California OAH special education order · January 10, 2022
Order for Student's Counsel to File Electronic Copies of Student's Exhibits
OAH Case No. 2021060183 · ALJ Rommel P. Cruz
OAH ordered Student's withdrawing law firms to still file Student's electronic exhibits by the next day's deadline, because they withdrew so late and the case needed an orderly presentation.
Summary
Student's attorneys, Disability Rights Legal Center and Davis Wright Tremaine LLP, filed a notice that they were withdrawing immediately. They filed it one day before the court-ordered deadline for exhibits, and Parents would now represent Student. Acting on its own, OAH ordered the withdrawing firms to file electronic copies of Student's exhibits by 5:00 PM on January 11, 2022. OAH explained that the withdrawal came very late and that the order was needed to keep Student's case orderly.
Why it matters
When attorneys withdraw on the eve of a deadline, OAH may require them to finish key tasks, such as filing exhibits, so the family is not left without its evidence. Parents facing a sudden attorney withdrawal should make sure exhibits and other filings are completed and handed over.
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:
PARENTS ON BEHALF OF STUDENT,
v.
LANCASTER SCHOOL DISTRICT.
OAH CASE NUMBER 2021060183
ORDER FOR STUDENT’S COUNSEL TO FILE ELECTRONIC
COPIES OF STUDENT’S EXHIBITS
JANUARY 10, 2022
On June 3, 2021, Parents on behalf of Student filed with the Office of Administrative Hearings, called OAH, a Due Process Hearing Request naming Lancaster School District. On November 23, 2021, OAH continued the matter for a fifth time based on the parties’ joint request to continue the due process hearing to allow the parties additional time to negotiate a settlement. OAH ordered the parties to file electronic copies of their exhibits with OAH no later than 5:00 PM on January 11, 2022.
On January 10, 2022, Student’s counsels, Disability Rights Legal Center and Davis Wright Tremaine LLP, filed a Notice of Withdrawal of Counsel, indicating counsels’ immediate withdrawal from representing Student and Parents, and that Parents were now representing Student in this matter.
Due to the late timing of the Notice to Withdrawal of Counsel and to ensure the orderly presentation of Student’s case, Disability Rights Legal Center and Davis Wright Tremaine LLP shall file electronic copies of Student’s exhibits no later than 5:00 PM on January 11, 2022, in accordance with the Order Setting Procedures for Filing Exhibits Electronically.
IT IS SO ORDERED.
Rommel P. Cruz Administrative Law Judge Office of Administrative Hearings