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We are called upon today to review only the district court's denial of Appellant's motion to intervene, and therefore do not opine on whether the actions of LAUSD that prompted Appellants to file their motions violated federal or state law. We conclude that the district court abused its discretion in denying Appellants' motion as untimely, and further erred when it found intervention unnecessary to protect Appellants' interest in ensuring the receipt of public education consistent with their disabilities and federal law.Ī. A district court denied Appellants' motion to intervene. LAUSD calls this “integration” Appellants want their children to be schooled separately. That settlement requires a class of LAUSD's most severely disabled students to go to the same schools as the district's general, non-disabled student body. 1 Appellants seek to intervene to challenge the legality of a new policy, adopted by LAUSD in 2012 as part of a renegotiation of the Chanda Smith parties' settlement. Amster Angela Gilmartin, Law Offices of Angela Gilmartin, Woodland Hills, CA, for Movants–Appellants April Munoz, et al.Īppellants are a sub-class of moderately to severely disabled children who have moved to intervene in a class action brought on behalf of all disabled students in the Los Angeles Unified School District (“LAUSD”) against LAUSD (“the Chanda Smith Litigation”). Amster (argued), Law Offices of Seymour I. Jacobson, Encino, CA Suzanne Nancy Snowden, SJM Law Group, LLP, Los Angeles, CA, for Movants–Appellants Mina Lee, et al. Eric Scott Jacobson (argued), Law Offices of Eric S. Stith, Interim Chief Education and Litigation Counsel, LAUSD Office of General Counsel, Los Angeles, CA, for Defendant–Appellee Los Angeles Unified School District. Deneen Cox, Associate General Counsel, and Belinda D. Barrett Green (argued) and Maggy Athanasious, Littler Mendelson, P.C., Los Angeles, CA D. BEA, Circuit Judges.ĭavid Ward German (argued) and Robert Myers, Newman, Aaronson & Vanaman, Sherman Oaks, CA Catherine Blakemore, Melinda Bird, and Candis Watson Bowles, Disability Rights California, Los Angeles, CA, for Plaintiffs–Appellees.
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Decided: May 20, 2016īefore: JEROME FARRIS, RICHARD R.
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Los Angeles Unified School District, a California public entity, Defendant–Appellee. J.A., Movants, Mina Lee Frances Moreno, Movants–Appellants, v. Chanda Smith Eliza Thompson, Guardian ad Litem for Chanda Smith, individually & on behalf of all other persons similarly situated Javier Mejia Gloria Mejia Quinn Sullivan Mado Most, Plaintiffs–Appellees,Īpril Munoz Julia Flores Cheryl Ayapana V.P. April Munoz Julia Flores Cheryl Ayapana V.P. LOS ANGELES UNIFIED SCHOOL DISTRICT, a California public entity Roy Romer, in his official capacity as Superintendent of the LA Unified School District, Defendants–Appellees, v. United States Court of Appeals,Ninth Circuit.Ĭhanda SMITH Eliza Thompson, Guardian ad Litem for Chanda Smith, individually & on behalf of all other persons similarly situated Javier Mejia Gloria Mejia Quinn Sullivan Mado Most, Plaintiffs–Appellees, v.