California OAH special education order · July 13, 2016
Order Setting Aside Order to Show Cause
OAH Case No. 2016050828 · ALJ Peter Paul Castillo
OAH set aside its order to show cause against Student's counsel over a late-canceled mediation, finding she reasonably believed District would notify OAH of the settlement in time.
Summary
OAH ordered Student's counsel to show cause why she should not pay the costs of a mediation canceled on the morning it was scheduled. Counsel responded that the parties had signed a settlement the evening before, and that based on past practice she expected District to cancel the mediation, which District did at 8:00 a.m. that day. OAH noted that nothing stopped counsel from contacting OAH herself so a mediator would not make a needless trip. Even so, it found her belief that District would give timely notice was enough to set aside the order to show cause.
Why it matters
When a case settles right before a mediation or hearing, either party's attorney can be asked to pay cancellation costs. Counsel should notify OAH directly and promptly rather than assume the other side will do it.
People named in the order
- Soo Yun, Student's counsel
- Peter Paul Castillo, Presiding Administrative Law Judge
Topics
Full text of the order
Published text of the OAH order. Page headers and numbers from the original PDF have been dropped.
BEFORE THE
OFFICE OF ADMINISTRATIVE HEARINGS
STATE OF CALIFORNIA
In the Matter of:
PARENT ON BEHALF OF STUDENT, OAH Case No. 2016050828 v. ORDER SETTING ASIDE ORDER TO
SHOW CAUSE
LOS ANGELES UNIFIED SCHOOL
DISTRICT.
On July 6, 2016, the Office of Administrative Hearings issued an Order to Show Cause why Student’s counsel should not pay the costs related to cancelation of the scheduled July 6, 2016 mediation. The Order to Show Cause called for Student’s counsel, Soo Yun, to submit a response to OAH by July 13, 2016. OAH received the response on July 12, 2016.
From the response, it appeared that Student and Los Angeles Unified School District reached an agreement on July 5, 2016, which Parents signed and Ms. Yun sent to District in the early evening. District sent Ms. Yun a fully executed copy of the agreement at 7:00 a.m., and Ms. Yun expected District to contact OAH to cancel the mediation, which District did at 8:00 a.m. on the day of the mediation.
Because Ms. Yun knew that the parties had an agreement as of the evening of July 5, 2016, as Parents had signed the agreement District had sent her, she knew that the mediation scheduled for the next day would not occur and presumably told Parents that they need not go the District office on July 6, 2016. While Ms. Yun expected from past practice that District typically called OAH to cancel the mediation, nothing prevented her from contacting OAH to ensure that a mediator would not make a needless trip to the mediation. However, Ms. Yun set forth sufficient facts to set aside the Order to Show Cause based on her belief that District would timely notify OAH.
IT IS SO ORDERED.
DATE: July 13, 2016
PETER PAUL CASTILLO
Presiding Administrative Law Judge Office of Administrative Hearings