California OAH special education order · April 21, 2017
Order Following Prehearing Conference
OAH Case No. 2017010965 · ALJ Adrienne L. Krikorian
OAH continued the prehearing conference after Student's attorney failed to appear or file a notice of settlement, and warned that further noncompliance would bring an order to show cause on dismissal and sanctions.
Summary
No one appeared for Student at the telephonic prehearing conference. Fontana's attorney reported that the case had settled, subject to board approval, at least two weeks earlier, but Student's attorney never filed a notice of settlement with OAH. On its own motion, OAH continued the conference to April 24, 2017 and ordered Student's counsel to appear unless, before 9:00 a.m. that day, he filed either a notice of settlement with a request for a status conference or a notice of withdrawal. If Student fails to appear or comply, OAH will issue an order to show cause re dismissal and sanctions.
Why it matters
Settling a case does not take it off OAH's calendar. Counsel must promptly file a notice of settlement or withdrawal, or risk dismissal and sanctions for missing scheduled conferences.
People named in the order
- Maryam Rastegar, Attorney for Fontana Unified School District
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. 2017010965 v. ORDER FOLLOWING PREHEARING
CONFERENCE
FONTANA UNIFIED SCHOOL DISTRICT
AND ADELANTO ELEMENTARY
SCHOOL DISTRICT.
On April 21, 2017, a telephonic prehearing conference was held before Administrative Law Judge Adrienne L. Krikorian, Office of Administrative Hearings. No one appeared on behalf of Student. Attorney Maryam Rastegar appeared on behalf of Fontana Unified School District. Adelanto Elementary School District is no longer a party.
The PHC was recorded.
Ms. Rastegar reported on the record that the matter settled subject to board approval at least two weeks before this PHC. Student’s attorney failed to file a notice of settlement with OAH. Accordingly, the PHC is continued to Monday April 24, 2017 at 10:00 a.m.
Student’s counsel shall appear at the PHC as rescheduled, unless he has filed, before 9:00 a.m. on April 24, 2017, a notice of settlement subject to board approval and a request a status conference, or a notice of withdrawal. If Student fails to appear or otherwise comply with this Order, OAH will issue an order to show cause re: dismissal and re: sanctions.
IT IS SO ORDERED.
DATE: April 21, 2017
ADRIENNE L. KRIKORIAN
Administrative Law Judge Office of Administrative Hearings