California OAH special education order · September 17, 2018

Order Setting Aside Order to Show Cause Re Lisa Shafii

OAH Case No. 2018070743 · ALJ Peter Paul Castillo

OAH set aside its order to show cause against Student's attorney for missing a scheduled mediation, finding her absence excusable because of documented medical issues following the birth of her child.

Order to show cause Sanctions and cost-shifting

Summary

OAH had issued an order to show cause why Student's attorney, Lisa Shafii, should not pay OAH's costs after she and Parent failed to appear at a scheduled September 13, 2018 mediation. The mediator had traveled to the District's office and could not reach her. Co-counsel Margaret J. McNair responded with documentation of Ms. Shafii's recent medical issues after giving birth. OAH found the failure to appear excusable and set aside the order to show cause.

Why it matters

Missing a scheduled mediation can expose an attorney to paying OAH's costs. A prompt, documented response explaining good cause, such as a medical condition, can avoid sanctions.

People named in the order

  • Lisa Shafii, Student's attorney
  • Margaret J. McNair, Student's co-counsel and managing attorney, Hope4Families: A Special Education Law Firm
  • Peter Paul Castillo, Presiding Administrative Law Judge

Topics

order to show cause mediation failure to appear sanctions good cause

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. 2018070743 v. ORDER SETTING ASIDE ORDER TO

SHOW CAUSE RE LISA SHAFII

COMPTON UNIFIED SCHOOL

DISTRICT.

On September 13, 2018, the Office of Administrative Hearings issued an Order to Show Cause why Student’s attorney, Lisa Shafii, should not pay OAH’s costs related to the cancelation of the scheduled September 13, 2018, 9:30 a.m., mediation. The Order to Show Cause called for Student’s attorney to submit a response to OAH by September 17, 2018.

OAH received the response from Margaret J. McNair, co-counsel and managing attorney of Hope4Families: A Special Education Law Firm, on September 14, 2018.

The basis for the order to show cause was that on August 29, 2018, OAH granted the parties’ joint request for continuance, setting a mediation for 9:30 a.m., on September 13,

2018. On September 13, 2018, the assigned mediator traveled to the District’s office. The

District’s attorney and representative were present at 9:30 a.m., for the mediation. Ms. Shafii and Parent did not appear for the mediation. The mediator called Ms. Shafii twice, the first time leaving a voice mail message, and the second time tried to reach someone in her office to no avail. The mediation was subsequently cancelled.

In Ms. McNair’s response, she documents medical issues that Ms. Shafii has recently had after the birth of her child. Therefore, Ms. Shafii’s failure to appear was due to her medical condition and excusable. Accordingly, the order to show cause is set aside.

IT IS SO ORDERED.

DATE: September 17, 2018

PETER PAUL CASTILLO

Presiding Administrative Law Judge Office of Administrative Hearings