California OAH special education order · November 21, 2018
Order Setting Aside Order to Show Cause
OAH Case No. 2018070687 · ALJ Peter Paul Castillo
OAH set aside its order to show cause against Student's attorney for missing a scheduled mediation, finding the failure to appear was an inadvertent calendar oversight for which he took full responsibility.
Summary
OAH had ordered Student's attorney, George Crook, to show cause why he should not pay OAH's costs after he and Parent failed to appear for a jointly requested October 30, 2018 mediation. The mediator had traveled to the District's office, where the District's representative was waiting. In his response, Mr. Crook took full responsibility, explaining that he misread his calendar. OAH found the failure to appear was an inadvertent oversight and set aside the order to show cause without imposing costs.
Why it matters
Missing a scheduled mediation can lead OAH to seek its costs from the responsible attorney. A prompt, candid response that accepts responsibility and shows the mistake was inadvertent can persuade OAH not to impose costs.
People named in the order
- George Crook, Student's attorney
- 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. 2018070687 v. ORDER SETTING ASIDE ORDER TO
SHOW CAUSE
LOS ANGELES UNIFIED SCHOOL
DISTRICT.
On November 9, 2018, the Office of Administrative Hearings issued an Order to Show Cause why Student’s attorney, George Crook, should not pay OAH’s costs related to the cancelation of the scheduled October 30, 2018, 9:00 a.m., mediation. The Order to Show Cause called for Student’s attorney to submit a response to OAH by November 19, 2018.
OAH received the response on November 15, 2018.
The basis for the order to show cause was that on August 22, 2018, OAH granted the parties’ joint continuance request, with their requested mediation date of 9:00 a.m., on October 30, 2018. On October 30, 2018, the assigned mediator traveled to Los Angeles Unified School District’s office. Los Angeles’ representative was present at 9:00 a.m., for the mediation. Mr. Crook and Parent did not appear for the mediation. Mr. Crook was contacted and stated that he did not realize that the mediation was scheduled for that day.
The mediation was subsequently cancelled.
In Mr. Crook’s response, he takes full responsibility for what transpired in misreading his calendar for that week, which caused him to miss the mediation. Therefore, Mr. Crook’s failure to appear was through inadvertent oversight. Accordingly, the order to show cause is set aside.
IT IS SO ORDERED.
DATE: November 21, 2018
PETER PAUL CASTILLO
Presiding Administrative Law Judge Office of Administrative Hearings