California OAH special education order · June 19, 2019
Order Denying Motion to Amend Prehearing Conference Statement
OAH Case No. 2019030244, 2019020769 · ALJ Charles Marson
OAH denied Student's request to add documents to his prehearing conference statement after the conference was held, because Student showed no good cause for missing the scheduling order's deadline.
This case went to decision
Student v. Antioch Unified School District: Antioch Unified must reimburse $1,070 for missed specialized academic instruction after a private preschool barred district staff. (2019)
Summary
Five days after the prehearing conference, Student moved to amend his prehearing conference statement to add documents to the list he expected to produce at hearing. The scheduling order required such filings three days before the conference. Student did not show good cause for the late filing, and the conference was already over with an order issued, so OAH denied the motion as untimely. The order states that Student may still ask to admit documents at hearing, and Antioch may still object.
Why it matters
Exhibit lists in prehearing conference statements must be complete by the scheduling order's deadline. Late additions need a showing of good cause, although parties can still offer documents at hearing, subject to the other side's objections.
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 Consolidated Matters of:
PARENTS ON BEHALF OF STUDENT, OAH Case No. 2019030244 v.
ANTIOCH UNIFIED SCHOOL DISTRICT,
ANTIOCH UNIFIED SCHOOL DISTRICT, OAH Case No. 2019020769 v. ORDER DENYING MOTION TO
AMEND PREHEARING CONFERENCE
PARENTS ON BEHALF OF STUDENT. STATEMENT
A prehearing conference was held in this matter on June 13, 2019, and an Order Following Prehearing Conference was issued that same day.
On June 18, 2019, Student filed a motion to amend his PHC statement by adding to the list of documents he expects to produce at hearing. Student failed to present good cause as to why the motion was not made three days prior to the PHC as required by the scheduling order in this case. Since good cause was not established, the PHC has been completed, and an order issued, the motion is denied as untimely.
Nothing in this order affects Student’s right to move for admission of documents at hearing, or Antioch’s right to object to such motions.
DATE: June 19, 2019
CHARLES MARSON
Administrative Law Judge Office of Administrative Hearings