeth
Kristen).(Defendant Attorney Dan Shinhoff, Patrice
Coady).(rab) (Entered: 09/26/2008)
09/17/2008 75 RESPONSE in Opposition
re 66 MOTION for Summary Adjudication filed by
Sweetwater Union High School District, Arlie N
Ricasa, Pearl Quinones, Jim Cartmill, Jaime
Mercado, Greg R Sandoval, Jesus M Gandara, Earl
Weins, Russell Moore. (Attachments: # 1
Declaration Paul Van Nostrand, # 2 Declaration
Russell Moore, # 3 Declaration Patrice Coady, # 4
Exhibit List, # 5 Exhibit A-J, # 6 Notice Objections to
Evidence, # 7 Proof of Service)(Shinoff, Daniel) (mjj)
(Entered: 09/17/2008)
09/29/2008 77 ORDER re: Oral Argument:
Plaintiffs' 66 MOTION for Summary Adjudication is
set for hearing on 10/6/08. The Court finds this
matter suitable for determination on the papers
submitted and without oral argument. No
appearances are required. Signed by Judge M.
James Lorenz on 9/29/2008. (mjj) (Entered:
09/29/2008)
09/29/2008 78 REPLY re 75 Response in
Opposition to Motion, 66 MOTION for Summary
Adjudication filed by Veronica Ollier. (Attachments: #
1 Reply Declaration of Elizabeth Kristen and
Exhibits A-R, # 2 Plaintiffs' Response to Defendants
Objections, # 3 Plaintiffs' Objections to Declaration
of Russell Moore, # 4 Proof of Service)(Kristen,
Elizabeth) Modified on 9/30/2008 to clarify text (mjj)
(Entered: 09/29/2008)
10/09/2008 79 Stipulated PROTECTIVE
ORDER. Signed by Magistrate Judge William
McCurine, Jr on 10/09/08. (jpp) (Entered:
10/10/2008)
11/10/2008 80 ORDER Re: Courtesy
Copies: Plaintiffs filed a motion for partial summary
judgment. In response to plaintiffs motion,
defendants filed their opposition consisting of 98
pages 75 . Although plaintiffs have provided the
Court with courtesy copies of their filings,
defendants have not. Defendants are directed to
provide the Court with a courtesy copy of their
complete filing in opposition to plaintiffs motion not
later than noon on November 12, 2008. Failure to
provide a courtesy copy within the time provided
shall result in the filing being stricken from the
record. Signed by Judge M. James Lorenz on
11/10/2008. (mjj) (Entered: 11/10/2008)
11/24/2008 81 MOTION for Discovery by
Veronica Ollier. (Attachments: # 1 Declaration
Declaration of Elizabeth Kristen, # 2 Exhibit Exhibits
A-B, # 3 Exhibit Exhibit C (part 1), # 4 Exhibit Exhibit
C (part 2), # 5 Exhibit Exhibit C (part 3), # 6 Exhibit
Exhibits D-H, # 7 Proof of Service)(Kristen,
Elizabeth) Modified on 11/25/2008 - sent email re
points and authorities and motion format (mjj)
(Entered: 11/24/2008)
11/26/2008 82 Response to Defendants'
November 24, 2008 Brief - filed as: MOTION for
Discovery by Veronica Ollier. (Attachments: # 1
Declaration Reply Declaration of Elizabeth Kristen,
# 2 Exhibit Exhibits A-C, # 3 Exhibit Exhibit D, # 4
Exhibit Exhibits E-F, # 5 Proof of Service Proof of
Service)(Kristen, Elizabeth) Modified on 12/2/2008 -
sent email re correct event (mjj) (Entered:
11/26/2008)
01/05/2009 83 ORDER Vacating Pretrial
Conference Date: On the Court's own motion, the
pretrial conference set for 1/26/09 at 11:00 AM is
Vacated. Dates for the filing of a proposed pretrial
order and pretrial conference will be set after
disposition of the summary adjudication motion.
Signed by Judge M. James Lorenz on 1/5/2009.
(leh) (Entered: 01/05/2009)
01/05/2009 84 PRETRIAL Disclosure by
Sweetwater Union High School District, Arlie N
Ricasa, Pearl Quinones, Jim Cartmill, Jaime
Mercado, Greg R Sandoval, Jesus M Gandara, Earl
Weins, Russell Moore. (Abed, Gil) Modified on
1/6/2009 to clarify text (mjj) (Entered: 01/05/2009)
01/07/2009 85 ORDER: Pursuant to the
vacating of the pretrial conference date, pending
Judge Lorenz's ruling on Plaintiff's motion for
summary judgment, the Court shall stay all pending
dates relating to the preparation for the pretrial
conference. Discovery will continue toward
completion and will continue to be monitored by
Magistrate Judge McCurine. Counsel for Plaintiff is
instructed to contact chambers within three days of
Judge Lorenzs ruling on the pending motion for
summary judgment. Signed by Magistrate Judge
William McCurine, Jr on 1/7/2009. (mjj) (Entered:
01/07/2009)
01/07/2009 86 Minute Entry for proceedings
held before Magistrate Judge William McCurine,
Jr:Telephonic Status Conference held on
1/7/2009.(Tape #n/a).(Plaintiff Attorney Elizabeth
Kristen).(Defendant Attorney Dan Shinoff, Paul
Corelli).(rab) (Entered: 01/12/2009)
in their official capacities
represented by Daniel R Shinoff, Gil Abed, Patricia
Michelle Coady
Defendant Jim Cartmill
Defendant Jaime Mercado
Defendant Jesus M Gandara
Defendant Earl Weins
Defendant Russell Moore
Date Filed # Docket Text
04/19/2007 1 COMPLAINT, class action, for
Injunctive and Declaratory Releif against all
defendants (Filing fee paid $350.00,
Receipt#137313), filed by plaintiffs Arianna
Hernandez, Veronica Ollier, Naudia Rangel, Maritza
Rangel, and Amanda Hernandez.(lao, )(bar, ).
(Entered: 04/20/2007)
04/24/2007 2 Summons Issued as to
Sweetwater Union High School District, Arlie N
Ricasa, Pearl Quinones, Jim Cartmill, Jaime
Mercado, Greg R Sandoval, Jesus M Gandara, Earl
Weins, Russell Moore. (mjj, ) (mam). (Entered:
04/24/2007)
05/23/2007 3 WAIVER OF SERVICE
Returned Executed by Arianna Hernandez, Veronica
Ollier, Naudia Rangel, Maritza Rangel, Amanda
Hernandez. Sweetwater Union High School District
waiver sent on 5/2/2007, answer due 7/2/2007; Arlie
N Ricasa waiver sent on 5/2/2007, answer due
7/2/2007; Pearl Quinones waiver sent on 5/2/2007,
answer due 7/2/2007; Jim Cartmill waiver sent on
5/2/2007, answer due 7/2/2007; Jaime Mercado
waiver sent on 5/2/2007, answer due 7/2/2007;
Greg R Sandoval waiver sent on 5/2/2007, answer
due 7/2/2007; Jesus M Gandara waiver sent on
5/2/2007, answer due 7/2/2007; Earl Weins waiver
sent on 5/2/2007, answer due 7/2/2007; Russell
Moore waiver sent on 5/2/2007, answer due
7/2/2007. (Kristen, Elizabeth) (Entered: 05/23/2007)
06/29/2007 4 ANSWER to Complaint by
Sweetwater Union High School District, Arlie N
Ricasa, Pearl Quinones, Jim Cartmill, Jaime
Mercado, Greg R Sandoval, Jesus M Gandara, Earl
Weins, Russell Moore.(Abed, Gil) (Entered:
06/29/2007)
07/12/2007 5 NOTICE and ORDER setting
Early Neutral Evaluation set for 8/13/2007 02:00 PM
in Courtroom C before Magistrate Judge William
McCurine Jr.. Signed by Judge William McCurine Jr.
on 07/12/07. (jpp) (Entered: 07/12/2007)
07/19/2007 6 ORDER re 5 Early Neutral
Evaluation Conference: The Early Neutral
Evaluation conference scheduled for 8/13/07 at 2:00
pm shall be held telephonically. Signed by Judge
William McCurine Jr. on 7/19/2007. (mjj)(mam).
(Entered: 07/19/2007)
08/08/2007 7 ORDER re Telephonic Early
Neutral Evaluation Conference: On the Court's own
motion the Early Neutral Evaluation set for
8/13/2007 at 2:00 pm shall be held at 11:30 am
before Magistrate Judge William McCurine Jr.
Signed by Judge William McCurine Jr. on 8/8/2007.
(mjj)(bar ). (Entered: 08/08/2007)
08/13/2007 8 ORDER Telephonic Early
Neutral Evaluation Conference. The telephonic
Early Neutral Evaluation set for 8:13/07 at 11:30 is
continued to 8/17/2007 at 9:30 am before
Magistrate Judge William McCurine Jr. Signed by
Judge William McCurine Jr. on 8/13/2007. (mjj)(bar
). (Entered: 08/14/2007)
08/17/2007 9 ORDER Following Early
Neutral Evaluation Conference: On 8/17/07 the
Court convened a telephonic Early Neutral
Evaluation Conference. Settlement could not be
reached. Parties shall arrange a visit to location at
issue, complete Rule 26(f) conference and submit
joint inventory of facilities at issue by 9/17/07.
Lodgment of Joint discovery plan due 9/20/07. Initial
disclosure due 9/26/07. A telephonic status Case
Management Conference is set for 9/21/2007 09:30
AM before Magistrate Judge William McCurine Jr.
Signed by Judge William McCurine Jr. on
7/17/2007. (mjj) (mam). (Entered: 08/20/2007)
08/17/2007 10 Minute Entry for proceedings
held before Judge William McCurine Jr.: Telephonic
Early Neutral Evaluation Conference held on
8/17/2007(Tape #n/a).(Plaintiff Attorney Elizabeth
Kristen, Vicky Barker, Cecilia Kim).(Defendant
Attorney Dan Shinoff, Patrice Coady). (rab) (Entered:
08/20/2007)
09/12/2007 11 ORDER: Rule 26(b)
conference shall be completed before 10/19/07.
Joint inventory due 10/22/07. Lodgment of joint
discovery plan due 10/26/07. Initial disclosure per
Rule 26(a)(1)(A-D) shall occur before 10/29/07. The
telephonic Case Management Conference set for
9/21/2007 at 9:30 am is continued to 10/31/2007
09:00 AM before Magistrate Judge William
McCurine Jr. Signed by Judge William McCurine Jr.
on 9/12/2007. (mjj) (Entered: 09/12/2007)
09/13/2007 12 NOTICE of Appearance by
Patricia Michelle Coady on behalf of all defendants
(Coady, Patricia) (Entered: 09/13/2007)
09/13/2007 13 NOTICE of Appearance by
Daniel R Shinoff on behalf of all defendants
(Shinoff, Daniel) (Entered: 09/13/2007)
10/29/2007 14 ORDER. The Joint Inventory
currently due to the Court on 10/22/07, is now due to
the Court on 10/31/07. All other orders of the Court
remain in full force and effect unless otherwise
ordered by the Court. Signed by Judge William
McCurine Jr. on 10/29/07. (jcj) (Entered: 10/29/2007)
12/26/2007 15 Case Management
Conference ORDER Regulating Discovery and
Other Pretrial Proceedings: A Case Management
Conference was held on 10/31/07. Settlement
Conference set for 4/2/2008 09:15 AM in chambers
before Magistrate Judge William McCurine Jr.
Mandatory Settlement Conference set for 8/8/2008
09:15 AM in chambers before Magistrate Judge
William McCurine Jr. Final Pretrial Conference set
for 11/17/2008 11:00 AM in chambers before Judge
M. James Lorenz. Proposed Pretrial Order due by
11/10/2008. Signed by Judge William McCurine Jr.
on 12/26/2007. (mjj) (Entered: 12/26/2007)
02/22/2008 16 ORDER Status Conference
set for 2/26/2008 at 04:00 PM telephonically before
Magistrate Judge William McCurine Jr. Signed by
Judge William McCurine Jr. on 2/22/2008. (kmm)
(av1, ). (Entered: 02/22/2008)
02/22/2008 17 NOTICE of Appearance by
Erin Cranman Witkow on behalf of all plaintiffs
(Witkow, Erin) (mjj, ) (Entered: 02/22/2008)
02/27/2008 18 ORDER Following
Telephonic Status: On 2/26/08 a telephonic status
conference regarding discovery was held. Counsel
for defendant shall provide to plaintiff a letter
outlining the scope of the testimony of each
selected PMK deponent and the specific time
periods their testimony will cover by close of
business on 2/27/08. Letter briefs regarding the five
interrogatories in dispute shall be submitted as
follows: Plaintiff's brief due 3/10/08. Defendant's
response due 3/24/08. Plaintiff's reply due 3/28/08.
Signed by Judge William McCurine Jr. on
2/27/2008. (mjj) (Entered: 02/27/2008)
03/05/2008 20 MINUTE ORDER - Discovery
Hearing set for 3/5/08 at 9:00 a.m. has been taken
off calendar at counsel's request. (rab) (Entered:
03/10/2008)
03/10/2008 19 Ex Parte MOTION Leave of
Court for Defendant Board Members by Sweetwater
Union High School District, Arlie N Ricasa, Pearl
Quinones, Jim Cartmill, Jaime Mercado, Greg R
Sandoval, Jesus M Gandara, Earl Weins, Russell
Moore. (Shinoff, Daniel) Modified on 3/11/2008 to
add ex parte text (mjj, ) Modified on 11/18/2008 to
term motion(smv). (Entered: 03/10/2008)
03/10/2008 21 NOTICE by Arianna
Hernandez, Veronica Ollier, Naudia Rangel, Maritza
Rangel, Amanda Hernandez -- Notice of Filing
Letter Brief In Support of Plaintiffs' Motion to Compel
Further Responses to Interrogatories (Attachments:
# 1 Table of Contents of Exhibits to Letter Brief# 2
Exhibit 1 to Letter Brief# 3 Exhibit 2 to Letter Brief# 4
Exhibit 3 to Letter Brief# 5 Exhibit 4 to Letter Brief# 6
Declaration of Elizabeth Kristen# 7 Exhibit A to
Declaration of Elizabeth Kristen# 8 Exhibit B to
Declaration of Elizabeth Kristen# 9 Exhibit C to
Declaration of Elizabeth Kristen# 10 Exhibit D to
Declaration of Elizabeth Kristen# 11 Exhibit E to
Declaration of Elizabeth Kristen# 12 Exhibit F to
Declaration of Elizabeth Kristen# 13 Exhibit G to
Declaration of Elizabeth Kristen# 14 Exhibit H to
Declaration of Elizabeth Kristen# 15 Exhibit I to
Declaration of Elizabeth Kristen# 16 Proof of
Service)(Witkow, Erin) (mjj, ) (Entered: 03/10/2008)
03/17/2008 22 Document Stricken from the
Record pursuant to 40 Order - MOTION to Certify
Class by Veronica Ollier. (Kristen, Elizabeth)
Modified on 3/18/2008 - sent DO to chambers re
docs 22-39 re event, signature and attachments
(mjj, ) Attachment(s) added on 3/18/2008 (mjj, ).
Modified on 3/18/2008 to add striking text (mjj, )
(Entered: 03/17/2008)
03/17/2008 23 Document Stricken from the
Record pursuant to 40 Order - Memorandum of
Points and Authorities in Support of 22 - filed as:
MOTION to Certify Class Memorandum of Pts &
Auth ISO P's Motion for Class Cert by Veronica
Ollier. (Kristen, Elizabeth) Modified on 3/18/2008 to
clarify text (mjj, ) Attachment(s) added on 3/18/2008
(mjj, ). Modified on 3/18/2008 to add striking text
(mjj, ) (Entered: 03/17/2008)
03/17/2008 24 Document Stricken from the
Record pursuant to 40 Order - AFFIDAVIT re 23
MOTION to Certify Class Memorandum of Pts &
Auth ISO P's Motion for Class Cert by Plaintiff
Veronica Ollier. (Attachments: # Exhibit A-B# Exhibit
C# Exhibit D-E# Exhibit F-H# Exhibit I-P)(Kristen,
Elizabeth) (mjj, ) Attachment(s) added on 3/18/2008
(mjj, ). Modified on 3/18/2008 to add striking text
(mjj, ) (Entered: 03/17/2008)
03/17/2008 25 Document Stricken from the
Record pursuant to 40 Order - AFFIDAVIT re 23
MOTION to Certify Class Memorandum of Pts &
Auth ISO P's Motion for Class Cert Patricia A. Shiu
Dec by Plaintiff Veronica Ollier. (Kristen, Elizabeth)
(mjj, ) Attachment(s) added on 3/18/2008 (mjj, ).
Modified on 3/18/2008 to add striking text (mjj, )
(Entered: 03/17/2008)
03/17/2008 26 Document Stricken from the
Record pursuant to 40 Order - AFFIDAVIT re 23
MOTION to Certify Class Memorandum of Pts &
Auth ISO P's Motion for Class Cert Vicky L. Barker
Dec by Plaintiff Veronica Ollier. (Kristen, Elizabeth)
(mjj, ) Attachment(s) added on 3/18/2008 (mjj, ).
Modified on 3/18/2008 to add striking text (mjj, )
(Entered: 03/17/2008)
03/17/2008 27 Document Stricken from the
Record pursuant to 40 Order - AFFIDAVIT re 23
MOTION to Certify Class Memorandum of Pts &
Auth ISO P's Motion for Class Cert Cacilia Kim Dec
by Plaintiff Veronica Ollier. (Kristen, Elizabeth) (mjj, )
Attachment(s) added on 3/18/2008 (mjj, ). Modified
on 3/18/2008 to add striking text (mjj, ) (Entered:
03/17/2008)
03/17/2008 28 Document Stricken from the
Record pursuant to 40 Order - AFFIDAVIT re 23
MOTION to Certify Class Memorandum of Pts &
Auth ISO P's Motion for Class Cert Matthew P.
Kanny Dec by Plaintiff Veronica Ollier. (Kristen,
Elizabeth) (mjj, ) Attachment(s) added on 3/18/2008
(mjj, ). Modified on 3/18/2008 to add striking text
(mjj, ) (Entered: 03/17/2008)
03/17/2008 29 Document Stricken from the
Record pursuant to 40 Order - AFFIDAVIT re 23
MOTION to Certify Class Memorandum of Pts &
Auth ISO P's Motion for Class Cert Erin C. Witkow
Dec by Plaintiff Veronica Ollier. (Kristen, Elizabeth)
(mjj, ) Attachment(s) added on 3/18/2008 (mjj, ).
Modified on 3/18/2008 to add striking text (mjj, )
(Entered: 03/17/2008)
03/17/2008 30 Document Stricken from the
Record pursuant to 40 Order - AFFIDAVIT re 23
MOTION to Certify Class Memorandum of Pts &
Auth ISO P's Motion for Class Cert Veronica Ollier
Dec by Plaintiff Veronica Ollier. (Kristen, Elizabeth)
(mjj, ) Attachment(s) added on 3/18/2008 (mjj, ).
Modified on 3/18/2008 to add striking text (mjj, )
(Entered: 03/17/2008)
03/17/2008 31 Document Stricken from the
Record pursuant to 40 Order - AFFIDAVIT re 23
MOTION to Certify Class Memorandum of Pts &
Auth ISO P's Motion for Class Cert Victoria Ollier
Dec by Plaintiff Veronica Ollier. (Kristen, Elizabeth)
(mjj, ) Attachment(s) added on 3/18/2008 (mjj, ).
Modified on 3/18/2008 to add striking text (mjj, )
(Entered: 03/17/2008)
03/17/2008 32 Document Stricken from the
Record pursuant to 40 Order - AFFIDAVIT re 23
MOTION to Certify Class Memorandum of Pts &
Auth ISO P's Motion for Class Cert Naudia Rangel
Dec by Plaintiff Veronica Ollier. (Kristen, Elizabeth)
(mjj, ) Attachment(s) added on 3/18/2008 (mjj, ).
Modified on 3/18/2008 to add striking text (mjj, )
(Entered: 03/17/2008)
03/17/2008 33 Document Stricken from the
Record pursuant to 40 Order - AFFIDAVIT re 23
MOTION to Certify Class Memorandum of Pts &
Auth ISO P's Motion for Class Cert Maritza Rangel
Dec by Plaintiff Veronica Ollier. (Kristen, Elizabeth)
(mjj, ) Attachment(s) added on 3/18/2008 (mjj, ).
Modified on 3/18/2008 to add striking text (mjj, )
(Entered: 03/17/2008)
03/17/2008 34 Document Stricken from the
Record pursuant to 40 Order - AFFIDAVIT re 23
MOTION to Certify Class Memorandum of Pts &
Auth ISO P's Motion for Class Cert Armondo
Hernandez Dec by Plaintiff Veronica Ollier. (Kristen,
Elizabeth) (mjj, ) Attachment(s) added on 3/18/2008
(mjj, ). Modified on 3/18/2008 to add striking text
(mjj, ) (Entered: 03/17/2008)
03/17/2008 35 Document Stricken from the
Record pursuant to 40 Order - AFFIDAVIT re 23
MOTION to Certify Class Memorandum of Pts &
Auth ISO P's Motion for Class Cert Amanda
Hernandez Dec by Plaintiff Veronica Ollier. (Kristen,
Elizabeth) (mjj, ) Attachment(s) added on 3/18/2008
(mjj, ). Modified on 3/18/2008 to add striking text
(mjj, ) (Entered: 03/17/2008)
03/17/2008 36 Document Stricken from the
Record pursuant to 40 Order - AFFIDAVIT re 23
MOTION to Certify Class Memorandum of Pts &
Auth ISO P's Motion for Class Cert Arianna
Hernandez Dec by Plaintiff Veronica Ollier. (Kristen,
Elizabeth) (mjj, ) Attachment(s) added on 3/18/2008
(mjj, ). Modified on 3/18/2008 to add striking text
(mjj, ) (Entered: 03/17/2008)
03/17/2008 37 Document Stricken from the
Record pursuant to 40 Order - AFFIDAVIT re 23
MOTION to Certify Class Memorandum of Pts &
Auth ISO P's Motion for Class Cert Douglas
Christopher Martinez Dec by Plaintiff Veronica Ollier.
(Kristen, Elizabeth) (mjj, ) Attachment(s) added on
3/18/2008 (mjj, ). Modified on 3/18/2008 to add
striking text (mjj, ) (Entered: 03/17/2008)
03/17/2008 38 Document Stricken from the
Record pursuant to 40 Order - Notice of Lodgment -
filed as: AFFIDAVIT re 23 MOTION to Certify Class
Memorandum of Pts & Auth ISO P's Motion for
Class Cert EK Dec re Separate Exhibit Filing by
Plaintiff Veronica Ollier. (Kristen, Elizabeth) Modified
on 3/18/2008 to clarify text (mjj) Modified text on
3/18/2008 (jcj). Attachment(s) added on 3/18/2008
(mjj, ). Modified on 3/18/2008 to add striking text
(mjj, ) (Entered: 03/17/2008)
03/17/2008 39 Document Stricken from the
Record pursuant to 40 Order - CERTIFICATE OF
SERVICE by Veronica Ollier re 22 MOTION to Certify
Class (Kristen, Elizabeth) (mjj, ) Attachment(s)
added on 3/18/2008 (mjj, ). Modified on 3/18/2008
to add striking text (mjj, ) (Entered: 03/17/2008)
03/18/2008 40 Discrepancy Order by Judge
M. James Lorenz rejecting document: Docket #'s 22
through 39 - Motion to Certify Class and supporting
documents from Plaintiffs Arianna Hernandez,
Veronica Ollier, Naudia Rangel, Maritza Rangel,
Amanda Hernandez, non-compliance with local rule
ECF 2(a), (g) - Docket entry does not accurately
reflect the document(s) filed; ECF 2(f) - Lacking
proper signature; ECF 2(g)(2) - All supporting
documents are to be filed as attachment to the
motion, not as separate filings. The document is
rejected. It is ordered that the Clerk STRIKE the
document from the record. Signed by Judge M.
James Lorenz on 3/18/2008. (mjj) (Entered:
03/18/2008)
03/18/2008 41 MOTION to Certify Class by
Veronica Ollier. (Attachments: # 1 Memo of Points
and Authorities # 2 Affidavit Elizabeth Kristen
Declaration# 3 Exhibit A-B# 4 Exhibit C# 5 Exhibit
D-E# 6 Exhibit F-H# 7 Exhibit I-P# 8 Affidavit Patricia
Shiu Dec# 9 Affidavit Vicky Barker Dec# 10 Affidavit
Cacilia Kim Dec# 11 Affidavit Matthew Kanny Dec#
12 Affidavit Erin Witkow Dec# 13 Affidavit Veronica
Ollier Dec# 14 Affidavit Victoria Ollier Dec# 15
Affidavit Naudia Rangel# 16 Affidavit Maritza Rangel
Dec# 17 Affidavit Armondo Hernandez Dec# 18
Affidavit Amanda Hernandez Dec# 19 Affidavit
Arianna Hernandez Dec# 20 Affidavit Douglas C.
Martinez Dec# 21 Declaration Separate Exhibit
Filing# 22 Proof of Service)(Kristen, Elizabeth)
Modified on 3/19/2008 - email sent instructing to file
a signed amended proof (mjj, ) (Entered:
03/18/2008)
03/19/2008 42 CERTIFICATE OF SERVICE
by Veronica Ollier re 41 MOTION to Certify Class
Amended Certificate of Service (Kristen, Elizabeth)
(mjj, ) (Entered: 03/19/2008)
03/21/2008 43 CERTIFICATE OF SERVICE
by Veronica Ollier re 41 MOTION to Certify Class
Second Amended POS (Kristen, Elizabeth) (mjj, )
(Entered: 03/21/2008)
03/24/2008 44 NOTICE - Letter Brief by
Sweetwater Union High School District, Arlie N
Ricasa, Pearl Quinones, Jim Cartmill, Jaime
Mercado, Greg R Sandoval, Jesus M Gandara, Earl
Weins, Russell Moore re 21 Notice (Other), Notice
(Other), Notice (Other), Notice (Other) Opposition to
Motion to Compel (Attachments: # 1 Exhibit 1-10# 2
Exhibit 11-16# 3 Exhibit 17# 4 Exhibit 18-19# 5
Exhibit 20# 6 Exhibit 21-24# 7 Declaration Gil Abed#
8 Proof of Service)(Abed, Gil) Modified on 3/25/2008
to clarify text (mjj, ) (Entered: 03/24/2008)
03/28/2008 45 REPLY re 44 Notice- Letter
Brief filed by Veronica Ollier. (Attachments: # 1 Proof
of Service)(Kristen, Elizabeth) Modified on 4/1/2008
edit text(joeh, ). (Entered: 03/28/2008)
03/28/2008 46 RESPONSE in Opposition
re 41 MOTION to Certify Class filed by Sweetwater
Union High School District, Arlie N Ricasa, Pearl
Quinones, Jim Cartmill, Jaime Mercado, Greg R
Sandoval, Jesus M Gandara, Earl Weins, Russell
Moore. (Attachments: # 1 Proof of Service)(Shinoff,
Daniel). (jah). (Entered: 03/28/2008)
04/02/2008 52 Minute Entry for proceedings
held before Judge William McCurine Jr.: Settlement
Conference held on 4/2/2008. No settlement. Order
Issued.(Plaintiff Attorney Elizabeth Kristen; Erin
Witkow; Cecelia Kim).(Defendant Attorney Daniel
Shinoff; Patrice Coady; Vicky Barley). (rfm) (Entered:
04/10/2008)
04/07/2008 47 REPLY re 41 MOTION to
Certify Class filed by Veronica Ollier. (Attachments:
# 1 Declaration Elizabeth Kristen, Exhibits A-L# 2
Declaration Mary Broughton# 3 Proof of
Service)(Kristen, Elizabeth) (mjj, ) (Entered:
04/07/2008)
04/07/2008 48 NOTICE of Expert Witness
Designation - filed as: Witness List by Arianna
Hernandez, Veronica Ollier, Naudia Rangel, Maritza
Rangel, Amanda Hernandez. (Witkow, Erin) (mjj, )
Modified on 4/8/2008 to clarify text per attorneys
request (mjj, ) (Entered: 04/07/2008)
04/08/2008 49 ORDER re Oral Argument:
Plaintiffs' 41 MOTION to Certify Class is set for
hearing on 4/14/2008. The Court finds this matter
suitable for determination on the papers submitted
and without oral argument. No appearances are
required. Signed by Judge M. James Lorenz on
4/8/2008. (mjj) (Entered: 04/08/2008)
04/08/2008 50 ORDER Following
Settlement Conference: A settlement conference
was held on 4/2/08. No settlement was reached.
The Court sets three telephonic Status
Conferences: for 4/21/2008 09:00 AM, 5/7/08 9:30
AM, and 5/21/08 9:15 AM before Magistrate Judge
William McCurine Jr. Counsel for defendant is
instructed to initiate the call for each telephonic
status conference. Signed by Magistrate Judge
William McCurine Jr. on 4/8/2008. (mjj) (Entered:
04/09/2008)
04/09/2008 51 NOTICE of
Hearing:Telephonic Status Conference set for
4/10/2008 04:30 PM in Courtroom C before
Magistrate Judge William McCurine Jr.. (rab)
(Entered: 04/09/2008)
04/21/2008 53 MOTION to Compel by
Veronica Ollier. (Attachments: # 1 Declaration
Elizabeth Kristen, # 2 Exhibit A-G, # 3 Exhibit H-N, #
4 Exhibit O-V)(Kristen, Elizabeth) Modified on
4/22/2008 - sent DO to chambers re time, p's & a's,
table of content (mjj) (Entered: 04/21/2008)
04/21/2008 54 ORDER Following
Telephonic Status Conference: A telephonic status
conference was held on 4/21/08. The next
telephonic status regarding this issue is scheduled
for 5/7/08 at 9:30 a.m. Signed by Magistrate Judge
William McCurine, Jr on 4/21/2008. (mjj) (Entered:
04/21/2008)
04/30/2008 55 Joint MOTION for Extension
of Time to Complete Discovery (Expert Discovery) by
Arianna Hernandez, Veronica Ollier, Naudia Rangel,
Maritza Rangel, Amanda Hernandez. (Witkow, Erin)
(mjj) Modified on 11/18/2008 to term motion (smv).
(Entered: 04/30/2008)
05/01/2008 56 RESPONSE in Opposition
re 53 MOTION to Compel Further Document
Production filed by Sweetwater Union High School
District, Arlie N Ricasa, Pearl Quinones, Jim
Cartmill, Jaime Mercado, Greg R Sandoval, Jesus
M Gandara, Earl Weins, Russell Moore.
(Attachments: # 1 Declaration Gary Gauger in
Support of Opposition, # 2 Declaration Patrice
Coady in Support of Opposition, # 3 Proof of
Service)(Shinoff, Daniel) (mjj) (Entered: 05/01/2008)
05/07/2008 59 Minute Entry for proceedings
held before Magistrate Judge William McCurine,
Jr:Telephonic Status Conference held on
5/7/2008.(Tape #n/a).(Plaintiff Attorney Elizabeth
Kristen).(Defendant Attorney Dan Shinhoff).(rab)
(Entered: 05/14/2008)
05/12/2008 57 REPLY re 56 Response in
Opposition to Motion, filed by Veronica Ollier.
(Attachments: # 1 Declaration of Cacilia Kim, # 2
Exhibit A-D, # 3 Proof of Service)(Kristen, Elizabeth).
Modified on 5/13/2008 - Filed in Letter format. Not
proper format and not properly captioned in
accordance w/ L.R. 5.1.j.1. Email sent to Atty (jah).
(Entered: 05/12/2008)
05/12/2008 58 ORDER Following
Telephonic Status Conference. A telephonic status
conference was held on May 7, 2008. The next
telephonic status regarding this issue is scheduled
for May 21, 2008, at 9:15 AM. Signed by Magistrate
Judge William McCurine, Jr on 5/12/08. (aje)
(Entered: 05/13/2008)
05/21/2008 60 ORDER Following
Telephonic Status Conference: A telephonic status
conference was held on May 21, 2008. Counsel for
defendants advised the Court of its further findings
regarding construction cost issues. This was the
third and last scheduled telephonic status
regarding this issue. Signed by Magistrate Judge
William McCurine, Jr on 5/21/2008. (mjj) (Entered:
05/21/2008)
05/21/2008 61 Minute Entry for proceedings
held before Magistrate Judge William McCurine,
Jr:Telephonic Status Conference held on
5/21/2008. Court to issue order.(Tape #n/a).(Plaintiff
Attorney Elizabeth Kristen).(Defendant Attorney Dan
Shinhoff).(rab) (Entered: 05/23/2008)
05/27/2008 62 ORDER to Continue Expert
Discovery Deadlines: Expert disclosures shall be
served on all parties on or before September 8,
2008; Any contradictory or rebuttal information shall
be disclosed on or before September 29, 2008; and
Depositions of expert witnesses shall be
completed by all parties on or beforeOctober 31,
2008. Signed by Magistrate Judge William
McCurine, Jr on 5/27/2008. (mjj) (Entered:
05/27/2008)
05/28/2008 64 Minute Entry for proceedings
held before Magistrate Judge William McCurine, Jr:
Telephonic Discovering Hearing set for 5/28/08 at
4:00 p.m. before Magistrate Judge McCurine, Jr. -
not held.(Tape #n/a).(rab) (Entered: 06/09/2008)
06/05/2008 63 MOTION for Protective Order
Stipulated by Veronica Ollier. (Kristen, Elizabeth)
Modified on 6/10/2008 - attorney instructed to refile.
Missing signature and contains proposed
order.(mjj) (Entered: 06/05/2008)
06/12/2008 65 Joint MOTION for Protective
Order Stipulated by Veronica Ollier. (Kristen,
Elizabeth) Modified on 6/13/2008 - sent DO to
chambers re event, signature and proposed order
(mjj) (Entered: 06/12/2008)
07/23/2008 67 Minute Entry for proceedings
held before Magistrate Judge William McCurine, Jr:
Status Conference set for 7/23/08 at 9:00 a.m. is off
calendar. The court will reset the hearing.(Tape
#n/a).(Plaintiff Attorney n/a).(Defendant Attorney
n/a).(rab) (Entered: 07/29/2008)
07/28/2008 66 MOTION for Summary
Adjudication by Veronica Ollier. (Attachments: # 1
Memo of Points and Authorities, # 2 Declaration
Elizabeth Kristen, # 3 Exhibit A-D, # 4 Exhibit E-G, #
5 Exhibit H-L, # 6 Proof of Service)(Kristen,
Elizabeth) Modified on 7/29/2008 - sent email re
exhibits (mjj) (Entered: 07/28/2008)
08/05/2008 68 Joint MOTION to Continue
Summary Judgment Deadlines by Sweetwater
Union High School District. (Shinoff, Daniel) (mjj)
(Entered: 08/05/2008)
08/08/2008 69 ORDER Granting 68 Joint
Motion to Continue Briefing Schedule and Hearing
Date: Defendants' opposition due 9/17/08. Plaintiffs'
reply memorandum due 9/29/08. Plaintiffs' motion
for partial summary judgment is continued until
10/6/08 at 10:30. Signed by Judge M. James Lorenz
on 8/8/2008. (mjj) (Entered: 08/08/2008)
08/08/2008 70 ORDER Following
Telephonic Status Conference: On 8/5/08 a
telephonic hearing regarding discovery was held. A
Settlement Conference is set for 9/8/2008 02:00 PM
before Magistrate Judge William McCurine Jr. A
furhter telephonic Status Conference is set for
8/12/2008 04:30 PM before Magistrate Judge
William McCurine Jr. Signed by Magistrate Judge
William McCurine, Jr on 8/8/2008. (mjj) (Entered:
08/08/2008)
08/12/2008 72 Minute Entry for proceedings
held before Magistrate Judge William McCurine,
Jr:Telephonic Status Conference held on
8/12/2008(Tape #n/a).(Plaintiff Attorney Elizabeth
Kristen).(Defendant Attorney Patricia Coady).(rab)
(Entered: 09/05/2008)
08/25/2008 71 ORDER Granting Motion For
Class Certification (Re Doc. 41 ). Signed by Judge
M. James Lorenz on 8/25/2008. (mdc) (Entered:
08/25/2008)
09/08/2008 73 Amended Case
Management ORDER Regulating Discovery and
Other Pretrial Proceedings: Final Pretrial
Conference set for 1/26/2009 11:00 AM before
Judge M. James Lorenz. Proposed Pretrial Order
due by 1/20/2009. Signed by Magistrate Judge
William McCurine, Jr on 9/8/2008. (mjj) (Entered:
09/08/2008)
09/09/2008 74 ORDER Confirming
Settlement Conference: Pursuant to the last
telephonic status conference the Court has
scheduled a full day settlement conference for
September 10, 2008, at 9:30 a.m. Signed by
Magistrate Judge William McCurine, Jr on 9/9/2008.
(mjj) (Entered: 09/09/2008)
09/10/2008 76 Minute Entry for proceedings
held before Magistrate Judge William McCurine,
Jr:Settlement Conference held on 9/10/2008(Tape
#n/a).(Plaintiff Attorney Elizabeth
Kristen).(Defendant Attorney Dan Shinhoff, Patrice
Coady).(rab) (Entered: 09/26/2008)
09/17/2008 75 RESPONSE in Opposition
re 66 MOTION for Summary Adjudication filed by
Sweetwater Union High School District, Arlie N
Ricasa, Pearl Quinones, Jim Cartmill, Jaime
Mercado, Greg R Sandoval, Jesus M Gandara, Earl
Weins, Russell Moore. (Attachments: # 1
Declaration Paul Van Nostrand, # 2 Declaration
Russell Moore, # 3 Declaration Patrice Coady, # 4
Exhibit List, # 5 Exhibit A-J, # 6 Notice Objections to
Evidence, # 7 Proof of Service)(Shinoff, Daniel) (mjj)
(Entered: 09/17/2008)
09/29/2008 77 ORDER re: Oral Argument:
Plaintiffs' 66 MOTION for Summary Adjudication is
set for hearing on 10/6/08. The Court finds this
matter suitable for determination on the papers
submitted and without oral argument. No
appearances are required. Signed by Judge M.
James Lorenz on 9/29/2008. (mjj) (Entered:
09/29/2008)
09/29/2008 78 REPLY re 75 Response in
Opposition to Motion, 66 MOTION for Summary
Adjudication filed by Veronica Ollier. (Attachments: #
1 Reply Declaration of Elizabeth Kristen and
Exhibits A-R, # 2 Plaintiffs' Response to Defendants
Objections, # 3 Plaintiffs' Objections to Declaration
of Russell Moore, # 4 Proof of Service)(Kristen,
Elizabeth) Modified on 9/30/2008 to clarify text (mjj)
(Entered: 09/29/2008)
10/09/2008 79 Stipulated PROTECTIVE
ORDER. Signed by Magistrate Judge William
McCurine, Jr on 10/09/08. (jpp) (Entered:
10/10/2008)
11/10/2008 80 ORDER Re: Courtesy
Copies: Plaintiffs filed a motion for partial summary
judgment. In response to plaintiffs motion,
defendants filed their opposition consisting of 98
pages 75 . Although plaintiffs have provided the
Court with courtesy copies of their filings,
defendants have not. Defendants are directed to
provide the Court with a courtesy copy of their
complete filing in opposition to plaintiffs motion not
later than noon on November 12, 2008. Failure to
provide a courtesy copy within the time provided
shall result in the filing being stricken from the
record. Signed by Judge M. James Lorenz on
11/10/2008. (mjj) (Entered: 11/10/2008)
11/24/2008 81 MOTION for Discovery by
Veronica Ollier. (Attachments: # 1 Declaration
Declaration of Elizabeth Kristen, # 2 Exhibit Exhibits
A-B, # 3 Exhibit Exhibit C (part 1), # 4 Exhibit Exhibit
C (part 2), # 5 Exhibit Exhibit C (part 3), # 6 Exhibit
Exhibits D-H, # 7 Proof of Service)(Kristen,
Elizabeth) Modified on 11/25/2008 - sent email re
points and authorities and motion format (mjj)
(Entered: 11/24/2008)
11/26/2008 82 Response to Defendants'
November 24, 2008 Brief - filed as: MOTION for
Discovery by Veronica Ollier. (Attachments: # 1
Declaration Reply Declaration of Elizabeth Kristen,
# 2 Exhibit Exhibits A-C, # 3 Exhibit Exhibit D, # 4
Exhibit Exhibits E-F, # 5 Proof of Service Proof of
Service)(Kristen, Elizabeth) Modified on 12/2/2008 -
sent email re correct event (mjj) (Entered:
11/26/2008)
01/05/2009 83 ORDER Vacating Pretrial
Conference Date: On the Court's own motion, the
pretrial conference set for 1/26/09 at 11:00 AM is
Vacated. Dates for the filing of a proposed pretrial
order and pretrial conference will be set after
disposition of the summary adjudication motion.
Signed by Judge M. James Lorenz on 1/5/2009.
(leh) (Entered: 01/05/2009)
01/05/2009 84 PRETRIAL Disclosure by
Sweetwater Union High School District, Arlie N
Ricasa, Pearl Quinones, Jim Cartmill, Jaime
Mercado, Greg R Sandoval, Jesus M Gandara, Earl
Weins, Russell Moore. (Abed, Gil) Modified on
1/6/2009 to clarify text (mjj) (Entered: 01/05/2009)
01/07/2009 85 ORDER: Pursuant to the
vacating of the pretrial conference date, pending
Judge Lorenz's ruling on Plaintiff's motion for
summary judgment, the Court shall stay all pending
dates relating to the preparation for the pretrial
conference. Discovery will continue toward
completion and will continue to be monitored by
Magistrate Judge McCurine. Counsel for Plaintiff is
instructed to contact chambers within three days of
Judge Lorenzs ruling on the pending motion for
summary judgment. Signed by Magistrate Judge
William McCurine, Jr on 1/7/2009. (mjj) (Entered:
01/07/2009)
01/07/2009 86 Minute Entry for proceedings
held before Magistrate Judge William McCurine,
Jr:Telephonic Status Conference held on
1/7/2009.(Tape #n/a).(Plaintiff Attorney Elizabeth
Kristen).(Defendant Attorney Dan Shinoff, Paul
Corelli).(rab) (Entered: 01/12/2009)
Ollier et al v. Sweetwater Union High School District et al
Level the playing field?
Girl athletes sue, claiming boys have more of a
sporting chance
San Diego Union-Tribune
Chris Moran
April 20, 2007
Girl softball players at Castle Park High School in Chula Vista filed a lawsuit
yesterday alleging that they have worse facilities and fewer chances to play
than boy athletes and that their coach was fired when they complained about
it.
A Sweetwater Union High School District spokeswoman said the district had
not yet been served with the lawsuit and had no comment.
The suit asks Sweetwater to upgrade girls' fields and offer more female
teams so girls have a better chance to play competitive sports.
The two lead plaintiffs, Veronica Ollier, 18, and Naudia Rangel, 17, are
scheduled to graduate in June but said they filed suit for future athletes,
including Rangel's sister, who also is a named plaintiff.
“We want (younger athletes) to have better opportunities and facilities so
they can excel in the sport and have the opportunities we never had,” Rangel
said.
The parents and players first approached Castle Park's athletic director last
spring to complain, the suit states. The director responded by saying that the
coach could be fired at any time and for any reason, and the coach was in
fact fired last summer, according to the suit.
Attorneys for the California Women's Law Center in Los Angeles and The
Legal Aid Society Employment Law Center in San Francisco filed the suit on
behalf of the girls.
The 24-page complaint filed in federal court in San Diego asks the school to
fix violations of Title IX, the 35-year-old federal law prohibiting discrimination
on the basis of gender in the field of education.
The girls softball team has “inadequate, and at times dangerous, practice
and competitive facilities,” according to the suit. Because the school does not
adequately maintain the girls' fields, the athletes have been forced to pick up
animal feces and even used condoms to keep the area clean, the suit states.
Among the other allegations of inequality:
**Physical education classes play on the girls' softball field but not on the
boys' baseball field;
**The softball bleachers are scant and shabby compared with those for the
baseball field;
**The boys have two batting cages. The girls had one they raised the money
for themselves, but students have climbed on and ruined it;
**The boys' field is enclosed by security fencing. The girls' field is not, and
non-athletes walk on the field during practice and games.
**Parents have been barred from assisting with softball coaching and from
running a snack stand during games. The prohibitions do not apply to boys'
teams.
Sweetwater spokeswoman Lillian Leopold did not address Castle Park
specifically, but said coaches for all teams, male or female, must undergo
training and background checks.
The district is in the midst of $45,000 worth of improvements to the Castle
Park softball field. The district plans to install new irrigation and grass. The
girls said the district has already provided new infield dirt and dugout roofs.
However, Ollier and Rangel said, the roofs are too small to shield them from
the late afternoon sun and the dirt is not clay as on the boys' field, but
granular soil that hurts when they slide.
“If they're going to add a little bit of dirt to quiet us up, they could at least use
good dirt,” Rangel said.
Girl athletes sue, claiming boys have more of a
sporting chance
San Diego Union-Tribune
Chris Moran
April 20, 2007
Girl softball players at Castle Park High School in Chula Vista filed a lawsuit
yesterday alleging that they have worse facilities and fewer chances to play
than boy athletes and that their coach was fired when they complained about
it.
A Sweetwater Union High School District spokeswoman said the district had
not yet been served with the lawsuit and had no comment.
The suit asks Sweetwater to upgrade girls' fields and offer more female
teams so girls have a better chance to play competitive sports.
The two lead plaintiffs, Veronica Ollier, 18, and Naudia Rangel, 17, are
scheduled to graduate in June but said they filed suit for future athletes,
including Rangel's sister, who also is a named plaintiff.
“We want (younger athletes) to have better opportunities and facilities so
they can excel in the sport and have the opportunities we never had,” Rangel
said.
The parents and players first approached Castle Park's athletic director last
spring to complain, the suit states. The director responded by saying that the
coach could be fired at any time and for any reason, and the coach was in
fact fired last summer, according to the suit.
Attorneys for the California Women's Law Center in Los Angeles and The
Legal Aid Society Employment Law Center in San Francisco filed the suit on
behalf of the girls.
The 24-page complaint filed in federal court in San Diego asks the school to
fix violations of Title IX, the 35-year-old federal law prohibiting discrimination
on the basis of gender in the field of education.
The girls softball team has “inadequate, and at times dangerous, practice
and competitive facilities,” according to the suit. Because the school does not
adequately maintain the girls' fields, the athletes have been forced to pick up
animal feces and even used condoms to keep the area clean, the suit states.
Among the other allegations of inequality:
**Physical education classes play on the girls' softball field but not on the
boys' baseball field;
**The softball bleachers are scant and shabby compared with those for the
baseball field;
**The boys have two batting cages. The girls had one they raised the money
for themselves, but students have climbed on and ruined it;
**The boys' field is enclosed by security fencing. The girls' field is not, and
non-athletes walk on the field during practice and games.
**Parents have been barred from assisting with softball coaching and from
running a snack stand during games. The prohibitions do not apply to boys'
teams.
Sweetwater spokeswoman Lillian Leopold did not address Castle Park
specifically, but said coaches for all teams, male or female, must undergo
training and background checks.
The district is in the midst of $45,000 worth of improvements to the Castle
Park softball field. The district plans to install new irrigation and grass. The
girls said the district has already provided new infield dirt and dugout roofs.
However, Ollier and Rangel said, the roofs are too small to shield them from
the late afternoon sun and the dirt is not clay as on the boys' field, but
granular soil that hurts when they slide.
“If they're going to add a little bit of dirt to quiet us up, they could at least use
good dirt,” Rangel said.
Judge rules school shows bias in sports
By Brent Schrotenboer
San Diego Union-Tribune
April 2, 2009
A federal judge has ruled that Castle Park High School has allowed “significant
gender-based disparity” in sports at the expense of female athletes.
In a summary judgment this week, U.S. District Court Judge M. James Lorenz
ruled that Castle Park is not in compliance with Title IX, the 37-year-old federal
law that forbids sex discrimination in any education program or activity receiving
federal funds...
The remaining claims will go forward in court, including one that the district
retaliated against the plaintiffs by firing their coach after they complained of
discrimination.
The plaintiffs showed that while female enrollment at Castle Park was 45
percent to 50 percent since 1998, female participation in athletics was 33
percent to 41 percent during those years...
Over the past 11 years in the county, the Ramona school district, Mesa College
and the Grossmont Union High School District have faced similar legal
complaints involving Title IX and subpar softball facilities.
By Brent Schrotenboer
San Diego Union-Tribune
April 2, 2009
A federal judge has ruled that Castle Park High School has allowed “significant
gender-based disparity” in sports at the expense of female athletes.
In a summary judgment this week, U.S. District Court Judge M. James Lorenz
ruled that Castle Park is not in compliance with Title IX, the 37-year-old federal
law that forbids sex discrimination in any education program or activity receiving
federal funds...
The remaining claims will go forward in court, including one that the district
retaliated against the plaintiffs by firing their coach after they complained of
discrimination.
The plaintiffs showed that while female enrollment at Castle Park was 45
percent to 50 percent since 1998, female participation in athletics was 33
percent to 41 percent during those years...
Over the past 11 years in the county, the Ramona school district, Mesa College
and the Grossmont Union High School District have faced similar legal
complaints involving Title IX and subpar softball facilities.
Shame on San Diego
County Office of
Education-Joint Powers
Authority and its member
school districts for helping
schools to ignore the law
and, even worse, to
engage in retaliation
against those who
complain about violations
of law.
Instead of wasting tax
dollars in endless
litigation, SDCOE lawyers
should have settled this
case and many other
cases. Even worse is
systematic removal of
good school employees
when school districts
retaliate against those who
complained. The Castle
Park High case in
Sweetwater Union High
School District (see story
below) is all too familiar.
County Office of
Education-Joint Powers
Authority and its member
school districts for helping
schools to ignore the law
and, even worse, to
engage in retaliation
against those who
complain about violations
of law.
Instead of wasting tax
dollars in endless
litigation, SDCOE lawyers
should have settled this
case and many other
cases. Even worse is
systematic removal of
good school employees
when school districts
retaliate against those who
complained. The Castle
Park High case in
Sweetwater Union High
School District (see story
below) is all too familiar.
Sweetwater Union High School District
Title IX lawsuit re Castle Park High School
Title IX lawsuit re Castle Park High School
Home
Site Map
Why This Website
Stutz Artiano Shinoff
& Holtz v. Maura
Larkins defamation
SDCOE
CVESD
Castle Park Elem
Law Enforcement
CTA
CVE
Stutz Artiano Shinoff
& Holtz
Silence is Golden
Schools and Violence
Office Admin Hearings
Larkins OAH Hearing
Site Map
Why This Website
Stutz Artiano Shinoff
& Holtz v. Maura
Larkins defamation
SDCOE
CVESD
Castle Park Elem
Law Enforcement
CTA
CVE
Stutz Artiano Shinoff
& Holtz
Silence is Golden
Schools and Violence
Office Admin Hearings
Larkins OAH Hearing
Gender-equality lawsuit costly for Sweetwater
By Ashly McGlone
February 23, 2011
Sweetwater Union High School District has boosted its legal services budget by $800,000.
Superintendent Jesus Gandara asked trustees last week to approve an $800,000 increase
to the legal services budget from the district’s reserve as the South County school system is
looking to close a $24 million shortfall in next year’s budget.
The rationale for the increase was tied to gender-equality litigation the district is working to
resolve.
The district’s insurance policy on the case covered up to $850,000 in attorneys fees, a limit
which already has been exceeded by $300,000. A measure asking for the increase stated
the money would have gone into the legal services fund to “replenish the legal services
account and accommodate future invoices.”
That wasn’t specific enough for trustees, who called for an amendment to the item
specifying that the money be expended solely on the Title IX case. No part of the money
may be used toward other legal fees or firms.
By Ashly McGlone
February 23, 2011
Sweetwater Union High School District has boosted its legal services budget by $800,000.
Superintendent Jesus Gandara asked trustees last week to approve an $800,000 increase
to the legal services budget from the district’s reserve as the South County school system is
looking to close a $24 million shortfall in next year’s budget.
The rationale for the increase was tied to gender-equality litigation the district is working to
resolve.
The district’s insurance policy on the case covered up to $850,000 in attorneys fees, a limit
which already has been exceeded by $300,000. A measure asking for the increase stated
the money would have gone into the legal services fund to “replenish the legal services
account and accommodate future invoices.”
That wasn’t specific enough for trustees, who called for an amendment to the item
specifying that the money be expended solely on the Title IX case. No part of the money
may be used toward other legal fees or firms.
Court Turns Away School District’s ‘Need’
Argument in Title IX Case
Sports Litigation Alert Archives
September 26, 2008
Veronica Ollier, et al., v. Sweetwater Union High School District, et al.;
S.D.Cal.;
Civil No. 07cv714-L(WMc), 2008 U.S. Dist. LEXIS 65158; 8/25/08
Attorneys of Record: (for plaintiffs) Elizabeth Kristen, Legal Aid Soc-Emp
Law Ctr, San Francisco, CA; Erin Cranman Witkow of Manatt Phelps and
Phillips, Los Angeles, CA; (for defendants) Daniel R. Shinoff, Gil Abed,
Patricia Michelle of Coady, Stutz Artiano Shinoff and Holtz, San Diego, CA.
A federal judge has granted class certification to a group of female
high school students who participate or could have participated in athletics
were it not for allegedly discriminatory practices at their school.
The plaintiffs initially filed a lawsuit against the Sweetwater Union High School
District and several officials, including the school principal, in April 2007. The
suit alleged that the high school unfairly favors boys’ sports over girls’ sports
by giving the boys better athletic facilities, resources, and opportunities.
“The school treats us like we are inferior to the boys,” Naudia Rangel, a
senior softball player at Castle Park High School, said in a statement. “The
boys’ baseball field is in great shape, and we are not allowed on it. All we want
is to play on fields of the same quality and have the same equipment the boys
get automatically.”
The students sought injunctive relief under Title IX of the 1972 Education
Amendments, which bars sex discrimination in education, including athletic
programs. They further demanded that the school officials immediately
implement an affirmative plan to remedy the disparities.
In the complaint, they alleged that the boys’ football and baseball teams are
given superior playing and practice facilities, which have dedicated locker
rooms for just the football team and have access to the best athletic
amenities. Female athletes were allegedly denied the use of the boys’ playing
fields and the two best batting cages. “The girls must practice and play in
facilities that are overused, rundown, and, in the case of the softball field,
barely maintained and missing proper bleachers and a complete dugout.
“Instead of addressing the stark discrepancy between the girls’ and boys’
facilities,” maintained the plaintiffs, “the Sweetwater Union High School
District further discriminated against female athletes. Approximately
$500,000 was spent to construct and maintain a roller hockey rink for the
boys’ team, even while the school refused to provide equitable athletic
facilities or access to the superior facilities to the existing girls’ teams.
“When parents and students complained about Title IX violations, Castle
Park High School made minor cosmetic changes to the softball field but
refused to allow the girls to use the boys’ facilities or to improve the girls’
facilities to make them comparable to the boys’. The administration retaliated
against the girls by firing their highly qualified and beloved coach and
refusing to allow qualified parents to assist the new coach, despite the fact
the football team was still allowed to have parent coaches.”
As the litigation progressed, the plaintiffs moved for class certification under
Federal Rule of Civil Procedure 23(a) and (b)(2). The defendants opposed
the motion, even though they agreed that plaintiffs have met the requirements
for class certification set forth in Rule 23(a) and (b)(2). Their argument was
based on the fact that the court has “discretion to deny the motion based
upon other considerations bearing on the issues, such as the ‘need’ or
‘necessity’ for class certification.”
Specifically, the defendants contended that “a class in this case is
unnecessary because all class members will benefit from an injunction issued
on behalf of the named plaintiffs even if the class is not certified. In essence,
defendants contend ‘for all practical purposes’, the relief requested can be
obtained through an individual injunction without the ‘complications of a class
action’ and its attendant formality.
“There is no requirement in the Ninth Circuit that the ‘need’ for an injunction
be considered in certifying a class. But even if the court conducted a
‘necessity’ analysis here, plaintiffs are in need of class certification. As
plaintiffs correctly advance, a certified class action is the proper method for
class-wide injunctive relief. Zepeda v. INS, 753 F.2d 719, 728 n.1 (9th Cir.
1983). Because this case concerns students who may, inter alia, move,
transfer, or graduate, mootness is an important and real concern. Granting
class certification also suspends the statute of limitations as to all individuals
who could be members of the class. Any class member may seek to enforce a
judgment. Because class actions require court approval of the settlement,
class members obtain additional protection in the form of notice to the class.
Certification would also permit consideration of evidentiary materials that
could otherwise be excluded. Although defendants contend class treatment
will needlessly complicate and hinder judicial efficiency, they make no showing
that is an accurate assessment here.
“The court declines to invoke the ‘need’ factor in determining whether class
certification is appropriate. But even when necessity is considered, class
certification is warranted in this case for the reasons set forth above.”
Argument in Title IX Case
Sports Litigation Alert Archives
September 26, 2008
Veronica Ollier, et al., v. Sweetwater Union High School District, et al.;
S.D.Cal.;
Civil No. 07cv714-L(WMc), 2008 U.S. Dist. LEXIS 65158; 8/25/08
Attorneys of Record: (for plaintiffs) Elizabeth Kristen, Legal Aid Soc-Emp
Law Ctr, San Francisco, CA; Erin Cranman Witkow of Manatt Phelps and
Phillips, Los Angeles, CA; (for defendants) Daniel R. Shinoff, Gil Abed,
Patricia Michelle of Coady, Stutz Artiano Shinoff and Holtz, San Diego, CA.
A federal judge has granted class certification to a group of female
high school students who participate or could have participated in athletics
were it not for allegedly discriminatory practices at their school.
The plaintiffs initially filed a lawsuit against the Sweetwater Union High School
District and several officials, including the school principal, in April 2007. The
suit alleged that the high school unfairly favors boys’ sports over girls’ sports
by giving the boys better athletic facilities, resources, and opportunities.
“The school treats us like we are inferior to the boys,” Naudia Rangel, a
senior softball player at Castle Park High School, said in a statement. “The
boys’ baseball field is in great shape, and we are not allowed on it. All we want
is to play on fields of the same quality and have the same equipment the boys
get automatically.”
The students sought injunctive relief under Title IX of the 1972 Education
Amendments, which bars sex discrimination in education, including athletic
programs. They further demanded that the school officials immediately
implement an affirmative plan to remedy the disparities.
In the complaint, they alleged that the boys’ football and baseball teams are
given superior playing and practice facilities, which have dedicated locker
rooms for just the football team and have access to the best athletic
amenities. Female athletes were allegedly denied the use of the boys’ playing
fields and the two best batting cages. “The girls must practice and play in
facilities that are overused, rundown, and, in the case of the softball field,
barely maintained and missing proper bleachers and a complete dugout.
“Instead of addressing the stark discrepancy between the girls’ and boys’
facilities,” maintained the plaintiffs, “the Sweetwater Union High School
District further discriminated against female athletes. Approximately
$500,000 was spent to construct and maintain a roller hockey rink for the
boys’ team, even while the school refused to provide equitable athletic
facilities or access to the superior facilities to the existing girls’ teams.
“When parents and students complained about Title IX violations, Castle
Park High School made minor cosmetic changes to the softball field but
refused to allow the girls to use the boys’ facilities or to improve the girls’
facilities to make them comparable to the boys’. The administration retaliated
against the girls by firing their highly qualified and beloved coach and
refusing to allow qualified parents to assist the new coach, despite the fact
the football team was still allowed to have parent coaches.”
As the litigation progressed, the plaintiffs moved for class certification under
Federal Rule of Civil Procedure 23(a) and (b)(2). The defendants opposed
the motion, even though they agreed that plaintiffs have met the requirements
for class certification set forth in Rule 23(a) and (b)(2). Their argument was
based on the fact that the court has “discretion to deny the motion based
upon other considerations bearing on the issues, such as the ‘need’ or
‘necessity’ for class certification.”
Specifically, the defendants contended that “a class in this case is
unnecessary because all class members will benefit from an injunction issued
on behalf of the named plaintiffs even if the class is not certified. In essence,
defendants contend ‘for all practical purposes’, the relief requested can be
obtained through an individual injunction without the ‘complications of a class
action’ and its attendant formality.
“There is no requirement in the Ninth Circuit that the ‘need’ for an injunction
be considered in certifying a class. But even if the court conducted a
‘necessity’ analysis here, plaintiffs are in need of class certification. As
plaintiffs correctly advance, a certified class action is the proper method for
class-wide injunctive relief. Zepeda v. INS, 753 F.2d 719, 728 n.1 (9th Cir.
1983). Because this case concerns students who may, inter alia, move,
transfer, or graduate, mootness is an important and real concern. Granting
class certification also suspends the statute of limitations as to all individuals
who could be members of the class. Any class member may seek to enforce a
judgment. Because class actions require court approval of the settlement,
class members obtain additional protection in the form of notice to the class.
Certification would also permit consideration of evidentiary materials that
could otherwise be excluded. Although defendants contend class treatment
will needlessly complicate and hinder judicial efficiency, they make no showing
that is an accurate assessment here.
“The court declines to invoke the ‘need’ factor in determining whether class
certification is appropriate. But even when necessity is considered, class
certification is warranted in this case for the reasons set forth above.”
San Diego
Education Report
Education Report
Dan Shinoff instructs school attorneys in how to handle issues regarding athletics.