Case: Breimhorst v. Educational Testing Service

Breimhorst v. Educational Testing

Breimhorst v. Educational Testing Services

Breimhorst v. Educational Testing Services

Disability Rights Advocates

COMPLAINT Summons(es) issued; Fee status pd entered on 7/12/99 in the amount of $ 150.00 ( Receipt No. 3302574); jury demand [3:99−cv−03387] (ga, COURT STAFF) (Entered: 07/13/1999)

ORDER RE COURT PROCEDURE and SCHEDULE (ADR Multi−Option) by Mag. Judge Maria−Elena James : Proof of service to be filed by 8/26/99 ; counsels' case management statement to be filed by 11/1/99 ; initial case management conference will be held 10:00 11/10/99 . (cc: all counsel) [3:99−cv−03387] (ga, COURT STAFF) (Entered: 07/13/1999)

AMENDED COMPLAINT [1−1] by Plaintiff Mark Breimhorst; jury demand; adding Internationall Dyslexia, Californians for Disability Rights [3:99−cv−03387] (ga, COURT STAFF) (Entered: 08/24/1999)

ANSWER by defendant Educational Testing to complaint [4−1] [3:99−cv−03387] (ga, COURT STAFF) (Entered: 09/16/1999)

DECLINATION to proceed before magistrate by defendant Educational Testing [3:99−cv−03387] (ga, COURT STAFF) (Entered: 10/05/1999)

ORDER by Mag. Judge Maria−Elena James of impending reassignment to a United States District Judge () (cc: all counsel) [3:99−cv−03387] (ga, COURT STAFF) (Entered: 10/05/1999)

ORDER by Assignment Committee Case reassigned to Senior Judge William H. Orrick () (cc: all counsel) [3:99−cv−03387] (ga, COURT STAFF) (Entered: 10/15/1999)

CLERK'S NOTICE Case Management Conference set for 2:00 12/9/99 ; [3:99−cv−03387] (cs, COURT STAFF) (Entered: 11/04/1999)

CASE MANAGEMENT STATEMENT and PROPOSED ORDER filed. [3:99−cv−03387] (db, COURT STAFF) (Entered: 12/07/1999)

MINUTES: ( C/R Lydia Radovich) ( Hearing Date: 12/9/99)Case Management Conference. Counsel shall agree on trial date, pretrial date, discovery cut of date and last date to hear dispositive motions. Counsel to file a proper case management order. [3:99−cv−03387] (db, COURT STAFF) (Entered: 12/16/1999)

ORDER by Senior Judge William H. Orrick ( Date Entered: 12/16/99) Parties to file a proper joint case management conference statement no later than Wednesday, 12/15/99. A trial date within 15 months, must begin on a Monday at 8;30 am. See order for conditions (cc: all counsel) [3:99−cv−03387] (db, COURT STAFF) (Entered: 12/16/1999)

CASE MANAGEMENT STATEMENT and PROPOSED ORDER filed. Further case management conference 2/24/00: Expert disclosure, 11/17/00: Non−Expert discovery cut−off, 12/15/00: Rebuttal expert disclosure 1/5/01: Expert discovery cut−off, 2/9/01: Summary judgment motion hearing cut−off 3/15/01: Pretrial conference 4/5/01: Trial 5/3/01: [3:99−cv−03387] (db, COURT STAFF) (Entered: 12/16/1999)

JOINT REQUEST for re filing of amended case management conf. statement. [3:99−cv−03387] (cgd, COURT STAFF) (Entered: 12/21/1999)

ORDER by Senior Judge William H. Orrick denying proposed trial schedule [13−1] ( Date Entered: 12/28/99) (cc: all counsel) [3:99−cv−03387] (RS, COURT STAFF) (Entered: 12/28/1999)

ORDER by Senior Judge William H. Orrick granting request for refiling of amended case management conference statement [14−1]. ( Date Entered: 12.21.99) (cc: all counsel) [3:99−cv−03387] (cgd, COURT STAFF) (Entered: 12/21/1999)

SECOND AMENDED CASE MANAGEMENT STATEMENT and PROPOSED ORDER filed. [3:99−cv−03387] (RS, COURT STAFF) (Entered: 12/28/1999)

PROOF OF SERVICE by defendant Educational Testing of request [14−1] 12/28/99 [3:99−cv−03387] (db, COURT STAFF) (Entered: 01/03/2000)

MOTION before Senior Judge William H. Orrick by defendant Educational Testing for attorney to appear pro hac vice [3:99−cv−03387] (mmr, COURT STAFF) (Entered: 01/07/2000)

ORDER by Senior Judge William H. Orrick granting motion for attorney to appear pro hac vice [19−1] ( Date Entered: 1/7/00) (cc: all counsel) [3:99−cv−03387] (mmr, COURT STAFF) (Entered: 01/07/2000)

CASE MANAGEMENT STATEMENT and PROPOSED ORDER filed. [3:99−cv−03387] (db, COURT STAFF) (Entered: 01/13/2000)

APPLICATION of C. Geoffrey Weirich to appear as counsel Pro Hac Vice: Declarations etc... by defendant Educational Testing [3:99−cv−03387] (db, COURT STAFF) (Entered: 01/11/2000)

ORDER by Senior Judge William H. Orrick granting application [21−1] ( Date Entered: 1/11/00) (cc: all counsel) [3:99−cv−03387] (db, COURT STAFF) (Entered: 01/11/2000)

NOTICE by defendant Educational Testing of association of attorney C. Geoffrey Weirich [3:99−cv−03387] (db, COURT STAFF) (Entered: 01/11/2000)

PROOF OF SERVICE by defendant Educational Testing of orders granting the applications to appear as counsel pro hac vice [3:99−cv−03387] (db, COURT STAFF) (Entered: 01/13/2000)

SCHEDULING ORDER by Senior Judge William H. Orrick : ; discovery cutoff 9/8/00 ; all motions hearing on 2:00 12/21/00 ; pretrial conference set for 2:00 2/15/01 ; jury trial set for 8:30 3/12/01 (cc: all counsel) [3:99−cv−03387] (db, COURT STAFF) (Entered: 01/13/2000)

ORDER by Senior Judge William H. Orrick, the date for plaintiffs' opposition brief is extended to 2/1/00. Plaintiff's counsel will serve the opposition , this change will not alter the hearing date because defendant's reply brief will still be due on 2/10/00 (db, COURT STAFF) Modified on 01/27/2000 (Entered: 01/26/2000)

OPPOSITION by Plaintiffs to motion for judgment on the pleadings [20−1] [3:99−cv−03387] (db, COURT STAFF) (Entered: 02/02/2000)

NOTICE of summary of argument, by Plaintiff Mark Breimhorst, Plaintiff Int'l Dyslexia, Plaintiff Californians Rights [27−1] re opposition [3:99−cv−03387] (db, COURT STAFF) (Entered: 02/02/2000)

STATEMENT of facts by defendant Educational Testing in support of motion for judgment on the pleadings [20−1] [3:99−cv−03387] (db, COURT STAFF) (Entered: 02/11/2000)

REPLY by defendant Educational Testing re motion for judgment on the pleadings [20−1] [3:99−cv−03387] (db, COURT STAFF) (Entered: 02/11/2000)

JOINT STATUS REPORT by Plaintiff, defendant, Plaintiff [3:99−cv−03387] (db, COURT STAFF) (Entered: 02/15/2000)

MINUTES: ( C/R Jim Yeoman) ( Hearing Date: 2/24/00) that the motion for judgment on the pleadings [20−1] is submitted [3:99−cv−03387] (scu, COURT STAFF) (Entered: 02/25/2000)

MEMORANDUM OPINION, AND ORDER: by Senior Judge William H. Orrick granting in part and denying in part motion for judgment on the pleadings [20−1] Granted with respect to plaintiffs' claim for violation of # 302 of the ADA. ETS' motion for judgment on the pleadings is denied in all other respects. Remaining claims to be litigated are plaintiffs' claims that ETX' flagging policy violates # 309 of the ADA, # 504 of the Rehabilitation Act, the Unruh Civil Rights Act, the Disabled Persons Act and # 17200 of the CA Bus. &Prof Code Status conference set for 2:00 5/25/00 ; A Joint Status Conference Statement will be file by 5/18/00 ( Date Entered: 3/27/00) (cc: all counsel) [3:99−cv−03387] (db, COURT STAFF) Modified on 05/03/2000 (Entered: 03/27/2000)

LETTER dated 4/25/00 from David E. Gevertz to the Court re joint request permission to participate in the scheduled 5/25/00 status conference or reschedule the status conference for 6/1/00 at 2:00 PM [3:99−cv−03387] (db, COURT STAFF) Modified on 05/03/2000 (Entered: 05/01/2000)

RECEIVED Proposed Protective Order ( defendant, Plaintiff) [3:99−cv−03387] (db, COURT STAFF) (Entered: 05/16/2000)

ORDER by Senior Judge William H. Orrick for protective order ( Date Entered: 5/17/00) (cc: all counsel) [3:99−cv−03387] (db, COURT STAFF) (Entered: 05/17/2000)

REPORTER'S TRANSCRIPT; Date of proceedings: 2/24/00 ( C/R: James Yeomans) [3:99−cv−03387] (db, COURT STAFF) (Entered: 05/23/2000)

CLERK'S NOTICE Resetting Status conference for 2:00 6/29/00 ;Status Conference Statements are due ten days before the conference. [3:99−cv−03387] (db, COURT STAFF) (Entered: 05/24/2000)

CASE MANAGEMENT STATEMENT and PROPOSED ORDER filed. [3:99−cv−03387] (db, COURT STAFF) (Entered: 06/19/2000)

Plaintiff's Separate CASE MANAGEMENT STATEMENT and PROPOSED ORDER filed. [3:99−cv−03387] (db, COURT STAFF) (Entered: 06/20/2000)

MINUTES: ( C/R Jim Yeomans) ( Hearing Date: 6/29/00) Status conference set for 2:00 9/28/00 ; , and referring case for settlement to a US Magistrate. Defendant's motion for an extension of time for the Trial Date, submitted. [3:99−cv−03387] (db, COURT STAFF) (Entered: 06/30/2000)

REFERRAL: referring case for settlement to Mag. Judge Elizabeth D. Laporte [3:99−cv−03387] (wh, COURT STAFF) (Entered: 06/30/2000)

NOTICE OF MOTION AND MOTION WITH MEMORANDUM OF POINTS AND AUTHORITIES before Senior Judge William H. Orrick by Plaintiff to compel responses to first request for production of documents with Notice set for 8/17/00 @ 2:00 PM. [3:99−cv−03387] (db, COURT STAFF) (Entered: 07/14/2000)

DECLARATION by Joshua Konecky on behalf of Plaintiff re motion to compel responses to first request for production of documents [42−1] [3:99−cv−03387] (db, COURT STAFF) (Entered: 07/14/2000)

NOTICE of Summary of Argument and Evidence re: Plaintiffs' motion to compel responses to first request for production of documents by Plaintiff [3:99−cv−03387] (db, COURT STAFF) (Entered: 07/14/2000)

ORDER by Mag. Judge Elizabeth D. Laporte Settlement conf. (Mag) at 2:00 8/16/00 ;On 8/2/00 parties to deliver to Magistrate Judge a confidential settlement conference statement. ( Date Entered: 7/24/00) (cc: all counsel) [3:99−cv−03387] (db, COURT STAFF) (Entered: 07/24/2000)

RENOTICE of hearing by Plaintiff setting motion to compel responses to first request for production of documents [42−1] ; hearing set for 2:00 8/24/00 [3:99−cv−03387] (db, COURT STAFF) (Entered: 07/28/2000)

RESPONSE by defendant Educational Testing re motion to compel responses to first request for production of documents [42−1] [3:99−cv−03387] (db, COURT STAFF) (Entered: 08/11/2000)

ORDER by Mag. Judge Elizabeth D. Laporte excusing attendance at settlement conference that Patricia Taylor, associate General Counsel for ETS be excused from personally appearing at the settlement conference set 8/16/00. No opposition was filed by plaintiffs. Patricia Taylor be available by phone from 2 PM until further notice on 8/16/00. ( Date Entered: 8/14/00) (cc: all counsel) [3:99−cv−03387] (db, COURT STAFF) (Entered: 08/14/2000)

MINUTES: Magistrate Laporte ( C/R Tape #SC) ( Hearing Date: 8/16/00) Settlement Conference. Case did not settle. Other: Settlement Conference continuance to be set. 5 Hours. [3:99−cv−03387] (db, COURT STAFF) (Entered:

Joint REQUEST by Plaintiff Mark Breimhorst for short extension in non−expert discovery schedule based on good cause to facilitate settlement [3:99−cv−03387] (lal, COURT STAFF) (Entered: 08/21/2000)

REPORTER'S TRANSCRIPT; Date of proceedings: 6/29/00 ( C/R: James Yeomans) minutes [41−3] [3:99−cv−03387] (rbe, COURT STAFF) (Entered: 08/24/2000)

ORDER by Senior Judge William H. Orrick granting request [51−1]; setting hearing on motion to compel responses to first request for production of documents [42−1] 2:00 9/28/00 Discovery cutoff set for 10/6/00 ; ( Date Entered: 8/24/00) (cc: all counsel) [3:99−cv−03387] (rbe, COURT STAFF) (Entered: 08/24/2000)

ORDER by Mag. Judge Elizabeth D. Laporte Settlement conf. (Mag) at 2:00 9/27/00 ; ( Date Entered: 8/24/00) (cc: all counsel) [3:99−cv−03387] (rbe, COURT STAFF) (Entered: 08/24/2000)

MINUTES: ( C/R none) ( Hearing Date: 8/16/00) Settlement conf. (Mag)reset for 2:00 9/27/00 ; [3:99−cv−03387] (db, COURT STAFF) (Entered: 09/11/2000)

JOINT STATUS CONFERENCE STATEMENT by Plaintiff, defendant, [3:99−cv−03387] (db, COURT STAFF) (Entered: 09/19/2000)

ORDER by Mag. Judge Elizabeth D. Laporte for leave to for appearance telephonically at settlement conference for Tom Viall and Jon Lonbergb from 12 noon PM until further notice on 9/27/00. ( Date Entered: 9/28/00) (cc: all counsel) [3:99−cv−03387] (db, COURT STAFF) (Entered: 09/28/2000)

CLERK'S NOTICE Status conference set for 2:00 10/19/00 ; Status Conference Statements are due ten days before the conference [3:99−cv−03387] (db, COURT STAFF) (Entered: 10/02/2000)

MINUTES:Magistrate Laporte ( C/R none) ( Hearing Date: 9/27/00) Settlement conference held for six hours. [3:99−cv−03387] (db, COURT STAFF) (Entered: 10/05/2000)

MINUTES: Magistrate Laporte( C/R none) ( Hearing Date: 9/27/00) Settlement Conference held, and case settled. 6 hours. [3:99−cv−03387] (db, COURT STAFF) (Entered: 10/10/2000)

STATUS CONFERENCE STATEMENT by Plaintiff, defendant, Plaintiff [3:99−cv−03387] (db, COURT STAFF) (Entered: 10/12/2000)

ORDER by Senior Judge William H. Orrick Status Conference set 10/19/00 @ 2:00 PM vacated per letter ( Date Entered: 10/13/00) (cc: all counsel) [3:99−cv−03387] (db, COURT STAFF) (Entered: 10/13/2000)

NOTICE by Plaintiff, defendant, of parties stipulation to voluntarily dismiss action with prejudice. [3:99−cv−03387] (db, COURT STAFF) (Entered: 02/08/2001)

STIPULATION and ORDER by Senior Judge William H. Orrick : dismissing case voluntarily with prejudice (cc: all counsel) [3:99−cv−03387] (db, COURT STAFF) (Entered: 02/09/2001)