California OAH special education order · October 12, 2017
Order Denying District's Request for Continuance of Status Conference
OAH Case No. 2017060459 · ALJ Alexa J. Hohensee
OAH denied District's request to continue a status conference. District had not conferred with Student's counsel on a new date, and its other attorneys had no stated conflicts.
This case went to decision
Student v. Berkeley Unified School District: Berkeley Unified owed no FAPE because Parent lived in Richmond, outside the district; all of Student's claims denied. (2018)
Summary
District asked to continue the October 20, 2017 status conference because one of its attorneys, Ms. Silverman, had a calendar conflict. OAH denied the request because District did not discuss and confer with Student's counsel about a new date or time. OAH also noted that District had two or three attorneys at all times during the hearing and did not say its other attorneys were unavailable. District may refile after a good faith attempt to agree on a date with Student, or the parties may submit their calendars and ask OAH to pick dates.
Why it matters
OAH expects the party asking for a continuance to first try in good faith to agree on new dates with the other side. One attorney's conflict may not justify delay when other counsel on the team can attend.
People named in the order
- Ms. Silverman, District attorney (first name not stated)
- Alexa J. Hohensee, 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. 2017060459 v. ORDER DENYING DISTRICT’S
REQUEST FOR CONTINUANCE OF
BERKELEY UNIFIED SCHOOL STATUS CONFERENCE
DISTRICT.
On October 9, 2017, District filed a request to continue the status conference currently scheduled in this matter for 1:00 p.m. on October 20, 2017, due to a calendar conflict of Ms. Silverman.
District did not discuss and confer with Student’s counsel regarding a new status conference date or time. District was represented by two or three attorneys at all times throughout the hearing, and District’s request did not indicate that its other attorneys had calendar conflicts. Accordingly, District’s request is denied.
District may re-submit the request to continue after it has made a good faith attempt to find a mutually agreed date and time with Student. If the parties cannot agree on a continuance, they may submit the relevant calendar information and request OAH to select dates.
IT IS SO ORDERED.
DATE: October 12, 2017
ALEXA J. HOHENSEE
Administrative Law Judge Office of Administrative Hearings