Dispatches from the Creation Wars

Request for Help

Posted by Ed Brayton on November 29, 2005
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The lawsuit between the Association of Christian Schools International, Calvary Chapel Christian School and the University of California system over the UC’s refusal to give credit for certain courses taught in Christian schools is going to trial on December 12th, according to the New York Times. I would like to follow that trial nearly as closely as I did the Dover trial, but I don’t know anyone involved in it the way I did in Dover. I’m looking for either a public webpage that has the briefs, motions and even depositions and transcripts (when they are available) posted to it, or someone with PACER access who is willing to email me anything they can find on it. The case is taking place in the Federal District Court in Los Angeles, but that website doesn’t appear to have anything at all. So any of my legal readers out there who can find or access such information, you will receive my undying gratitude and a gold star on my refrigerator.

Slight correction: the hearing on Dec 12th is on the UC’s motion to dismiss the lawsuit. I would love to see the briefs filed by both sides on that motion.

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  1. #1 ruidh
    November 29, 2005

    The briefs aren’t on PACER. Item 18, NOTICE OF MOTION AND MOTION to Dismiss the first, second, third, and fourth “Causes of Action” dosn’t have a link on PACER. The complaint isn’t on PACER either. Apparently the opposition brief was rejected because of a failure to attach proof of service. Oops!

    Docket:
    08/25/2005 1 COMPLAINT against Defendants Roman Stearns, Susan Wilbur, Dennis J Galligani, Robert C Dynes, Office of the President of the University of California, Michael Brown, Board of Admissions and Relations with Schools (Boars), Regents of the University of California.(Filing fee $ 250 paid), filed by plaintiffs K. B., G. S., S. O., W. L., Association of Christian Schools International, Calvary Chapel Christian School, M. T., C Young.(pj, ) (Entered: 08/30/2005)
    08/25/2005 20 day Summons Issued re Complaint – (Discovery), Complaint – (Discovery)[1] as to Roman Stearns, Susan Wilbur, Dennis J Galligani, Robert C Dynes, Office of the President of the University of California, Michael Brown, Board of Admissions and Relations with Schools (Boars), Regents of the University of California. (pj, ) (Entered: 08/30/2005)
    08/25/2005 2 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiffs K. B., G. S., S. O., W. L., Association of Christian Schools International, Calvary Chapel Christian School, M. T., C Young. (pj, ) (Entered: 08/30/2005)
    08/25/2005 3 APPLICATION for attorney Wendell R Bird to Appear Pro Hac Vice. FEE PAID. filed by plaintiffs K. B., G. S., S. O., Association of Christian Schools International, Calvary Chapel Christian School, M. T., C Young. Designate Robert H Tyler as local counsel. Lodged proposed order. (pj, ) (Entered: 08/30/2005)
    08/25/2005 4 APPLICATION for attorney Jonathan T McCants to Appear Pro Hac Vice. FEE PAID. filed by plaintiffs K. B., G. S., S. O., W. L., Association of Christian Schools International, Calvary Chapel Christian School, M. T., C Young. Designate Robert H Tyler as local counsel. Lodged proposed order. (pj, ) (Entered: 08/30/2005)
    08/25/2005 FAX number for Attorney Wendell R Bird, Jonathan T McCants is 404-365-9731. (pj, ) (Entered: 08/30/2005)
    08/25/2005 FAX number for Attorney Robert H Tyler is 951-296-5068. (pj, ) (Entered: 08/30/2005)
    08/25/2005 5 NOTICE TO PARTIES OF ADR PILOT PROGRAM filed.(pj, ) (Entered: 08/30/2005)
    08/26/2005 6 INITIAL STANDING ORDER for cases assigned to Judge S. James Otero. (sv) (Entered: 09/01/2005)
    10/05/2005 7 PROOF OF SERVICE Executed upon Regents of the University of California served on 9/6/2005, answer due 9/26/2005. The Summons and Complaint were served by substituted service, by leaving copies service, by Federal statute, upon Susan Von Seeburg, University Counsel, authorized to accept service of process. Due Dilligence declaration not attached. Original Summons only copy returned. (yc, ) (Entered: 10/06/2005)
    10/05/2005 8 PROOF OF SERVICE Executed upon Board of Admissions and Relations with Schools (Boars) served on 9/9/2005, answer due 9/29/2005. The Summons and Complaint were served by personal service, by personally delivering copies service, by Federal statute, upon Michael Brown, Chairman. Due Dilligence declaration not attached. Original Summons only copy returned. (yc, ) (Entered: 10/06/2005)
    10/05/2005 9 PROOF OF SERVICE Executed upon Michael Brown, Chair of Boars served on 9/9/2005, answer due 9/29/2005. The Summons and Complaint were served by personal service, by personally delivering copies service, by Federal statute, upon Michael Brown, Chairman. Due Dilligence declaration not attached. Original Summons only copy returned. (yc, )(yc, ) (Entered: 10/06/2005)
    10/05/2005 10 PROOF OF SERVICE Executed upon Office of the President of the University of California served on 9/6/2005, answer due 9/27/2005. The Summons and Complaint were served by personal service, by personally delivering copies service, by Federal statute, upon Susan Von Seeburg, University counsel Due Dilligence declaration not attached. Original Summons only copy returned. (yc, )(yc, ) (Entered: 10/06/2005)
    10/05/2005 11 PROOF OF SERVICE Executed Susan Wilbur served on 9/6/2005, answer due 9/26/2005. The Summons and Complaint were served by sustituted Service, by leaving copies service, by Federal statute, upon Susan Wilbur. Due Dilligence declaration not attached. Original Summons not returned only copy. (yc, ) (Entered: 10/06/2005)
    10/05/2005 12 PROOF OF SERVICE Executed upon Roman Stearns, Special Assistant to the President served on 9/6/2005, answer due 9/26/2005. The Summons and Complaint were served by substitued service, by leaving copies service, by Federal statute, upon Susan Von Seeburg, University Counsel. Due Dilligence declaration not attached. Original Summons not returned. (yc, ) (Entered: 10/07/2005)
    10/05/2005 13 PROOF OF SERVICE Executed upon Robert C Dynes; President of the University of California served on 9/6/2005, answer due 9/26/2005. The Summons and Complaint were served by substitued service, by leaving copies service, by Federal statute, upon Susan Von Seeburg, University Counsel. Due Dilligence declaration not attached.. Original Summons not returned. (yc, ) (Entered: 10/07/2005)
    10/07/2005 14 DENIED STIPULATION AND ORDER by Judge S. James Otero : regarding to respond to the complaint and subsequent briefing schedule (yc, ) (Entered: 10/11/2005)
    10/11/2005 15 PROOF OF SERVICE Executed by Plaintiff K. B., G. S., S. O., W. L., Association of Christian Schools International, Calvary Chapel Christian School, M. T., C Young, upon Dennis J Galligani, Assoc VP for Student Academic Services served on 9/25/2005, answer due 10/15/2005. Original Summons not returned. (yl, ) (Entered: 10/12/2005)
    10/20/2005 16 AMENDED STIPULATION to Extend Time to Respond to The Complaint and Subsequent Briefing Schedule; ORDER by Judge S. James Otero that Defendants shall have until 10/28/2005 to answer or otherwise respond to the Complaint; Plaintiffs shall have until 11/14/2005 to respond to any motion to dismiss; and defendants shall have until 11/21/2005 to file any reply. The hearing if any on motion to dismiss shall be scheduled for 12/12/2005. NO FURTHER EXTENSIONS. (jp, ) (Entered: 10/21/2005)
    10/28/2005 17 DECLARATION of Belinda Morales regarding authenticity of documents filed by Defendants Roman Stearns, Susan Wilbur, Dennis J Galligani, Robert C Dynes, Office of the President of the University of California, Michael Brown, Regents of the University of California. (ca, ) (Entered: 11/02/2005)
    10/28/2005 18 NOTICE OF MOTION AND MOTION to Dismiss the first, second, third, and fourth “Causes of Action” filed by defendants Roman Stearns, Susan Wilbur, Dennis J Galligani, Robert C Dynes, Office of the President of the University of California, Michael Brown, Board of Admissions and Relations with Schools (Boars), Regents of the University of California. Motion set for hearing on 12/12/2005 at 10:00 AM before Honorable S. James Otero. (ca, ) (Entered: 11/02/2005)
    10/28/2005 19 REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss the first, second, third, and fourth “Causes of Action”[18] filed by defendants Roman Stearns, Susan Wilbur, Dennis J Galligani, Robert C Dynes, Office of the President of the University of California, Michael Brown, Board of Admissions and Relations with Schools (Boars), Regents of the University of California. Request set for hearing on 12/12/2005 at 10:00 AM before Honorable S. James Otero. (ca, ) (Entered: 11/02/2005)
    10/31/2005 20 NOTICE of Filing Corrected Stipulation [Appendix 1 to Request for Judicial Notice, filed October 28, 2005] filed by defendants Roman Stearns, Susan Wilbur, Dennis J Galligani, Robert C Dynes, Office of the President of the University of California, Michael Brown, Board of Admissions and Relations with Schools (Boars), Regents of the University of California. (jp, ) (Entered: 11/03/2005)
    11/02/2005 21 APPLICATION AND ORDER of Non-Resident Attorney to Appear in a Specific Case by Jonathan T. McCants as counsel for Plaintiff Association of Christian Schools International, Approved by Judge S. James Otero.(yc, ) (Entered: 11/03/2005)
    11/07/2005 22 ORDER by Judge S. James Otero granting [3] Application to Appear Pro Hac Vice by Attorney Wendell R Bird on behalf of plaintiffs K. B., G. S., S. O., Association of Christian Schools International, Calvary Chapel Christian School, M. T., C Young, designating Robert H Tyler as local counsel. (jp, ) (Entered: 11/15/2005)
    11/14/2005 23 PROOF OF SERVICE filed by plaintiffs K. B., W. L., Association of Christian Schools International, Calvary Chapel Christian School, was served on 11/11/2005. (yc, ) (Entered: 11/21/2005)
    11/15/2005 24 NOTICE OF DISCREPANCY AND ORDER: by Judge S. James Otero, ORDERING plaintiffs opposition to motion to dismiss submitted by Plaintiffs K. B., S. O., W. L., Association of Christian Schools International, M. T., C Young, Defendant Roman Stearns received on 11/14/2005 is not to be filed but instead rejected. Denial based on: no proof of service attached to document.(pj, ) (Entered: 11/22/2005)

  2. #2 Ed Fitzgerald (unfutz)
    November 30, 2005

    The ACSI website has a copy of their complaint.

    http://www.acsi.org/web2003/default.aspx?ID=1181

  3. #3 Gretchen
    November 30, 2005

    They’re having the trial on my birthday? Aw, I feel so honored.

  4. #4 Ed Brayton
    November 30, 2005

    Yeah, I’ve got a copy of the complaint. What I really want are A) the brief supporting the motion to dismiss and B) the defendant’s reply brief to the complaint. And if possible, the plaintiff’s reply brief to the motion for dismissal.

  5. #5 ruidh
    November 30, 2005

    The defendant’s brief in opposition was rejected for failure to attach proof of service. I don’t think there’ll be a reply brief until the plaintiffs correct their deficiency. Time’s running out.

  6. #6 Bruce Beckman
    December 2, 2005

    If this is going to trial Dec 12th, I’d be interested in attending. Anything concrete such as court, judge, firm date/time?

  7. #7 raj
    December 2, 2005

    I’d be interested in reading the complaint and the briefs. I’m not sure what the issue is. It is not unusual that, when a student transfers from one institution to another, the second institution determines whether to give academic credit for courses that had been taken at the prior institution. If the second institution had no course that was an analog to a couse given by the prior institution, or if the requirements were different, what would be the basis for the second institution to grant credit if the student wants a degree from the second institution? Irrespective of any religious issue.

    (Parse it)

  8. #8 Ed Brayton
    December 2, 2005

    Bruce Beckman wrote:

    If this is going to trial Dec 12th, I’d be interested in attending. Anything concrete such as court, judge, firm date/time?

    The hearing on December 12th is not the trial, it’s on the defendant’s motion to dismiss the case. It will determine whether there will be a trial or not. That hearing is taking place in the US Federal District Court in Los Angeles, the judge is S. James Otero. But the docket changes often in such cases, so if you’re planning to attend, it’s best to call the court the day before and make sure the hearing is still going to occur. If you do go, please provide us with a report.

  9. #9 Bruce Beckman
    December 14, 2005

    Ed,

    Emma Pease informed me that Otero would not be hearing arguments Dec 12th. Rather, he will be considering dismissal based on briefs only. Does anyone have copies of any of UC’s briefs in this case?