Case: K.C. v. O'Connell

3:05-cv-04077 | U.S. District Court for the Northern District of California

Filed Date: Oct. 11, 2005

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On October 11, 2005, students from various district of California public schools filed this class action suit, in conjunction with the American Diabetes Association, in the United States District Court of the Northern District of California. The suit was filed under Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act, and the Individuals with Disabilities Education Act against the California Department of Education and various school districts througho…

On October 11, 2005, students from various district of California public schools filed this class action suit, in conjunction with the American Diabetes Association, in the United States District Court of the Northern District of California. The suit was filed under Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act, and the Individuals with Disabilities Education Act against the California Department of Education and various school districts throughout California. The plaintiffs, represented by private counsel as well as the Disability Rights Education & Defense Fund, asked the court for class action certification and an injunction compelling districts to provide all children with diabetes care to enable them to access education.

The plaintiffs claimed that the school districts, often not having a full-time nurse on duty, were not providing appropriate care and management of diabetes for students with the disease. The students, who often cannot administer or monitor their own glucose levels, were either made to change their physician-mandated medical plans due to the schools' lack of resources, miss large amounts of class time while waiting in the office for a family member to come to school to administer an insulin shot, or to miss school due to lack of resources for monitoring blood sugar and administering insulin shots, among other consequences. The plaintiffs claim that this denies them a free and appropriate education in the least restrictive environment possible due to a physical disability, violating the above statutes.

By August 2007, the plaintiffs had reached settlement agreements with various parties and had dismissed the complaints against the defendants. A 2007 Legal Advisory of the California Department of Education states that the settlement agreement, among other things, requires California public schools to provide management of diabetes and administer insulin in accordance with the child's physician's management plan. The 2007 Legal Advisory also notes that school placement cannot be based on the unwillingness of a school to provide for a child with diabetes and that plans must be individualized.

In an offshoot of this litigation, American Nurses Assn. v. Torlakson, a group of nurses challenged the 2007 Legal Advisory as in violation of state law. A trial and appellate court agreed, but the California Supreme Court reversed, explaining that "California law does permit trained, unlicensed school personnel to administer prescription medications, including insulin, in accordance with written statements of individual students' treating physicians, with parental consent (Ed. Code §§ 49423, 49423.6; tit. 5 §§ 600-611.)..." American Nurses Association v. Tom Torlakson, 57 Cal.4th 570 (2013), 591. The settlement therefore survived that state court challenge.

On April 20, 2012, the District Court (Judge Maxime M. Chesney) denied a motion by the plaintiff for attorney's fees and expenses for ongoing monitoring of defendants' compliance on the grounds that the court lacked jurisdiction. 2012 WL 1380243. That decision was overturned by the United States Court of Appeals for the Ninth Circuit in an opinion by Judge Nguyen on August 11, 2014, which affirmed the District Court's jurisdiction over the matter and remanded to the District Court to decide whether or not to award attorneys' fees to the plaintiffs. 762 F.3d 963.

On remand, on March 20, 2015, Judge Chesney held that attorneys fees were appropriate; the parties then settled the fee issues and the case was dismissed on July 1, 2015.

Summary Authors

Claire Lally (10/9/2014)

Related Cases

American Nurses Assoc. v. Torlakson, California state trial court (2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5737780/parties/kc-v-oconnell/


Judge(s)

Chesney, Maxine M. (California)

Attorney for Plaintiff

Brorby, Donna (California)

Cummings, Larisa M. (California)

Attorney for Defendant

Alberts, Katherine A. (California)

Edrington, Peter Pratt (California)

Expert/Monitor/Master/Other

Documents in the Clearinghouse

Documents in this case

3:05-cv-04077

Docket

July 1, 2015

July 1, 2015

Docket
1

3:05-cv-04077

Civil Rights Complaint for Declaratory and Injunctive Relief (Class Action)

Oct. 11, 2005

Oct. 11, 2005

Complaint
84

3:05-cv-04077

Request for Dismissal with Prejudice and Order

April 16, 2007

April 16, 2007

Order/Opinion

Legal Advisory for K.C. Settlement Agreement

No Court

April 15, 2011

April 15, 2011

Press Release
124

3:05-cv-04077

Order Denying Plaintiffs' Motion For Attorneys' Fees and Expenses

K.C. v. Tom Torlakson

April 20, 2012

April 20, 2012

Order/Opinion

2012 WL 1380243

Updated Legal Advisory for K.C. Settlement Agreement

[No case name]

No Court

Nov. 6, 2013

Nov. 6, 2013

Settlement Agreement
23-1

0:12-16178

Opinion

K.C. v. Tom Torlakson

U.S. Court of Appeals for the Ninth Circuit

Aug. 11, 2014

Aug. 11, 2014

Order/Opinion

762 F.3d 963

153

3:05-cv-04077

Order Granting in Part and Deferring in Part Ruling on Plaintiffs' Motion for Attorneys' Fees and Expenses

K.C.. v. O'Connell

March 20, 2015

March 20, 2015

Order/Opinion
176

3:05-cv-04077

Request for Dismissal With Prejudice

K.C. v. Torlakson

June 29, 2015

June 29, 2015

Pleading / Motion / Brief
177

3:05-cv-04077

Dismissal With Prejudice

July 1, 2015

July 1, 2015

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5737780/kc-v-oconnell/

Last updated April 7, 2025, 4:02 p.m.

ECF Number Date Description Link
1 Oct. 11, 2005

CIVIL RIGHTS COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF (CLASS ACTION) DEMAND FOR JURY TRIAL against Jack O'Connell, Ruth E. Green, Glee Johnson, Alan Bersin, Ruth Bloom, Yvonne Chan, Donald G. Fisher, Kenneth Noonan, Joe Nunez, Bonnie Reiss, Jonathan Williams, The Board of Education of the State of California, California Department of Education, Robert Kessler, Joan Buchanan, Nancy Petsuch, Bill Clarkson, Paul Gardner, Greg Marvel, Board of Trustees of the San Ramon Valley Unified School District, San Ramon Valley Unified School District, Douglas Gephart, Peggy Herndon, Larry Sweeney, Nina Moore, Guy Emanuele, Ivy Wu, Board of Trustees of the Fremont Unified School District, Fremont Unified School District ( Filing fee $ 250.00, receipt number 3377256.). Filed byM. C., K. F., K. C., American Diabetes Association, A. A. (aaa, Court Staff) (Filed on 10/11/2005) Additional attachment(s) added on 10/13/2005 (aaa, Court Staff). Additional attachment(s) added on 10/13/2005 (aaa, Court Staff). Additional attachment(s) added on 10/13/2005 (aaa, Court Staff). Additional attachment(s) added on 10/13/2005 (aaa, Court Staff). (Entered: 10/12/2005)

PACER
2 Oct. 11, 2005

Scheduling Order for Cases Asserting Denial of Right of Access under Americans with Disabilities Act. Signed by Judge Maxine M. Chesney on 10/11/05. (aaa, Court Staff) (Filed on 10/11/2005) (Entered: 10/12/2005)

PACER
Oct. 11, 2005

Summons Issued as to Jack O'Connell, Ruth E. Green, Glee Johnson, Alan Bersin, Ruth Bloom, Yvonne Chan, Donald G. Fisher, Kenneth Noonan, Joe Nunez, Bonnie Reiss, Jonathan Williams, The Board of Education of the State of California, California Department of Education, Robert Kessler, Joan Buchanan, Nancy Petsuch, Bill Clarkson, Paul Gardner, Greg Marvel, Board of Trustees of the San Ramon Valley Unified School District, San Ramon Valley Unified School District, Douglas Gephart, Peggy Herndon, Larry Sweeney, Nina Moore, Guy Emanuele, Ivy Wu, Board of Trustees of the Fremont Unified School District, Fremont Unified School District. (aaa, Court Staff) (Filed on 10/11/2005) (Entered: 10/12/2005)

PACER
Oct. 11, 2005

CASE DESIGNATED for Electronic Filing. (aaa, Court Staff) (Filed on 10/11/2005) (Entered: 10/12/2005)

PACER
4 Oct. 27, 2005

CLERK'S NOTICE: This case is NOT related to C96−4179 TEH. (rbe, COURT STAFF) (Filed on 10/27/2005) (Entered: 10/27/2005)

PACER
5 Nov. 2, 2005

MOTION for Preliminary Injunction ; Memorandum of Points and Authorities in Support Thereof filed by M. C., K. F., K. C., American Diabetes Association, A. A.. Motion Hearing set for 12/9/2005 09:00 AM in Courtroom 7, 19th Floor, San Francisco. (Philpot, Kenneth) (Filed on 11/2/2005) (Entered: 11/02/2005)

PACER
6 Nov. 2, 2005

Appendix re 5 MOTION for Preliminary Injunction ; Memorandum of Points and Authorities in Support Thereof : Appendix of Administrative Authorities filed byM. C., K. F., K. C., American Diabetes Association, A. A.. (Attachments: # 1 Exhibit)(Related document(s) 5 ) (Philpot, Kenneth) (Filed on 11/2/2005) (Entered: 11/02/2005)

PACER
7 Nov. 2, 2005

*** FILED IN ERROR. PLEASE SEE DOCKET # 8 . *** Declaration of Kurtis J. Kearl in Support if 5 Motion for Preliminary Injunction filed by M. C., K. F., K. C., American Diabetes Association, A. A.. Motion Hearing set for 12/9/2005 09:00 AM in Courtroom 7, 19th Floor, San Francisco. (Kearl, Kurtis) (Filed on 11/2/2005) Modified on 11/3/2005 (aaa, Court Staff). Modified on 11/3/2005 (ewn, COURT STAFF). (Entered: 11/02/2005)

PACER
8 Nov. 2, 2005

Declaration of Kurtis J. Kearl in Support of 5 MOTION for Preliminary Injunction ; Memorandum of Points and Authorities in Support Thereof CORRECTION OF DOCKET #7 filed byM. C., K. F., K. C., American Diabetes Association, A. A.. (Related document(s) 5 ) (Kearl, Kurtis) (Filed on 11/2/2005) (Entered: 11/02/2005)

PACER
9 Nov. 2, 2005

Request for Judicial Notice re 5 MOTION for Preliminary Injunction ; Memorandum of Points and Authorities in Support Thereof filed byM. C., K. F., K. C., American Diabetes Association, A. A.. (Attachments: # 1 Exhibit Part 1 of 9# 2 Exhibit Part 2 of 9# 3 Exhibit Part 3 of 9# 4 Exhibit Part 4 of 9# 5 Exhibit Part 5 of 9# 6 Exhibit Part 6 of 9# 7 Exhibit Part 7 of 9# 8 Exhibit Part 8 of 9# 9 Exhibit Part 9 of 9)(Related document(s) 5 ) (Philpot, Kenneth) (Filed on 11/2/2005) (Entered: 11/02/2005)

PACER
10 Nov. 2, 2005

Proposed Order re 5 MOTION for Preliminary Injunction ; Memorandum of Points and Authorities in Support Thereof by M. C., K. F., K. C., American Diabetes Association, A. A.. (Philpot, Kenneth) (Filed on 11/2/2005) (Entered: 11/02/2005)

PACER
11 Nov. 2, 2005

*** FILED IN ERROR. PLEASE SEE DOCKET # 18 . *** Declaration of Barbara W. in Support of 5 MOTION for Preliminary Injunction ; Memorandum of Points and Authorities in Support Thereof filed byM. C., K. F., K. C., American Diabetes Association, A. A.. (Related document(s) 5 ) (Philpot, Kenneth) (Filed on 11/2/2005) Modified on 11/3/2005 (aaa, Court Staff). Modified on 11/3/2005 (ewn, COURT STAFF). (Entered: 11/02/2005)

PACER
12 Nov. 2, 2005

Declaration of Stacey A. in Support of 5 MOTION for Preliminary Injunction ; Memorandum of Points and Authorities in Support Thereof filed byM. C., K. F., K. C., American Diabetes Association, A. A.. (Related document(s) 5 ) (Philpot, Kenneth) (Filed on 11/2/2005) (Entered: 11/02/2005)

PACER
13 Nov. 2, 2005

Declaration of Laurie C. in Support of 5 MOTION for Preliminary Injunction ; Memorandum of Points and Authorities in Support Thereof filed byM. C., K. F., K. C., American Diabetes Association, A. A.. (Related document(s) 5 ) (Philpot, Kenneth) (Filed on 11/2/2005) (Entered: 11/02/2005)

PACER
14 Nov. 2, 2005

Declaration of Laurie C. in Support of 5 MOTION for Preliminary Injunction ; Memorandum of Points and Authorities in Support Thereof − Supplemental Declaration filed byM. C., K. F., K. C., American Diabetes Association, A. A.. (Related document(s) 5 ) (Philpot, Kenneth) (Filed on 11/2/2005) (Entered: 11/02/2005)

PACER
15 Nov. 2, 2005

Declaration of Sheree F. in Support of 5 MOTION for Preliminary Injunction ; Memorandum of Points and Authorities in Support Thereof filed byM. C., K. F., K. C., American Diabetes Association, A. A.. (Related document(s) 5 ) (Philpot, Kenneth)

PACER
17 Nov. 2, 2005

Declaration of Anna E. Sandstrom, M.D. in Support of 5 MOTION for Preliminary Injunction ; Memorandum of Points and Authorities in Support Thereof filed byM. C., K. F., K. C., American Diabetes Association, A. A.. (Related document(s) 5 ) (Philpot, Kenneth) (Filed on 11/2/2005) (Entered: 11/02/2005)

PACER
18 Nov. 2, 2005

Declaration of Erica C. in Support of 5 MOTION for Preliminary Injunction ; Memorandum of Points and Authorities in Support Thereof CORRECTION OF DOCKET # 11 filed byM. C., K. F., K. C., American Diabetes Association, A. A.. (Related document(s) 5 ) (Philpot, Kenneth) (Filed on 11/2/2005) (Entered: 11/02/2005)

PACER
19 Nov. 2, 2005

Declaration of Francine Kaufman, M.D. in Support of 5 MOTION for Preliminary Injunction ; Memorandum of Points and Authorities in Support Thereof filed byM. C., K. F., K. C., American Diabetes Association, A. A.. (Related document(s) 5 ) (Philpot, Kenneth) (Filed on 11/2/2005) (Entered: 11/02/2005)

PACER
20 Nov. 2, 2005

Declaration of James A. Stone in Support of 5 MOTION for Preliminary Injunction ; Memorandum of Points and Authorities in Support Thereof filed byM. C., K. F., K. C., American Diabetes Association, A. A.. (Related document(s) 5 ) (Philpot, Kenneth) (Filed on 11/2/2005) (Entered: 11/02/2005)

PACER
21 Nov. 2, 2005

DUPLICATE OF DOCKET NUMBER 11 Declaration of Barbara W. in Support of 5 MOTION for Preliminary Injunction ; Memorandum of Points and Authorities in Support Thereof filed byM. C., K. F., K. C., American Diabetes Association, A. A.. (Related document(s) 5 ) (Philpot, Kenneth) (Filed on 11/2/2005) Modified on 11/3/2005 (aaa, Court Staff). (Entered: 11/02/2005)

PACER
22 Nov. 2, 2005

Declaration of Tiffany D. in Support of 5 MOTION for Preliminary Injunction ; Memorandum of Points and Authorities in Support Thereof filed byM. C., K. F., K. C., American Diabetes Association, A. A.. (Related document(s) 5 ) (Philpot, Kenneth) (Filed on 11/2/2005) (Entered: 11/02/2005)

PACER
23 Nov. 2, 2005

Declaration of Lynn T. in Support of 5 MOTION for Preliminary Injunction ; Memorandum of Points and Authorities in Support Thereof filed byM. C., K. F., K. C., American Diabetes Association, A. A.. (Related document(s) 5 ) (Philpot, Kenneth) (Filed on 11/2/2005) (Entered: 11/02/2005)

PACER
24 Nov. 2, 2005

CERTIFICATE OF SERVICE by M. C., K. F., K. C., American Diabetes Association, A. A. re 5 MOTION for Preliminary Injunction ; Memorandum of Points and Authorities in Support Thereof (Philpot, Kenneth) (Filed on 11/2/2005) (Entered: 11/02/2005)

PACER
Nov. 2, 2005

Docket Number re 11 Declaration of Erica C. in Support, was erroneously e−filed the true attachment is a Declaration of Barbara W. 7 First MOTION for Preliminary Injunction Declaration of Kurtis J. Kearl in Support, was erroneously e−filed the true attachment is a Declaration of Kurtis J. Kearl 21 Declaration Barbara W. in Support, was erroneously e−filed as a duplicate of Docket number 11 . The civil docket has been corrected to reflect the true attachments and the erroneous 7 Motion has been terminated. (aaa, Court Staff) (Filed on 11/2/2005) (Entered: 11/03/2005)

PACER
25 Nov. 22, 2005

STIPULATION AND [PROPOSED] ORDER VACATING HEARING DATE by M. C., K. F., K. C., American Diabetes Association, A. A.. (Kearl, Kurtis) (Filed on 11/22/2005) Modified on 11/23/2005 (aaa, Court Staff). (Entered: 11/22/2005)

PACER
26 Nov. 28, 2005

STIPULATION AND ORDER continuing hearing on 5 motion for preliminary injunction from December 9, 2005 to January 27, 2006 at 9:00 a.m. Signed by Judge Maxine M. Chesney on 11/28/2005. (mmclc2, COURT STAFF) (Filed on 11/28/2005)

RECAP
27 Jan. 5, 2006

STIPULATION VACATING AND CONTINUING CASE MANAGEMENT CONFERENCE, INITIAL DISCLOSURE DEADLINE AND PRELIMINARY INJUNCTION HEARING DATE AND [PROPOSED] ORDER by M. C., K. F., K. C., American Diabetes Association, A. A.. (Wood, James) (Filed on 1/5/2006) (Entered: 01/05/2006)

PACER
28 Jan. 5, 2006

STIPULATION AND ORDER continuing case management conference and hearing on 5 motion for preliminary injunction to March 3, 2006 at 9:00 a.m. Signed by Judge Maxine M. Chesney on 1/5/2006. (mmclc2, COURT STAFF) (Filed on 1/5/2006)

RECAP
Jan. 9, 2006

Set Deadlines/Hearings: Case Management Conference Continued for 3/3/2006 09:00 AM. Re 28 Stipulation Order (aaa, Court Staff) (Filed on 1/9/2006) (Entered: 01/09/2006)

PACER
Jan. 9, 2006

Set/Reset Deadlines as to 5 MOTION for Preliminary Injunction ; Memorandum of Points and Authorities in Support Thereof . Motion Hearing set for 3/3/2006 09:00 AM. Re 28 Stipulation and Order (aaa, Court Staff) (Filed on 1/9/2006) (Entered: 01/09/2006)

PACER
29 Jan. 10, 2006

NOTICE by K. C. re 28 Stipulation and Order Notice of Entry of Order (Wood, James) (Filed on 1/10/2006) (Entered: 01/10/2006)

PACER
30 Feb. 15, 2006

STIPULATION and [PROPOSED] ORDER Vacating and Continuing Case Management Conference and Hearing Date by K. C.. (Wood, James) (Filed on 2/15/2006) Modified on 2/23/2006 (aaa, Court Staff). (Entered: 02/15/2006)

PACER
31 Feb. 15, 2006

Proposed Order re 30 Stipulation Vacating and Continuing Case Management Conference and Hearing Date by K. C.. (Wood, James) (Filed on 2/15/2006) (Entered: 02/15/2006)

PACER
32 Feb. 15, 2006

STIPULATION AND ORDER continuing case management conference and hearing on 5 motion for preliminary injunction to April 7, 2006 at 9:00 a.m. The parties shall file a joint case management statement no later than March 31, 2006. Signed by Judge Maxine M. Chesney on 2/15/2006. (mmclc2, COURT STAFF) (Filed on 2/15/2006)

RECAP
Feb. 15, 2006

Set/Reset Deadlines as to 5 MOTION for Preliminary Injunction ; Memorandum of Points and Authorities in Support Thereof . Motion Hearing Continued for 4/7/2006 09:00 AM. Re 32 Stipulation and Order (aaa, Court Staff) (Filed on 2/15/2006) (Entered: 02/23/2006)

PACER
Feb. 15, 2006

Set Deadlines/Hearings: A Joint Case Management Statement due by 3/31/2006. Case Management Conference Continued for 4/7/2006 09:00 AM. Re 32 Stipulation and Order (aaa, Court Staff) (Filed on 2/15/2006) (Entered: 02/23/2006)

PACER
33 Feb. 16, 2006

NOTICE by K. C. of Entry of Order (Wood, James) (Filed on 2/16/2006) (Entered: 02/16/2006)

PACER
34 March 23, 2006

MOTION for Preliminary Injunction Pltfs' Request To Take Hearing Off Calendar filed by K. C.. Motion Hearing set for 4/7/2006 09:00 AM in Courtroom 7, 19th Floor, San Francisco. (Wood, James) (Filed on 3/23/2006) (Entered: 03/23/2006)

PACER
35 March 23, 2006

[Proposed] Order Re Pltfs' 34 Request To Take Hearing Off Calendar filed by K. C. Motion Hearing set for 4/7/2006 09:00 AM in Courtroom 7, 19th Floor, San Francisco. (Wood, James) (Filed on 3/23/2006) Modified on 3/24/2006 (aaa, Court Staff). (Entered: 03/23/2006)

PACER
36 March 23, 2006

ORDER by Judge Maxine M. Chesney granting plaintiffs' request to withdraw 34 Motion for Preliminary Injunction, without prejudice. (mmclc2, COURT STAFF) (Filed on 3/23/2006)

RECAP
March 23, 2006

Docket Number 35 Motion for Preliminary Injunction [Proposed] Order was erroneously e−filed the true attachment is a [Proposed] Order. The civil docket has been corrected to reflect the true attachment and the erroneous e−filed motion has been terminated. failure to hyper−link the civil docket has been corrected to reflect the hyper−link to the supporting document. (aaa, Court Staff) (Filed on 3/23/2006) (Entered: 03/24/2006)

PACER
37 March 27, 2006

NOTICE by K. C. re 36 Order on Motion for Preliminary Injunction,, Of Entry of Order Granting Plaintiff's Request To Take Off Calendar Their Hearing Re Preliminary Injunction, currently set for hearing on April 7, 2006 (Wood, James) (Filed on 3/27/2006) (Entered: 03/27/2006)

PACER
38 March 31, 2006

JOINT CASE MANAGEMENT STATEMENT AND PROPOSED ORDER filed by K. C.. (Wood, James) (Filed on 3/31/2006) (Entered: 03/31/2006)

PACER
39 March 31, 2006

REPORT of Rule 26(f) Planning Meeting Rule 26 F Disclosure of Plaintiffs . (Wood, James) (Filed on 3/31/2006) (Entered: 03/31/2006)

PACER
40 April 7, 2006

Minute Entry: Initial Case Management Conference held on 4/7/2006 before Maxine M. Chesney (Date Filed: 4/7/2006). Case Management Statement due by 6/16/2006. Further Case Management Conference set for 6/23/2006 10:30 AM. (Court Reporter Not Reported.) (tl, COURT STAFF) (Date Filed: 4/7/2006) (Entered: 04/07/2006)

PACER
41 April 20, 2006

STIPULATION Extending Time for Defendant San Ramon Valley Unified School District to Respond to Complaint by Robert Kessler, Joan Buchanan, Nancy Petsuch, Bill Clarkson, Paul Gardner, Greg Marvel, Board of Trustees of the San Ramon Valley Unified School District, San Ramon Valley Unified School District. (Leone, Louis) (Filed on 4/20/2006) (Entered: 04/20/2006)

PACER
42 April 21, 2006

STIPULATION AND ORDER extending deadline, to May 19, 2006, for defendant to respond to complaint. Signed by Judge Maxine M. Chesney on 4/20/2006. (mmclc2, COURT STAFF) (Filed on 4/21/2006)

RECAP
43 May 18, 2006

STIPULATION Extending Time for San Ramon Valley Unified School District defendants to Respond to Complaint by Robert Kessler, Joan Buchanan, Nancy Petsuch, Bill Clarkson, Paul Gardner, Greg Marvel, Board of Trustees of the San Ramon Valley Unified School District, San Ramon Valley Unified School District. (Alberts, Katherine) (Filed on 5/18/2006) (Entered: 05/18/2006)

PACER
44 May 18, 2006

STIPULATION AND ORDER extending deadline from May 19, 2006 to June 16, 2006 for defendant San Ramon Valley Unified School District to respond to complaint. Signed by Judge Maxine M. Chesney on 5/18/2006. (mmclc2, COURT STAFF) (Filed on 5/18/2006)

RECAP
45 June 14, 2006

MOTION to Dismiss Duplicative of docket number 46 filed by Douglas Gephart, Peggy Herndon, Larry Sweeney, Nina Moore, Guy Emanuele, Ivy Wu, Fremont Unified School District. Motion Hearing set for 8/4/2006 09:00 AM in Courtroom 7, 19th Floor, San Francisco. (Edrington, Peter) (Filed on 6/14/2006) Modified on 6/15/2006 (aaa, Court Staff). (Entered: 06/14/2006)

PACER
46 June 14, 2006

MOTION to Dismiss filed by Douglas Gephart, Peggy Herndon, Larry Sweeney, Nina Moore, Guy Emanuele, Ivy Wu, Fremont Unified School District. Motion Hearing set for 8/4/2006 09:00 AM in Courtroom 7, 19th Floor, San Francisco. (Attachments: # 1 # 2)(Edrington, Peter) (Filed on 6/14/2006) Modified on 6/15/2006 (aaa, Court Staff). With Memorandum of Points and Authorities in Support. (Entered: 06/14/2006)

PACER
June 14, 2006

Docket number re 45 MOTION to Dismiss was erroneously e−filed as duplicative of docket number 46 MOTION to Dismiss. Docket number 46 has a supporting document (Memorandum of Points & Authorities) attached which should have been e−filed as a separate document. Party erronously attached a duplicate of the motion to dismiss to docket number 46 as a supporting document. The civil docket has been corrected to reflect only one 46 Motion to dismiss. Docket number 45 Motion to Dismiss has been terminated as duplicative. (aaa, Court Staff) (Filed on 6/14/2006) (Entered: 06/15/2006)

PACER
47 June 15, 2006

STIPULATION Extending Time for Defendant San Ramon Valley Unified School District to Respond to Complaint by Robert Kessler, Joan Buchanan, Nancy Petsuch, Bill Clarkson, Paul Gardner, Greg Marvel, Board of Trustees of the San Ramon Valley Unified School District, San Ramon Valley Unified School District. (Alberts, Katherine) (Filed on 6/15/2006) (Entered: 06/15/2006)

PACER
48 June 16, 2006

STIPULATION AND ORDER extending time for defendant San Ramon Valley Unified School District to respond to complaint to July 21, 2006. Signed by Judge Maxine M. Chesney on 6/15/2006. (mmclc2, COURT STAFF) (Filed on 6/16/2006)

RECAP
49 June 16, 2006

JOINT CASE MANAGEMENT STATEMENT and Proposed Order filed by Jack O'Connell, The Board of Education of the State of California, California Department of Education, Robert Kessler, Joan Buchanan, Nancy Petsuch, Bill Clarkson, Paul Gardner, Greg Marvel, Board of Trustees of the San Ramon Valley Unified School District, San Ramon Valley Unified School District, Board of Trustees of the Fremont Unified School District, Fremont Unified School District. (Leone, Louis) (Filed on 6/16/2006) (Entered: 06/16/2006)

PACER
50 June 23, 2006

Minute Entry: Further Case Management Conference held on 6/23/2006 before Maxine M. Chesney (Date Filed: 6/23/2006). Amended Pleadings due by 9/1/2006. Motions of dismissal by defendants San Ramon and State of California due by 9/29/2006. Motion Hearing on Fremont defendants' motion to dismiss set for 11/3/2006 09:00 AM in Courtroom 7, 19th Floor, San Francisco. (Court Reporter Not Reported.) (tl, COURT STAFF) (Date Filed: 6/23/2006) (Entered: 06/23/2006)

PACER
51 June 30, 2006

AMENDED DOCUMENT by K. C.. AMENDED RULE 26 DISCLOSURE OF PLAINTIFFS . (Wood, James) (Filed on 6/30/2006) (Entered: 06/30/2006)

PACER
52 Aug. 11, 2006

STIPULATION Extending Deadlines by K. C.. (Wood, James) (Filed on 8/11/2006) (Entered: 08/11/2006)

PACER
53 Aug. 11, 2006

Proposed Order re 52 Stipulation Extending Deadlines by K. C.. (Wood, James) (Filed on 8/11/2006) (Entered: 08/11/2006)

PACER
54 Aug. 14, 2006

STIPULATION AND ORDER extending deadline to November 1, 2006 for plaintiffs to name any additional plaintiffs; extending deadline to November 29, 2006 for defendants San Ramon and State of California to file motions to dismiss; continuing hearing on Fremont defendants' motion to dismiss from November 3, 2006 to December 8, 2006. Signed by Judge Maxine M. Chesney on 8/14/2006. (mmclc2, COURT STAFF) (Filed on 8/14/2006)

RECAP
55 Sept. 12, 2006

NOTICE by K. C. re 54 Stipulation and Order,, 53 Proposed Order, 52 Stipulation Notice of Entry of Order (Wood, James) (Filed on 9/12/2006) (Entered: 09/12/2006)

PACER
56 Oct. 12, 2006

STIPULATION EXTENDING DEADLINES by M. C., K. F., K. C., American Diabetes Association, A. A.. (Kearl, Kurtis) (Filed on 10/12/2006) (Entered: 10/12/2006)

PACER
57 Oct. 12, 2006

Proposed Order re 56 Stipulation Extending Deadlines by M. C., K. F., K. C., American Diabetes Association, A. A.. (Kearl, Kurtis) (Filed on 10/12/2006) (Entered: 10/12/2006)

PACER
58 Oct. 16, 2006

STIPULATION AND ORDER extending to January 30, 2007 deadline for plaintiffs to name additional plaintiffs; extending to February 27, 2007 deadline for defendants San Ramon and State of California to file motions to dismiss; continuing from December 8, 2006 to March 9, 2007 at 9:00 a.m. the hearing on 46 Fremont defendants' motion to dismiss. Signed by Judge Maxine M. Chesney on 10/16/2006. (mmclc2, COURT STAFF) (Filed on 10/16/2006)

RECAP
Oct. 16, 2006

Set/Reset Deadlines as to 46 MOTION to Dismiss. Motion Hearing Continued for 3/9/2007 09:00 AM. Re 58 Stipulation and Order (aaa, Court Staff) (Filed on 10/16/2006) (Entered: 10/17/2006)

PACER
59 Oct. 31, 2006

NOTICE by K. C. re 58 Stipulation and Order, Notice of Entry of Order (Wood, James) (Filed on 10/31/2006) (Entered: 10/31/2006)

PACER
60 Jan. 5, 2007

JOINT CASE MANAGEMENT STATEMENT and Proposed Order filed by K. C.. (Wood, James) (Filed on 1/5/2007) (Entered: 01/05/2007)

PACER
61 Jan. 12, 2007

Minute Entry: Further Case Management Conference held on 1/12/2007 before Maxine M.Chesney (Date Filed: 1/12/2007), Case referred to Private ADR.. Discovery due by 11/23/2007. Expert discovery due by 1/18/2008. Dispositive Motions due by 2/1/2008. Final Pretrial Conference set for 4/22/2008 03:00 PM. Jury Trial (15 days) set for 5/5/2008 09:00 AM in Courtroom 7, 19th Floor, San Francisco. Status Conference set for 4/27/2007 10:30 AM in Courtroom 7, 19th Floor, San Francisco, joint statement due by 4/20/2007. (Not Reported.) (tl, COURT STAFF) (Date Filed: 1/12/2007) (Entered: 01/12/2007)

PACER
62 Jan. 16, 2007

PRETRIAL PREPARATION ORDER. Signed by Judge Maxine M. Chesney on 1/16/2007. (tl, COURT STAFF) (Filed on 1/16/2007)

RECAP
63 Feb. 16, 2007

Memorandum in Opposition re 46 MOTION to Dismiss filed byK. C.. (Attachments: # 1 Certificate of Service)(Wood, James) (Filed on 2/16/2007) (Entered: 02/16/2007)

PACER
64 Feb. 22, 2007

Letter from Plaintiffs' Counsel to The Honorable Maxine M. Chesney . (Philpot, Kenneth) (Filed on 2/22/2007) (Entered: 02/22/2007)

PACER
65 Feb. 22, 2007

NOTICE by M. C., K. F., K. C., American Diabetes Association, A. A. NOTICE OF DISMISSAL BY PLAINTIFF (Rule 41(a)(1)F.R.Civ.P.) (Philpot, Kenneth) (Filed on 2/22/2007) (Entered: 02/22/2007)

PACER
66 Feb. 22, 2007

STIPULATION EXTENDING DEADLINE FOR DEFENDANT CALIFORNIA DEPARTMENT OF EDUCATION TO FILE A MOTION TO DISMISS by M. C., K. F., K. C., American Diabetes Association, A. A.. (Philpot, Kenneth) (Filed on 2/22/2007) (Entered: 02/22/2007)

PACER
67 Feb. 22, 2007

Proposed Order re 66 Stipulation EXTENDING DEADLINE by M. C., K. F., K. C., American Diabetes Association, A. A.. (Philpot, Kenneth) (Filed on 2/22/2007) (Entered: 02/22/2007)

PACER
68 Feb. 23, 2007

ORDER dismissing defendants Green, Johnson, Bersin, Bloom, Chan, Fisher, Noonan, Nunez, Reiss and Williams. Signed by Judge Maxine M. Chesney on 2/23/2007. (mmclc2, COURT STAFF) (Filed on 2/23/2007)

RECAP
69 Feb. 23, 2007

STIPULATION AND ORDER extending deadline to April 15, 2007 for defendant California Department of Education to file motion to dismiss. Signed by Judge Maxine M. Chesney on 2/23/2007. (mmclc2, COURT STAFF) (Filed on 2/23/2007)

RECAP
70 Feb. 23, 2007

Reply to 63 Opposition to Motion to Dismiss filed byFremont Unified School District. (Edrington, Peter) (Filed on 2/23/2007) Modified on 2/26/2007 (aaa, Court Staff). (Entered: 02/23/2007)

PACER
71 Feb. 23, 2007

Declaration of Valerie Williams in Support of 70 Reply to Opposition to Motion to Dismiss filed byFremont Unified School District. (Related document(s) 70 ) (Edrington, Peter) (Filed on 2/23/2007) (Entered: 02/23/2007)

PACER
72 Feb. 23, 2007

STIPULATION EXTENDING DEADLINE FOR DEFENDANT SAN RAMON VALLEY UNIFIED SCHOOL DISTRICT TO FILE A MOTION TO DISMISS by M. C., K. F., K. C., American Diabetes Association, A. A.. (Wood, James) (Filed on 2/23/2007) (Entered: 02/23/2007)

PACER
73 Feb. 26, 2007

STIPULATION AND ORDER extending deadline to April 15, 2007 for San Ramon defendants to file motion to dismiss. Signed by Judge Maxine M. Chesney on 2/26/2007. (mmclc2, COURT STAFF) (Filed on 2/26/2007)

RECAP
74 March 5, 2007

MOTION for Leave to File Plaintiffs' Surreply To Fremont Unified School District's Motion To Dismiss filed by K. C.. Motion Hearing set for 3/9/2007 09:00 AM in Courtroom 7, 19th Floor, San Francisco. (Wood, James) (Filed on 3/5/2007) (Entered: 03/05/2007)

PACER
75 March 5, 2007

Memorandum in Opposition Plaintiffs' Surreply To Fremont Unified School District's 46 Motion To Dismiss filed byK. C.. (Wood, James) (Filed on 3/5/2007) Modified on 3/6/2007 (aaa, Court Staff). (Entered: 03/05/2007)

PACER
76 March 5, 2007

AFFIDAVIT in Opposition re 74 MOTION for Leave to File Plaintiffs' Surreply To Fremont Unified School District's Motion To Dismiss Declaration of Kenneth J. Philpot In Support of Plaintiffs' Surreply To Defendant's Motion To Dismiss filed byK. C.. (Wood, James) (Filed on 3/5/2007) (Entered: 03/05/2007)

PACER
77 March 5, 2007

AFFIDAVIT in Opposition re 74 MOTION for Leave to File Plaintiffs' Surreply To Fremont Unified School District's Motion To Dismiss Declaration of Sheree F. In Support Of Plaintiffs' Surreply To Defendant's Motion To Dismiss filed byK. C..

PACER
79 March 8, 2007

ORDER DISMISSING CASE without prejudice due to settlement; provided, however, that if any party hereto shall certify to this Court, within ninety days, with proof of service of a copy thereof on opposing counsel, that the agreed consideration for the settlement has not been delivered, the foregoing order shall stand vacated and the action shall forthwith be restored to the calendar to be set for trial. Signed by Judge Maxine M. Chesney on 3/8/2007. (mmclc2, COURT STAFF) (Filed on 3/8/2007)

RECAP
80 March 12, 2007

Letter from Kenneth J. Philpot of Reed Smith to The Honorable Maxine M. Chesney . (Philpot, Kenneth) (Filed on 3/12/2007) (Entered: 03/12/2007)

PACER
81 March 14, 2007

ORDER vacating 79 order of dismissal; continuing status conference from April 27, 2007 to June 15, 2007; continuing deadline for San Ramon and State defendants to file motions to dismiss from April 15, 2007 to June 15, 2007. Signed by Judge Maxine M. Chesney on 3/14/2007. (mmclc2, COURT STAFF) (Filed on 3/14/2007)

RECAP
March 14, 2007

Set Deadlines/Hearings: A Joint Status Report due by 6/8/2007. Case Management Conference Continued for 6/15/2007 10:30 AM. Re 81 Order (aaa, Court Staff) (Filed on 3/14/2007) (Entered: 03/15/2007)

PACER
82 April 5, 2007

NOTICE of Settlement As to San Ramon Valley Unified School District, Board of Trustees of The San Ramon Valley Unified School District, Robert Kessler, Joan Buchanan, Rachel Hurd, Bill Clarkson, Paul Gardner and Greg Marvel Only by M. C., K. C., American Diabetes Association, A. A. (Wood, James) (Filed on 4/5/2007) (Entered: 04/05/2007)

PACER
83 April 12, 2007

STIPULATION of Dismissal REQUEST FOR DISMISSAL WITH PREJUDICE AND [PROPOSED] ORDER by M. C., K. F., K. C., American Diabetes Association, A. A.. (Attachments: # 1 Exhibit A − Part 1 of 4# 2 Exhibit A − Part 2 of 4# 3 Exhibit A − Part 3 of 4# 4 Exhibit A − Part 4 of 4)(Philpot, Kenneth) (Filed on 4/12/2007) Modified on 4/13/2007 (aaa, Court Staff). (Entered: 04/12/2007)

PACER
84 April 16, 2007

STIPULATION AND ORDER dismissing with prejudice defendants San Ramon Valley Unified School District, Board of Trustees of the San Ramon Valley Unified School District, Robert Kessler, Joan Buchanan, Rachel Hurd, Bill Clarkson, Paul Gardner, and Greg Marvel. Signed by Judge Maxine M. Chesney on 4/16/2007. (Attachments: # 1 Exhibit A part 1# 2 Exhibit A pt. 2# 3 Exhibit A pt. 3# 4 Exhibit A pt. 4)(mmclc2, COURT STAFF) (Filed on 4/16/2007)

1 Exhibit A part 1

View on PACER

2 Exhibit A pt. 2

View on PACER

3 Exhibit A pt. 3

View on PACER

4 Exhibit A pt. 4

View on PACER

RECAP
85 May 15, 2007

NOTICE of Settlement as to Fremont Unified School District, et al. by K. C. (Wood, James) (Filed on 5/15/2007) (Entered: 05/15/2007)

PACER
86 May 18, 2007

NOTICE of Voluntary Dismissal with Prejudice by A. A. (Attachments: # 1 Proposed Order Order of Dismissal with Prejudice)(Wood, James) (Filed on 5/18/2007) (Entered: 05/18/2007)

PACER
87 May 21, 2007

ORDER dismissing with prejudice defendants Fremont Unified School District, Board of Trustees of the Fremont Unified School District, Douglas Gephart, Peggy Herndon, Larry Sweeney, Nina Moore, Guy Emanuele, and Ivy Wu. Signed by Judge Maxine M. Chesney on 5/21/2007. (mmclc2, COURT STAFF) (Filed on 5/21/2007)

RECAP
May 21, 2007

Fremont Unified School District; Board of Trustees of the Fremont Unified School District; Douglas Gephart; Peggy Herndon; Nina Moore; Larry Sweeney; Ivy Wu; and Guy Emanuele terminated. Signed by Judge Maxine M. Chesney on 5/21/2007. (mmclc2, COURT STAFF) (Filed on 5/21/2007) (Entered: 05/21/2007)

PACER
88 May 31, 2007

CLERK'S NOTICE Further Status Conference re−set for 6/15/2007 02:00 PM. (tl, COURT STAFF) (Filed on 5/31/2007) (Entered: 05/31/2007)

PACER
89 June 8, 2007

JOINT CASE MANAGEMENT STATEMENT AND PROPOSED ORDER filed by M. C., K. F., K. C., American Diabetes Association, A. A.. (Philpot, Kenneth) (Filed

PACER
91 July 19, 2007

STIPULATION AND [PROPOSED] ORDER Continuing Case Management Conference and Hearing Date by K. C. (Wood, James) (Filed on 7/19/2007) Modified on 7/20/2007 (aaa, Court Staff). (Entered: 07/19/2007)

PACER
92 July 19, 2007

Proposed Order re 91 Stipulation Continuing Case Management Conference and Hearing Date by K. C.. (Wood, James) (Filed on 7/19/2007) (Entered: 07/19/2007)

PACER

Case Details

State / Territory:

California

Case Type(s):

Education

Healthcare Access and Reproductive Issues

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 11, 2005

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Diabetic students in California public schools and the American Diabetes Association

Attorney Organizations:

Disability Rights Education & Defense Fund (DREDF)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

School District

Fremont Unified School District

San Ramon Valley Unified School District

State

California Department of Education

Defendant Type(s):

Elementary/Secondary School

Facility Type(s):

Government-run

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Indv. w/ Disab. Educ. Act (IDEA), Educ. of All Handcpd. Children Act , 20 U.S.C. § 1400

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Other Dockets:

Northern District of California 3:05-cv-04077

U.S. Court of Appeals for the Ninth Circuit 0:12-16178

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Content of Injunction:

Monitoring

Issues

General/Misc.:

Individualized planning

Staff (number, training, qualifications, wages)

Disability and Disability Rights:

Disability, unspecified

Special education

Recommended Citation