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

» Case 3:07—cv—02400—SI Document 122 Filed 08/11/2008 Page1 of4
I Michael Petersen PRO SE
next of friend of Michael Petersen Jr. W
2 and Ryan Petersen FHQ $55 || ED u;[]8
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8 UNITED STATES DISTRICT COURT
9 NORTHERN DISTRICT OF CALIFORNIA
10
(:>}4 MICHAEL PETERSEN ON BEHALF OF CASE C07-02400SI
HIMSELF AND PARENT AND NEXT OF
12 FRIEND TO MIKE JR. AND RYAN PRO SE PLAINTIFF'S NOTICE OF MOTION
AND MOTION RE: F.R.C.P. 52(b),
13 RE: AMEND FINDINGS OF COURT,
MAKE ADDITIONAL FINDINGS OF
14 V COURT, AMEND JUDGMENT OF
8/1/08 ACCORDINGLY
15
16 MOUNT DIABLO UNIFIED SCHOOL DISTRICT ET.AL., HEARING DATE: 9/19/08
MILDRED BROWN, individually and in her official TIME: 9:00am
17 capacity as assistant superintendent of special COURTROOM: 10. 19th FL
education, KEN FERRO, individually and in his JUDGE : HON. SUSAN ILLSTON
18 official capacity as alternative dispute
19 resolution administrator
20
21 Plaintiff's hereby motion the court this 11th day of August, 2008 pursuant to
22 F.R.C.P. 52(b) within 10 days after entry of judgment from 8/1/08, to amend
23 findings of court, make additional findings of court and amend judgment
24 accordingly to grant plaintiff's claims for relief as stated on their 11/28/07
25 -brief. This motion hereby tolls the appeals timeline.
26 Plaintiff's hereby request partial, imeadiate remedie pursuant to contents of
27 plaintiff's 4/14/08 administrative motion recommending 1:1 LindaMood—Bell
28 treatment/instruction for Ryan Petersen. (currently 9th grader functioning
at primer grade level per State Certified Non Public Agency, LindaMood-Bell.
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* Case 3:07—cv—02400—SI Document 122 Filed 08/11/2008 Page 2 of 4
I Plaintiff's additionally request the court set settlement conference and
2 re—review, pursuant to F.R.C.P. 52(b), plaintiff's 6/6/08 request for
3 mandatory judicial notice and plaintiff's 7/30/08 request for mandatory
4 judicial notice (duplicating plaintiff's 7/11/08 filed self authenticating
5 evidence pertaining to, and beyond the 9/6/05 IEP) pursuant to F.R.EV.201(d),
6 filed in advance, for opposition to the 8/1/08 summary judgment motion hearing.
7
8 Plaintiff has submitted ample documentation and IDEA billing statements
9 proving Ryan Petersen is owed in excess of $3000.00 for IDEA contract SN03-1885
10 and that there were violations of the IDEA creating subject matter jurisdiction
ll regarding the 5/19/05 IEP request and beyond the 9/6/05 IEP. Plaintiff's
12 requested two mandatory resolution sessions and two mediation sessions and
13 #36—#37
were denied by the defendent's, pursuant to item/paragraph #38, on plaintiff's
14 11/28/07 brief and claims for relief while in the pursuit of IDEA remedies,
15 thus giving the educational agency the first opportunities to resolve
16 the dispute pursuant to the re authorized IDEA. (This case sets gfgcedent
17 utilizing Blanchard v. Morten 9th Cir. case law for injuries to student
18 while in the pursuit of IDEA remedies as not obtainable under the IDEA to any
19 degree for personal injuries and damages incurred.)
20
21 Plaintiff's reinterate their 8/1/08 verbal motion/objection re: defendent's
22 late served summary judgment motion served on 6/25/08 (which violates CIV.L.R.
23 7—2(a), CIV.L.R. 5-5) and incorporates their objections into this instant
24 F.R.C.P. 52(b) motion to amend the judgment to grant plaintiff's 11/28/07
25 claims for relief.
26
27 Plaintiff's object to be labeled for the use of the term "Blackballed" and
28 submits Black's Law Dictionary, 8th edition, definition of term "Blacklisted"as
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· Case 3:07—cv—02400—SI Document122 Filed 08/11/2008 Page3of4
1 " to put the name of (a person) on a list of those who are to be boycotted
2 or punished" ie; (the firm blacklisted the employee) Although the defendent's
3 verbose vexacious litigant motion was denied by the court on 8/1/08, the
4 damage of the defendent's Blacklisting the plaintiff's has already been set
5 in stone throughout our region and plaintiff's are known as vexacious and have
6 been denied equal access.
7
8 There is nothing ordinary or traditional regarding Ryan Petersen's enrollment
9 in the M®USD as stated in defendent's declarations. Ryan Petersen is classified
10 as duel enrollment and the M USD is responsible for him. This case demonstrates
ll precedence in this unique area of law. Plaintiff's hereby correct mis stated
12 statute from 8/1/08 regarding C.F.R. Sec. 3001 with the correct stautue of
13 C.C.R. Sec. 3001 in regards to Ryan Petersen duel enrollment under Master
14
Contract in the M USD.
15
16 In this instant F.R.C.P. 52(b) motion, plaintiff's additionally direct the
17 courts attention to plaintiff's 6/6/08 FRCP 201(d) request, 7/11/08 summary
18 judgment opposition brief and 7/30/08 FRCP 201(d) request regarding the
19 following submitted arguments and points of law:
20 1) Cal. Civ. Code sections 1667 and 1668 for violations of public policy and
21 of the defendent's claim to waiver under the SN03—1885 contract regarding
22 the 5/19/05 IEP request and their consideration gained from their violations
23 of public policy.
4
2 2) The heresay exception rules pursuant to F.R.EV. 803 (6), (8) as argued by
25 • • |
plaintiff s on 8/1/08.
26
3) F.R.EV. Sec. 902 et seq. (emphasis on #11) for self authentification of
27
evidence as argued by plaintiff's on 8/1/08.
28
/ / / / /
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.- Case 3:07—cv—02400—SI Document122 Filed 08/11/2008 Page4of4
1 4) The laws of the United States governing IDEA contract SN03-1885
2 as incorporated therein.
3 5) The futility of exhaustion of Office of Administrative Hearings remedies
4 as it pertains to defendents violations of law as stated therein and
5 argued orally on 8/1/08.
6 6) The statute of limitations of the 11/28/07 claims for relief.
7 7) All other oral and written arguments and submissions pertaining to
8 plaintiff's claims and filings as otherwise incorporated therein.
9
10 ;1S 11th day of August, 2008
11 Pe er en P 0
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Case 3:07-cv-02400-SI

Document 122

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