K.W. v. Carlsbad Unified School District

• Court: District Court, S.D. California
• Decided: August 11, 2025
• Docket: 3:25-cv-00649
• Status: Unknown

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 K.W., a minor, by and through her Case No.: 25-cv-0649-JES-DEB mother, NEKAIYA WILSON, 12 ORDER GRANTING JOINT Plaintiff, 13 MOTION TO CONTINUE [DKT. NO. v. 24] AND NOTICE AND ORDER 14 SETTING EARLY NEUTRAL CARLSBAD UNIFIED SCHOOL 15 EVALUATION AND CASE DISTRICT, et al. MANAGEMENT CONFERENCES 16

Defendants. 17

18 19 At the parties’ request and with good cause appearing, the Court GRANTS the 20 parties’ Joint Motion to Continue the Early Neutral Evaluation (“ENE”) and Case 21 Management Conference (“CMC”). Dkt. No. 24 (Joint Mot. to Continue). 22 The August 20, 2025 ENE is VACATED and RESET for September 12, 2025 at 23 9:00 AM before Magistrate Judge Daniel E. Butcher. In the event the case does not settle 24 during the ENE, the Court will hold a CMC pursuant to Fed. R. Civ. P. 16(b) immediately 25 following the conclusion of the ENE. 26 The following are mandatory guidelines for the parties preparing for the ENE. 27 Absent express permission obtained from this Court, counsel must timely comply with the 28 dates and deadlines herein. 1 1. Review of Chambers Rules: Counsel must refer to the Civil Local Rules, 2 the undersigned’s Chambers Rules for Civil Cases, as well as the Chambers Rules of the 3 assigned District Judge, which are accessible via the Court’s website at 4 www.casd.uscourts.gov. 5 2. Purpose of the ENE: The purpose of the ENE is to permit an informal 6 discussion between the attorneys, parties, and the Magistrate Judge of every aspect of the 7 lawsuit in an effort to achieve an early resolution of the case. Counsel attending the ENE 8 are expected to have a command of the facts and applicable law. Counsel and the parties 9 must be prepared to engage in a detailed discussion of the merits of their respective cases 10 and engage in good faith settlement discussions. All discussions during the ENE are 11 informal, off the record, privileged and confidential. Counsel for any non-English 12 speaking party is responsible for arranging for the appearance of an interpreter at the 13 conference. 14 3. Full Settlement Authority Is Required: Pursuant to Local Rule 16.1.c.1, all 15 parties, party representatives, including claims adjusters for insured parties, and the 16 principal attorney(s) responsible for the litigation must participate in the ENE.2 This 17 appearance must be made with full and unlimited authority to negotiate and enter into a 18 binding settlement.3 In the case of a corporate entity, an authorized representative of the 19

20 1 As used herein, references to “counsel” or “attorney(s)” include any party 21 representing himself or herself.

22 2 The attendance requirement includes parties that are indemnified by others. Any 23 deviation from this Order requires prior Court approval.

24 3 Full authority to settle means that the individuals at the ENE Conference are 25 authorized to fully explore settlement options and to agree at that time to any settlement terms acceptable to the parties. Heileman Brewing Co., Inc. v. Joseph Oat Corp., 871 F.2d 26 648, 653 (7th Cir. 1989). The person needs to have “unfettered discretion and authority” 27 to change the settlement position of a party. Pitman v. Brinker Int’l, Inc., 216 F.R.D. 481, 485-486 (D. Ariz. 2003). One of the purposes of requiring a person with unlimited 28 1 corporation who is not retained outside counsel must be present and must have 2 discretionary authority to commit the company to pay an amount up to the amount of the 3 plaintiff’s prayer (excluding punitive damage prayers). The purpose of this requirement is 4 to have representatives present who can settle the case during the course of the conference 5 without consulting a superior. 6 Counsel for a government entity may be excused from this requirement so long as 7 the government attorney who participates in the ENE (1) has primary responsibility for 8 handling the case; and (2) may negotiate settlement offers that the attorney is willing to 9 recommend to the government official having ultimate settlement authority. 10 4. Substantiation Requirement for Demand for Attorney Fees: During the 11 ENE, Plaintiff's counsel must be prepared to present for in camera review documentation 12 supporting the amount of attorneys' fees and costs claimed. 13 5. Procedure for Zoom Videoconference Appearance: The Court will use its 14 Zoom4 video conferencing account to hold the ENE. 5 Prior to the start of the ENE, the 15 16 17 altered during the face-to-face conference. Pitman, 216 F.R.D. at 486. Limited or sum 18 certain authority is not adequate. Nick v. Morgan’s Foods, Inc., 270 F.3d 590, 595-597 19 (8th Cir. 2001).

20 4 If you are unfamiliar with Zoom: Zoom is available on computers through a 21 download on the Zoom website (https://zoom.us/meetings) or on mobile devices through the installation of a free app. Joining a Zoom conference does not require creating a Zoom 22 account, but it does require downloading the .exe file (if using a computer) or the app (if 23 using a mobile device). Participants are encouraged to create an account, install Zoom and familiarize themselves with Zoom in advance of the ENE. There is a cost-free option for 24 creating a Zoom account. For help getting started with Zoom, visit: 25 https://support.zoom.us/hc/en-us/categories/200101697-Getting-Started.

26 5 Counsel may request the ENE and CMC be converted to an in-person appearance 27 informally through a joint call or email to the Court’s chambers (efile_butcher@casd.uscourts.gov). Counsel must meet and confer prior to making such a 28 1 Court will email counsel an invitation with the Zoom meeting hyperlink and password to 2 participate in the ENE.6 3 Each participant should plan to join the Zoom video conference at least five minutes 4 before the start of the ENE to ensure that the conference begins on time. Zoom’s 5 functionalities will allow the Court to conduct the ENE as it ordinarily would conduct an 6 in-person one. The Court will divide participants into separate, confidential sessions, which 7 Zoom calls Breakout Rooms.7 In a Breakout Room, the Court will be able to confidentially 8 and individually communicate with participants. Breakout Rooms will also allow parties 9 and counsel to communicate confidentially outside the presence of the Court. 10 Counsel are responsible for ensuring their clients are able to participate in the ENE. 11 All participants must display the same level of professionalism and attention during the 12 ENE as if they were attending in person (e.g., not be driving while speaking to the Court, 13 or otherwise distracted). Participants are encouraged to use laptops or desktop computers 14 for the video conference, if possible, as mobile devices often offer inferior performance. 15 Because Zoom may quickly deplete the battery of a participant’s device, each participant 16 should ensure that their device is plugged in or that a charging cable is readily available 17 during the video conference. 18 6. Pre-ENE Meet and Confer & ENE Statement Requirements: Based upon 19 the Court's familiarity with cases brought pursuant to the Americans with Disabilities Act 20 (“ADA”), and in the interest of promoting the just, efficient, and economical determination 21 of this action, the Court issues the following orders: 22 23 24

25 6 Participants who do not have Zoom already installed on their device when they click on the Zoom meeting hyperlink will be prompted to download and install Zoom before 26 proceeding. 27 7 For more information on what to expect when participating in a Zoom Breakout 28 1 a. No later than August 20, 2025, Plaintiff's counsel must lodge with 2 Magistrate Judge Butcher's chambers, and serve on opposing counsel, an ENE 3 statement not in excess of five (5) pages that includes the following information: 4 i. An itemized list of all claimed violations of the ADA on the subject premises. A recitation of regulations, by number, will not satisfy this 5 requirement. The claimed violations must be specifically described; 6 ii. A statement of the amount and category of damages claimed by 7 Plaintiff; 8 i. The amount claimed for attorneys' fees and costs; and 9

10 ii. Plaintiff's demand for settlement of the case in its entirety.

11 b. No later than August 29, 2025, counsel for the parties must meet and 12 confer in person at the subject premises regarding settlement of the alleged ADA 13 violations and Plaintiff’s demand for damages, costs, and attorneys’ fees. Counsel 14 must attend this meeting in person and with authority to negotiate a settlement at this 15 meeting. 16 c. No later than September 5, 2025, counsel must send an e-mail to the 17 Court at efile_butcher@casd.uscourts.gov containing the following: 18 i. The name and title(s)/position(s) of each participant, including 19 counsel, all parties and party representatives, and claims adjusters; 20 ii. An e-mail address for each attorney participant to receive the Zoom 21 video conference invitation; 22 iii. A telephone number where each attorney participant may be reached 23 so that, if technical difficulties arise, the Court will be in a position to 24 proceed telephonically instead of by video conference; and

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27 8 Materials that are directed to be lodged with the Court’s chambers should be submitted by email to efile_butcher@casd.uscourts.gov. 28 1 iv. a joint ENE statement certifying the in-person conference between counsel occurred. The joint ENE statement must advise the Court of any 2 agreements, or tentative agreements, resulting from discussions between 3 counsel, set forth all remaining issues to be discussed during the ENE, and describe any settlement demands and/or offers exchanged. 4

5 d. Each party must provide the Court with a confidential ENE Statement, 6 lodged at efile_butcher@casd.uscourts.gov by September 5, 2025. Please consult Judge 7 Butcher’s Chambers Rules concerning the requirements of the confidential ENE 8 Statement. 9 7. Case Management Conference: If the case does not settle during the ENE 10 the Court will immediately proceed with the Case Management Conference (“CMC”). The 11 parties are, therefore, ordered to comply with Fed. R. Civ. P. 26 and proceed with the initial 12 disclosure process in advance of the CMC as follows: 13 a. Initial disclosures, pursuant to Rule 26(a)(1)(A-D), must occur on or 14 before September 5, 2025; and 15 b. A Joint Discovery Plan must be filed on the CM/ECF system no later 16 than September 5, 2025. The Joint Discovery Plan must be one 17 document and must explicitly address all topics identified in Fed. R. 18 Civ. P. 26(f)(3). In addition, the discovery plan must include: 19 i. Service: Whether any parties remain to be served and a 20 proposed deadline for service if any parties remain to be served;

21 ii. Amendment of Pleadings: The extent to which parties, claims, 22 or defenses are expected to be added or dismissed and a proposed deadline for amending the pleadings; 23

24 iii. Protective Order: Whether a protective order is contemplated to cover the exchange of confidential information and, if so, the 25 date by which the proposed order will be submitted to the 26 Court;

27 iv. Electronic Discovery: In addition to the requirements set forth 28 in Fed. R. Civ. P. 26(f)(3)(C), the parties must represent they 1 have reviewed the Checklist for Rule 26(f) Meet and Confer Regarding Electronically Stored Information (“ESI”)9 and 2 describe their agreements regarding methodologies for locating 3 and producing electronically stored information and the production of metadata, and must identify any issues or 4 agreements regarding electronically stored information that 5 may not be reasonably accessible (see Fed. R. Civ. P. 26(b)(2)(B)); 6

7 v. Discovery: In addition to the Fed. R. Civ. P. 26(f)(3)(B) requirements, the parties must describe the discovery taken to 8 date (if any) and any identified discovery disputes; 9 vi. Related Cases: Any related cases or proceedings pending 10 before another judge of this court, or before another court or 11 administrative body;

12 i. Scheduling: During the CMC, the Court will set deadlines for fact 13 discovery (typically 5 months after the CMC), expert designations and disclosures (6-7 months after the CMC), expert discovery (8 14 months after the CMC), filing of dispositive motions (9 months after 15 the CMC), filing class certification motion if class is alleged (this date varies among district judges and is usually 1 month before the 16 fact discovery cutoff, and class discovery is not bifurcated), the 17 Mandatory Settlement Conference (see CivLR 16.3) (just before fact discovery cutoff), pretrial conference (generally 4 months after 18 dispositive motions are filed), and trial (1 month after the pretrial 19 conference);10 vii. 20 viii. Trial: Whether the case will be tried to a jury or to the Court, 21 and the expected length of the trial;

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24 9 The Checklist for Rule 26(f) Meet and Confer Regarding ESI can be found at 25 https://www.casd.uscourts.gov/judges/butcher/docs/Electronically%20Stored%20Informa tion%20Checklist.pdf 26

27 10 These dates vary depending upon the district judge assigned to the case; dates will be announced at the CMC and set forth in a subsequently filed Scheduling Order. Parties may 28 1 ix. Professional Conduct: Confirmation that all attorneys who will be listed in the pleadings or motions for any party have reviewed Local Rule 2.1 and agree to abide by the Court’s Code 3 of Conduct; and 4 x. Miscellaneous: Such other matters as may facilitate the just, 5 speedy and inexpensive disposition of the matter. 6 8. Requests to Continue an ENE: Requests to continue the ENE are strongly disfavored. A request for continuance may be initiated by counsel placing a joint call or 8 email to the Court’s chambers (efile _butcher@casd.uscourts.gov). Counsel must meet and confer prior to making such a request. 10 Any request for a continuance must be made as soon as counsel is aware of the circumstances that warrant rescheduling the conference. Requests to continue the ENE based on a pre-existing scheduling conflict must be made within 10 days of the issuance of 13 this Order. When requesting a continuance of the ENE, counsel should keep in mind that M4 Civil Local Rule 16.1.c.1. requires the ENE take place within 45 days of the filing of the 15 first Answer. 16 9. New Parties Must Be Notified by Plaintiff's Counsel: Plaintiff's counsel M7 must give notice of the ENE and provide a copy of this Order to parties responding to the 18 Complaint after the date of this notice. 19 Questions regarding this case or the mandatory guidelines set forth herein may be 20 directed to the Magistrate Judge’s law clerks at (619) 446-3704. 21 A Notice of Right to Consent to Trial Before a United States Magistrate Judge is 22 attached for your information. 23 IT IS SO ORDERED. 24 Dated: August 11, 2025 — 25 Wand i Mn, 26 Honorable Daniel E. Butcher 17 United States Magistrate Judge 28

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1 2 NOTICE OF RIGHT TO CONSENT TO TRIAL 3 BEFORE A UNITED STATES MAGISTRATE JUDGE 4 5 IN ACCORDANCE WITH THE PROVISIONS OF 28 U.S.C. § 636(c), YOU ARE 6 HEREBY NOTIFIED THAT A U.S. MAGISTRATE JUDGE OF THIS DISTRICT MAY, 7 UPON THE CONSENT OF ALL PARTIES, ON FORM 1A AVAILABLE IN THE 8 CLERK’S OFFICE, CONDUCT ANY OR ALL PROCEEDINGS, INCLUDING A JURY 9 OR NON-JURY TRIAL, AND ORDER THE ENTRY OF A FINAL JUDGMENT. 10 COUNSEL FOR THE PLAINTIFF SHALL BE RESPONSIBLE FOR OBTAINING THE 11 CONSENT OF ALL PARTIES, SHOULD THEY DESIRE TO CONSENT. 12 YOU SHOULD BE AWARE THAT YOUR DECISION TO CONSENT OR NOT 13 TO CONSENT IS ENTIRELY VOLUNTARY. ONLY IF ALL PARTIES CONSENT 14 WILL THE JUDGE OR MAGISTRATE JUDGE TO WHOM THE CASE HAS BEEN 15 ASSIGNED BE INFORMED OF YOUR DECISION. 16 JUDGMENTS OF THE U.S. MAGISTRATE JUDGES ARE APPEALABLE TO 17 THE U.S. COURT OF APPEALS IN ACCORDANCE WITH THIS STATUTE AND 18 THE FEDERAL RULES OF APPELLATE PROCEDURE. 19 20 21 22 23 24 25 26 27 28