Case: A.P. v. Pasadena Unified School District

[PETITION TO APPOINT GUARDIAN AD LITEM] Filed as PETITION for Appointment of Guardian Ad Litem Receipt No: 0973-24438147 - Fee: $400, filed by Plaintiffs A. P., B. P., V. P.. (Attachments: # 1 Proposed Order) (Attorney Mark E Woodsmall added to party A. P.(pty:pla), Attorney Mark E Woodsmall added to party B. P.(pty:pla), Attorney Mark E Woodsmall added to party V. P.(pty:pla))(Woodsmall, Mark) Modified on 9/16/2019 (car). (Entered: 09/13/2019)

COMPLAINT with filing fee previously paid (400 paid on 09/13/2019, receipt number 26K6S1G4), filed by Plaintiffs A. P., B. P., V. P.. (Attachments: # 1 Exhibit)(Woodsmall, Mark) (Entered: 09/13/2019)

CIVIL COVER SHEET filed by Plaintiffs A. P., B. P., V. P.. (Woodsmall, Mark) (Entered: 09/13/2019)

NOTICE of Interested Parties filed by Plaintiffs A. P., B. P., V. P., (Woodsmall, Mark) (Entered: 09/13/2019)

NOTICE OF ASSIGNMENT to District Judge Dean D. Pregerson and Magistrate Judge Suzanne H. Segal. (car) (Entered: 09/16/2019)

NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) (Entered: 09/16/2019)

NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Petition for Appointment of 1 . The following error(s) was found: The incorrect event was selected in the e-filing of docket item 1. The correct event is located under Applications/Ex Parte Applications/Motions/Petitions/Requests and by Selecting Petition. The clerk has modified the docket to reflect the true event. No further action is required unless the Court so directs. (car) (Entered: 09/16/2019)

ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM by Magistrate Judge Suzanne H. Segal: granting 1 PETITION to Appoint Guardian ad Litem. The petition for an order appointing V.P. and B.P. as guardians ad litem for petitioner is GRANTED. (hr) (Entered: 09/18/2019)

ORDER RETURNING CASE FOR REASSIGNMENT by Judge Dean D. Pregerson. ORDER case returned to the Clerk for random reassignment pursuant to General Order 19-03. Case randomly reassigned from Judge Dean D. Pregerson to Judge Michael W. Fitzgerald for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:19-cv-7965 MWF (SSx). (esa) (Entered: 09/20/2019)

Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 2 filed by Plaintiffs A. P., B. P., V. P.. (Woodsmall, Mark) (Entered: 11/06/2019)

21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 2 as to Defendant Pasadena Unified School District. (iv) (Entered: 11/07/2019)

MINUTES (IN CHAMBERS) ORDER TO SHOW CAUSE by Judge Michael W. Fitzgerald. The Court ORDERS Plaintiff to show cause why this action should not be dismissed for lack of prosecution. In response to this Order to Show Cause, the Court will accept the following no later than December 13, 2019. BY PLAINTIFF: PROOF OF SERVICE. BY DEFENDANT(S): RESPONSE TO THE COMPLAINT. BY PLAINTIFF: DEFAULT APPLICATION. Failure to respond to the Order to Show Cause will result in the dismissal of this action. (iv) (Entered: 11/21/2019)

PROOF OF SERVICE Executed by Plaintiff A. P., B. P., V. P., upon Defendant Pasadena Unified School District served on 11/21/2019, answer due 12/12/2019. Service of the Summons and Complaint were executed upon Emilia Sanchez - Person Authorized to Accept Service of Process on Behalf of Pasadena Unified School District in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Woodsmall, Mark) (Entered: 12/03/2019)

ANSWER to Complaint (Attorney Civil Case Opening) 2 filed by Defendant Pasadena Unified School District.(Attorney Meredith Brittain Reynolds added to party Pasadena Unified School District(pty:dft))(Reynolds, Meredith) (Entered: 12/11/2019)

NOTICE and CERTIFICATE of Interested Parties filed by Defendant Pasadena Unified School District, identifying A.P.(minor), Bonnie Peterson, Vance Peterson, Pasadena Unified School District. (Reynolds, Meredith) (Entered: 12/11/2019)

ORDER SETTING SCHEDULING CONFERENCE by Judge Michael W. Fitzgerald. READ THIS ORDER CAREFULLY. IT DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This case has been assigned to Judge Michael W. Fitzgerald. This matter is set for a scheduling conference on 3/23/2020 at 11:00 AM. (iv) (Entered: 12/27/2019)

JOINT REPORT of Rule 26(F) filed by Plaintiffs A. P., B. P., V. P.. (Attachments: # 1 Exhibit Schedule of Trial and Pretrial Dates Worksheet)(Woodsmall, Mark) (Entered: 03/09/2020)

SCHEDULING NOTICE by Judge Michael W. Fitzgerald: On the Court's own motion, the Scheduling Conference set for 3/23/2020 at 11:00 am is VACATED and no appearances shall be made. The Court will review the parties' Joint Rule 26(f) Report and issue pretrial and trial dates by separate order. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smom) TEXT ONLY ENTRY (Entered: 03/17/2020)

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ORDER/REFERRAL to ADR Procedure No 2 by Judge Michael W. Fitzgerald. Case ordered to Court Mediation Panel for mediation. ADR Proceeding to be held no later than 11/9/2020. (iv) (Entered: 03/24/2020)

ORDER RE COURT TRIAL by Judge Michael W. Fitzgerald. Final Pretrial Conference and Hearing on Motions in Limine set for 1/11/2021 at 11:00 AM. Trial Date (Est. 2 Days) set for 2/2/2021 at 8:30 AM. SEE ORDER FOR DETAILS. (iv) (Entered: 03/24/2020)

STIPULATION REGARDING SELECTION of Panel Mediator filed. Parties stipulate that Sidney Kanazawa may serve as Panel Mediator. Plaintiff obtained the Panel Mediators consent to serve. Filed by Plaintiffs A. P., B. P., V. P.(Woodsmall, Mark) (Entered: 04/10/2020)

NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Sidney K Kanazawa has been assigned to serve as Panel Mediator. (mb) (Entered: 04/13/2020)

MEDIATION REPORT Filed by Mediator (ADR Panel) Sidney K Kanazawa: Mediation held on July 22, 2020. The parties are unable to reach an agreement at this time.Counsel: Please evaluate the effectiveness of the ADR Program by completing a survey on your mediation experience. To access the survey, click on the following link: MediationParticipantSurvey(Kanazawa, Sidney) (Entered: 07/22/2020)

JOINT REQUEST FOR CLARIFICATION OF LODGING ADMINISTRATIVE RECORD filed by Plaintiffs A. P., B. P., V. P. (Woodsmall, Mark) (Entered: 10/12/2020)

ORDER by Judge Michael W. Fitzgerald. The Court has reviewed the parties' Joint Request for Clarification of Lodging Administrative Record 24 filed 10/12/2020. The Court ORDERS the parties to agree whether Plaintiff or Defendant will (1) file a Notice of Lodging; and (2) provide the Court with the Administrative Record on a flash drive. The Court FURTHER ORDERS Plaintiff to maintain the lodged Administrative Record until the conclusion of the case, including through any appeals. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smom) TEXT ONLY ENTRY (Entered: 10/13/2020)

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NOTICE OF LODGING filed re Text Only Scheduling Notice,, 25 (Woodsmall, Mark) (Entered: 10/14/2020)

NOTICE OF MOTION AND MOTION for Summary Judgment filed by Plaintiffs A. P., B. P., V. P.. Motion set for hearing on 11/16/2020 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: # 1 Proposed Order Proposed Judgment and Order) (Woodsmall, Mark) (Entered: 10/15/2020)

STATEMENT of Uncontroverted Facts and Conclusions of Law NOTICE OF MOTION AND MOTION for Summary Judgment 27 filed by Plaintiffs A. P., B. P., V. P.. (Woodsmall, Mark) (Entered: 10/15/2020)

NOTICE OF MOTION AND MOTION for Summary Judgment as to All issues filed by Defendant Pasadena Unified School District. Motion set for hearing on 11/16/2020 at 10:00 AM before Judge Michael W. Fitzgerald. (Reynolds, Meredith) (Entered: 10/15/2020)

NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION for Summary Judgment as to All issues 29 (Attachments: # 1 Proposed Order)(Reynolds, Meredith) (Entered: 10/16/2020)

STIPULATION to Continue Hearing from November 16, 2020 to December 14, 2020 Re: NOTICE OF MOTION AND MOTION for Summary Judgment 27, NOTICE OF MOTION AND MOTION for Summary Judgment as to All issues 29 filed by Defendant Pasadena Unified School District. (Attachments: # 1 Declaration, # 2 Proposed Order)(Marderosian, Jeff) (Entered: 10/20/2020)

ORDER ON STIPULATION 31 RE CONTINUANCE OF HEARING ON CROSS MOTIONS FOR SUMMARY JUDGMENT FROM NOVEMBER 16,2020 TO DECEMBER 14, 2020 10:00 AM 27, 29 by Judge Michael W. Fitzgerald (lc) (Entered: 10/21/2020)

STATEMENT of Uncontroverted Facts et. al. NOTICE OF MOTION AND MOTION for Summary Judgment as to All issues 29 filed by Defendant Pasadena Unified School District. (Marderosian, Jeff) (Entered: 11/06/2020)

MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Summary Judgment as to All issues 29 filed by Plaintiffs A. P., B. P., V. P.. (Woodsmall, Mark) (Entered: 11/23/2020)

STATEMENT of Genuine Issues in Support of Plaintiffs' Opposition to NOTICE OF MOTION AND MOTION for Summary Judgment as to All issues 29 filed by Plaintiffs A. P., B. P., V. P.. (Woodsmall, Mark) (Entered: 11/23/2020)

Opposition Opposition of Defendant re: NOTICE OF MOTION AND MOTION for Summary Judgment 27 filed by Defendant Pasadena Unified School District. (Marderosian, Jeff) (Entered: 11/23/2020)

Opposition Opposition of Defendant re: NOTICE OF MOTION AND MOTION for Summary Judgment 27 filed by Defendant Pasadena Unified School District. (Marderosian, Jeff) (Entered: 11/23/2020)

REPLY in support of Defendant's motion NOTICE OF MOTION AND MOTION for Summary Judgment as to All issues 29 filed by Defendant Pasadena Unified School District. (Marderosian, Jeff) (Entered: 11/30/2020)

REPLY in Support of NOTICE OF MOTION AND MOTION for Summary Judgment 27 filed by Plaintiffs A. P., B. P., V. P.. (Woodsmall, Mark) (Entered: 11/30/2020)

SCHEDULING NOTICE AND ORDER by Judge Michael W. Fitzgerald. On the Courts own motion, the MOTIONS FOR SUMMARY JUDGMENT [27, 29] set for December 14, 2020, are continued to December 18, 2020 at 10:00 a.m. and will be held telephonically. Counsel shall use the following conference call information: Number: (877) 848-7030; Access Code: 4573404. Counsel are ordered to remain available from 10:00 a.m. - 11:00 a.m. Any tentative ruling the Court may prepare, will be emailed to counsel prior to the hearing. IT IS SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pg) TEXT ONLY ENTRY (Entered: 12/09/2020)

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MINUTES OF TELEPHONIC MOTION FOR SUMMARY JUDGMENT 27 MOTION FOR SUMMARY JUDGMENT 29 held before Judge Michael W. Fitzgerald. Case called, and counsel make their appearance. The Court invites counsel to present their oral arguments. Arguments by counsel are heard. For the reasons stated on the record, the Court takes the matter under submission. An order will issue. Court Reporter: Amy Diaz. (iv) (Entered: 12/18/2020)

SCHEDULING NOTICE by Judge Michael W. Fitzgerald. Pursuant to the Central District of California's Continuity of Operations Plan (COOP), the Final Pretrial Conference and Hearing on Motions in Limine set for 1/11/2021 is continued 2/22/2021 at 11:00 a.m. The Court Trial is continued from 2/2/2021 to 3/9/2021 at 8:30 a.m., before Judge Michael W. Fitzgerald. IT IS SO ORDEREDTHERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pg) TEXT ONLY ENTRY (Entered: 01/08/2021)

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MINUTES (IN CHAMBERS) ORDER RE: PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT 27 ; DEFENDANT'S MOTION FOR SUMMARY JUDGMENT 29 by Judge Michael W. Fitzgerald. Plaintiffs' Motion is GRANTED and the District's Motion is DENIED as to the Child Find and post-secondary assessment issues.Plaintiffs Motion is DENIED and the District's Motion is GRANTED as to the placement offer issue. The Court defers ruling on the Motions with respect to reimbursement. Plaintiffs are ORDERED to file a supplemental brief on or before March 1, 2021, advocating for an appropriate reimbursement amount in accordance with this Orders factual findings and legal conclusions. The Final Pretrial Conference on February 22, 2021, and the Court Trial on March 9, 2021, are VACATED. (iv) (Entered: 01/26/2021)

[NOTICE OF MOTION AND MOTION Filed as] MEMORANDUM in Support of NOTICE OF MOTION AND MOTION for Summary Judgment 27 Plaintiffs' Supplemental Brief On Remedy filed by Plaintiffs A. P., B. P., V. P.. (Woodsmall, Mark) Motion set for hearing on 3/29/2021 at 10:00 AM before Judge Michael W. Fitzgerald. Modified on 3/2/2021 (iv). Modified on 3/15/2021 (iv). (Entered: 03/01/2021)

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Plaintiff's Supplemental Brief 44 . The following error(s) was/were found: The Supplemental Brief should have been filed as a noticed Motion, as ordered by the Court 43 . In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (iv) (Entered: 03/02/2021)

RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Plaintiff's Supplemental Brief 44 by Judge Michael W. Fitzgerald. The document is accepted as filed. The docket clerk shall modify the docket entry to reflect that this is a Motion to be heard on 3/29/2021 at 10:00 a.m. before Judge Fitzgerald. (iv) (Entered: 03/02/2021)

Defendant's Opp. to Plaintiffs' Supp. Brief Opposition re: for Summary Judgment 44 filed by Defendant Pasadena Unified School District. (Attachments: # 1 Declaration of Jeff Marderosian in support of Defendant's Opp. to Plaintiffs' Supp. Brief, # 2 Exhibit Exhibits to Marderosian Decl.)(Marderosian, Jeff) (Entered: 03/15/2021)

OBJECTIONS to Objection/Opposition (Motion related), 47 and Request for Clarification filed by Plaintiffs A. P., B. P., V. P.. (Woodsmall, Mark) (Entered: 03/17/2021)

SCHEDULING NOTICE and ORDER by Judge Michael W. Fitzgerald. The Court has reviewed Plaintiffs' Request for Clarification 48 . Plaintiffs' Reply brief shall be filed no later than 3/29/2021. The hearing on Plaintiffs' Motion for Summary Judgment 44 is CONTINUED from 3/29/2021 to 4/12/2021 at 10:00am. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smom) TEXT ONLY ENTRY (Entered: 03/18/2021)

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REPLY in Support of Supplemental Brief on Remedy for Summary Judgment 44 filed by Plaintiffs A. P., B. P., V. P.. (Attachments: # 1 Declaration Supplemental Declaration of Mark Woodsmall)(Woodsmall, Mark) (Entered: 03/29/2021)

SCHEDULING NOTICE AND ORDER by Judge Michael W. Fitzgerald. Pursuant to General Order 21-03, the PLAINTIFFS SUPPLEMENTAL BRIEF ON MOTION FOR REMEDY 44 set for April 12, 2021 will be held telephonically. Counsel shall use the following conference call information: Number: (888) 278-0296; Access Code: 4787194. Counsel are ordered to remain available from 10:00 a.m. - 11:00 a.m. Any tentative ruling the Court may prepare, will be emailed to counsel prior to the hearing. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pg) TEXT ONLY ENTRY (Entered: 04/07/2021)

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MINUTES OF TELEPHONIC PLAINTIFFS' SUPPLEMENTAL BRIEF ON MOTION FOR REMEDY 44 held before Judge Michael W. Fitzgerald. Case called, and counsel make their appearance. The Court invites counsel to present their oral arguments. Arguments by counsel are heard. For the reasons stated on the record, the Court takes the matter under submission. An order will issue. Court Reporter: Amy Diaz. (iv) (Entered: 04/12/2021)

MINUTES (IN CHAMBERS) ORDER RE: PLAINTIFFS' SUPPLEMENTAL BRIEF ON REMEDY 44 by Judge Michael W. Fitzgerald. The District is ORDERED to reimburse Parents in the amount of (1) $9,635, for Bridges tuition costs incurred during the 2017-2018 school year; and (2) $3,695.20, for costs incurred for Student's psychological counseling from December 2017 through the end of the 2017-2018 school year, proportionally discounted by Parents insurance coverage. The District is further ORDERED to pay Plaintiffs' reasonable attorneys fees in the amount of $115,915.58. In addition, Plaintiffs are ORDERED to file, on or before September 13, 2021, (1) a chart calculating Parents' transportation costs to and from Bridges incurred during the 2017-2018 school year, and (2) a chart identifying the sessions Student spent with Dr. Leach during the 2018-2019 school year that were focused on independent living tasks. The District may (but is not obligated to) file a response on or before September 20, 2021. Plaintiffs are also ORDERED to file, on or before September 13, 2021, a proposed judgment in accordance with this Order. (iv) (Entered: 08/24/2021)

PLAINTIFFS' ADDITIONAL EVIDENCE RE: TRANSPORTATION COSTS AND PSYCHOLOGICAL SERVICES PURSUANT TO COURT ORDER re for Summary Judgment 44 filed by Plaintiffs A. P., B. P., V. P.. (Attachments: # 1 Declaration of B.P., # 2 Declaration of Justin Youngs, # 3 Declaration of Dr. Jody Leach, # 4 Proposed Order)(Woodsmall, Mark) (Entered: 09/13/2021)

MINUTES (IN CHAMBERS) ORDER RE: PLAINTIFFS' ADDITIONAL EVIDENCE 54 by Judge Michael W. Fitzgerald. The District is ORDERED to reimburse Parents in the amount of (1) $1,321.30 in transportation costs for two round-trips to Bridges Academy during the 2017-2018 school year, and (2) $2,829.06 in additional expenses for psychological services involving independent living skills during the 2018-2019 school year. (iv) (Entered: 11/18/2021)

JUDGMENT by Judge Michael W. Fitzgerald. IT IS HEREBY ORDERED, ADJUDGED AND DECREED that final judgment be entered in favor of Plaintiffs V.P. and B.P, the parents of A.P., and against Defendant Pasadena Unified School District as follows: Attorneys' fees and costs in the amount of $115,915.58. Accordingly, the total amount awarded is $133,396.14. (MD JS-6, Case Terminated). (iv) (Entered: 11/19/2021)

NOTICE of Satisfaction of Judgment filed by Plaintiffs A. P., B. P., V. P.. (Woodsmall, Mark) (Entered: 02/18/2022)