California OAH special education order · October 27, 2017
Order Setting Aside Order to Show Cause
OAH Case No. 2017090159 · ALJ Peter Paul Castillo
OAH set aside its order to show cause over a canceled mediation because both attorneys took responsibility for inadvertently failing to tell OAH the case had settled, but admonished them to calendar better.
Summary
After the parties settled, nobody told OAH, and the mediator traveled to the District's office for a second mediation that was no longer needed. OAH then ordered Student's and District's attorneys to show cause why they should not pay OAH's costs for the canceled mediation. Both attorneys accepted full responsibility and explained that the failure was an oversight. OAH rejected the argument that it should have sent a reminder notice, because the mediation paperwork already listed the date. Since the failure was inadvertent and acknowledged, OAH set aside the order to show cause and canceled the hearing on it, but admonished both attorneys to keep better scheduling systems.
Why it matters
Once a case settles, the parties must promptly tell OAH so it can cancel scheduled mediations. If they do not, both sides' attorneys can face cost-shifting. Owning the mistake quickly can help avoid sanctions.
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. 2017090159 v. ORDER SETTING ASIDE ORDER TO
SHOW CAUSE
EL RANCHO UNIFIED SCHOOL
DISTRICT.
On September 6, 2017, Student filed with the Office of Administrative Hearings a request for a due process hearing naming El Rancho Unified School District. On September 7, 2017, OAH issued a scheduled order, setting the mediation for October 11,
2017. The parties participated in the mediation and agreed upon adjournment to schedule a
second mediation for October 19, 2017.
On October 19, 2017, the assigned mediator traveled to the District’s office. The District informed the mediator upon her arrival that the parties had settled the case and therefore the second mediation was no longer required.
On October 20, 2017, the Office of Administrative Hearings issued an Order to Show Cause why Student’s and District’s counsel should not pay OAH’s costs related to cancelation of the scheduled October 19, 2017 mediation. The Order to Show Cause called for Student’s counsel, Tanya Whiteleather, and District’s Counsel, Darin Barber, to submit a response to OAH by October 25, 2017. OAH received Ms. Whiteleather’s response on October 20, 2017, and Ms. Barber’s response on October 25, 2017.
Both Ms. Whiteleather’s and Mr. Barber’s responses took full responsibility for the oversight in not contacting OAH that the second mediation was not required as the required signatures on the agreement had been obtained. As to Ms. Whiteleather’s contention that OAH should have sent notice of the second mediation as a reminder to the parties, the mediation documents prepared by the mediator and given to the parties included the October 19, 2017 mediation date. Further, both attorneys are admonished to maintain a better scheduling system as to upcoming mediations on their calendars. As the parties acknowledged responsibility and that their failure to notify OAH was due to their inadvertence, the Order Show to Cause is set aside and the Order to Show Cause hearing for October 27, 2017, is vacated.
IT IS SO ORDERED.
DATE: October 27, 2017
PETER PAUL CASTILLO
Presiding Administrative Law Judge Office of Administrative Hearings