Free Motion for Miscellaneous Relief - District Court of California - California

Case 3:07-cv-02400-SI Document 19 Filed O9/17/2007 Page 1 of 2
l Michael Petersen, Parent Pro Se D
next of friend of Michael Petersen Jr. _] p _ »
2 and Ryan Petersen gif? \`l In ll} Ob
P.O. Box 2462 ` `" __ V ,_ ,~
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3 V1sal1a Ca. 93291 F
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5
6
7
8 UNITED STATES DISTRICT COURT
9 NORTHERN DISTRICT OF CALIFORNIA
10
ll MICHAEL PETERSEN on behalf of himself and CASE # C 07-2400SI
parent and next of friend to Mike Jr. and Ryan # C 07-CV00646 LJ O
disabled minors children PRO SE
13 PLAINTIFF’S
REPLY TO 9/10/07 ORDER
14 V. TO SHOW CAUSE
MOTION FOR NEW SCHEDULING
15 ORDER
16
17
18 CALIFORNIA SPECIAL EDUCATION HEARING
OFFICE, MCGEORGE SCHOOL OF LAW et.a1.
19 HEARING OFFICER, VINCENT PASTORINO
MOUNT DIABLO UNIFIED SCHOOL DISTRICT et. al
20 MILDRED BROWN, individually and in her official
capacity as assistant superintendent of special education
21 KEN F ERRO, individually and in his official capacity as
Altemative Dispute Resolution Administrator
22
23 DEF ENDANTS
24
25 On 9/10/07, the court issued order to show cause Re; plaintiffs failure to appear at case
26 management conference, failure to prosecute and failure to serve defendants and ordered plaintiff
27 to respond by 9/17/07. Plaintiff hereby reply’s as to the courts directives as follows:
28 Defendants were in fact served with Eastern District Court and Northern District court surnrnons

Case 3:07-cv-02400-SI Document 19 Filed O9/17/2007 Page 2 of 2
1 and the complaint. Defendants have acknowledged acceptance of service thus filing briefs
2 accordingly. In light of some defendants hostile response in requesting punishment to p1aintiff’s
3 by striking plaintiff’s complaint without leave to amend and their request to recover attorney’s
4 fees, it is this plaintiff that urges the court to recognize the unprecedented travesty that has
5 occurred against plaintiff’ s children and requests the court not issue further punishment to
6 plaintiff` s.
7 In accordance with Fed.R.Civ.P 16 (b), plaintiff is not aware of circumstances that should
8 constitute punishment. This section indicates " the order shall issue as soon as practical but in
9 any event within 90 days @ the appearance of the defendant and within 120 days @ the
10 complaint has been served on a defendant".
11 Additionally, the 1993 amendment to Fed.R.Civ.P.16(b) elaborates in that " the former rule
12 directed that the order be entered within 120 days from the tiling of the complaint. This
13 requirement has created problems because Rule 4(m) allows 120 days for service. The revision
14 provides that the order is to be entered within 90 days @r the date a defendant first appears
15 (whether by answer or by a motion under Rule 12 as in this instant matter )and within 120 days
16 @ service of the complaint .... ".
17
18 Respectfully submitted,
19 , v/
20
21 / / / / /
22 / / / / /
23 / / / / /
24 / / / //
25 / / / / /
26 / / / / /
27 / / / //
28 / / / / /

Case 3:07-cv-02400-SI

Document 19

Filed 09/17/2007

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Case 3:07-cv-02400-SI

Document 19

Filed 09/17/2007

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