Common use of Closed Cases Clause in Contracts

Closed Cases. The data in these tables is required by Task 4.3(b)(3 and 10). There are times when a decision is issued on expedited issues and a hearing on the remaining issues may not occur during the quarter. This may happen if the parties may reach an agreement on the remaining issues, the party that filed the case may decide to withdraw the case, the hearing may be scheduled for a date after the quarter ends, or there may be another reason. When this happens the number of cases closed because a decision was issued may not be the same as the number of hearings held, which is reported later in this report. An explanation for the difference, when there is one, will be added to explain the difference. There were no cases in the relevant quarter with decisions issued that were not closed due to decision issuance. REASON CASE WAS CLOSED Reason Case Was Closed 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Year to Date Decision Issued 30 21 19 70 Chose not to Participate in Mediation for a Mediation Only Case 8 7 5 20 Filing Party Failed to Amend a Complaint When Required 30 9 2 41 Inactivity 4 2 5 11 Motion to Dismiss was Granted 4 5 5 14 Parties Did Not Settle In a Mediation-Only Case 14 19 10 43 Parties Fully Settled at Mediation 117 65 110 292 Parties Settled During Resolution Session 11 20 18 49 Parties Settled But Not At Mediation or Resolution Session 759 663 648 2,070 Filing Party Withdrew Their Case 79 80 93 252 Other 0 1 1 2 Total Cases Closed 1,056 892 916 2,864 In the “Reason Case Was Closed” table shown above, the numbers in the “Total Cases Closed” row are the sum of the numbers in each column above and the numbers in the “Year to Date” column are the sum of the numbers in the row next to it. DUE PROCESS HEARINGS The data in these tables is required by Task 4.3(b)(4-9). This data includes expedited hearings among all other hearings. For information specific to only the expedited hearing requests, refer to the Expedited Hearing Requests section of this report. At the time of this report, there are 864 due process hearings pending. DUE PROCESS HEARING DECISIONS Timelines of Issued Decisions 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Year to Date Issued within Extended Timeline 32 21 19 72 Issued after Timeline and Extension Expired 0 0 0 0 Total Number of Decisions Issued 33 21 19 73 In the above table called “Due Process Hearing Decisions” the numbers in the row “Total Number of Decisions Issued” are the sum of the numbers in the column above and the numbers in the column “Year to Date” are the sum of the numbers in the row next to it. RESOLUTION SESSIONS The data in these tables is required by Task 4.3(b)(2). RESOLUTION SESSION OUTCOMES AS REPORTED Resolution Session Statuses 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Year to Date Number of Resolution Sessions Reported as Held 167 155 181 503 Number of Resolution Sessions Reported as Waived with Intent to Use Mediation in Lieu Of 238 325 215 778 Number of Resolution Sessions Reported as Not Held or No Data was Reported 466 466 490 1,422 In the above table called “Resolution Session Outcomes as Reported” the numbers in the column “Year to Date” are the sum of the numbers in the row next to it.

Closed Cases. The data in these tables is required by Task 4.3(b)(3 and 10). There are times when a decision is issued on expedited issues and a hearing on the remaining issues may not occur during the quarter. This may happen if the parties may reach an agreement on the remaining issues, the party that filed the case may decide to withdraw the case, the hearing may be scheduled for a date after the quarter ends, or there may be another reason. When this happens the number of cases closed because a decision was issued may not be the same as the number of hearings held, which is reported later in this report. An explanation for the difference, when there is one, will be added to explain the difference. There were no cases in the relevant quarter with decisions issued that were not closed due to decision issuance. However, there was one case closed in the fourth quarter that went to hearing but was dismissed as moot due to resolution of the sole issue presented for hearing by documentation provided at start of the hearing. That case has been included in the count for cases with the reason case was closed as “Motion to Dismiss was Granted,” as no decision was issued. REASON CASE WAS CLOSED Reason Case Was Closed 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Year to Date Decision Issued 30 21 19 70 16 86 Chose not to Participate in Mediation for a Mediation Only Case 8 7 5 20 8 28 Filing Party Failed to Amend a Complaint When Required 30 9 2 41 2 43 Inactivity 4 2 5 11 5 16 Motion to Dismiss was Granted 4 5 5 14 3 17 Parties Did Not Settle In a Mediation-Only Case 14 19 10 43 28 71 Parties Fully Settled at Mediation 117 65 110 292 118 410 Parties Settled During Resolution Session 11 20 18 49 17 66 Parties Settled But Not At Mediation or Resolution Session 759 663 648 2,070 714 2,784 Filing Party Withdrew Their Case 79 80 93 252 Other 0 1 1 2 96 348 Total Cases Closed 1,056 892 916 2,864 1,008 3,872 In the “Reason Case Was Closed” table shown above, the numbers in the “Total Cases Closed” row are the sum of the numbers in each column above and the numbers in the “Year to Date” column are the sum of the numbers in the row next to it. DUE PROCESS HEARINGS The data in these tables is required by Task 4.3(b)(4-9). This data includes expedited hearings among all other hearings. For information specific to only the expedited hearing requests, refer to the Expedited Hearing Requests section of this report. At the time of this report, there are 864 999 due process hearings pending. DUE PROCESS HEARING DECISIONS Timelines of Issued Decisions 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Year to Date Issued within Extended Timeline 32 21 19 72 15 87 Issued after Timeline and Extension Expired 0 0 0 0 0 Total Number of Decisions Issued 33 21 19 73 16 89 In the above table called “Due Process Hearing Decisions” the numbers in the row “Total Number of Decisions Issued” are the sum of the numbers in the column above and the numbers in the column “Year to Date” are the sum of the numbers in the row next to it. RESOLUTION SESSIONS The data in these tables is required by Task 4.3(b)(2). RESOLUTION SESSION OUTCOMES AS REPORTED Resolution Session Statuses 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Year to Date Number of Resolution Sessions Reported as Held 167 155 181 503 166 669 Number of Resolution Sessions Reported as Waived with Intent to Use Mediation in Lieu Of 238 325 215 778 268 1,046 Number of Resolution Sessions Reported as Not Held or No Data was Reported 466 466 490 1,422 640 2,062 In the above table called “Resolution Session Outcomes as Reported” the numbers in the column “Year to Date” are the sum of the numbers in the row next to it.

Closed Cases. The data in these tables is required by Task 4.3(b)(3 and 10). There are times when a decision is issued on expedited issues and a hearing on the remaining issues may not occur during the quarter. This may happen if the parties may reach an agreement on the remaining issues, the party that filed the case may decide to withdraw the case, the hearing may be scheduled for a date after the quarter ends, or there they may be another reason. When this happens the number of cases closed because a decision was issued may not be the same as the number of hearings held, which is reported later in this report. An explanation for the difference, when there is one, will be added to explain the difference. There were no cases in the relevant quarter with decisions issued that were not closed due to decision issuance. REASON CASE WAS CLOSED Reason Case Was Closed 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Year to Date Decision Issued 30 21 19 70 25 27 52 Chose not to Participate in Mediation for a Mediation Only Case 8 7 5 20 25 14 39 Filing Party Failed to Amend a Complaint When Required 30 9 2 41 1 6 7 Inactivity 1 4 2 5 11 Motion to Dismiss was Granted 4 5 5 14 Parties Did Not Settle In a Mediation-Only Case 14 19 10 43 1 8 9 Parties Fully Settled at Mediation 117 65 110 292 493 452 945 Parties Settled During Resolution Session 11 20 18 47 49 96 Parties Settled But Not At Mediation or Resolution Session 759 663 648 2,070 490 561 1,051 Filing Party Withdrew Their Case 79 80 93 252 Other 0 1 1 2 159 152 311 Total Cases Closed 1,056 892 916 2,864 1,257 1,289 2,546 In the “Reason Case Was Closed” table shown above, the numbers shown in the “Total Cases Closed” row are the sum of the numbers in each column above and the numbers in the “Year to Date” column are the sum of the numbers in the row rows next to it. DUE PROCESS HEARINGS The data in these tables is required by Task 4.3(b)(4-9). This data includes expedited hearings among all other hearingsin the figures provided. For information specific to only the expedited hearing requests, refer to the Expedited Hearing Requests section of this report. At the time of this report, there are 864 899 due process hearings pending. DUE PROCESS HEARING DECISIONS Decisions Issued Timelines of Issued Decisions 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Year to Date Issued within Extended Timeline, including within Expedited Timeline 32 21 19 72 Issued after Timeline and Extension Expired 0 0 0 0 25 27 52 Total Number of Decisions Issued 33 21 19 73 25 27 52 In the above table called “Due Process Hearing Decisions” the numbers in the row “Total Number of Decisions Issued” are the sum of the numbers in the column above each number and the numbers in the column “Year to Date” are the sum of the numbers in the row next to it. RESOLUTION SESSIONS The data in these tables is required by Task 4.3(b)(2). RESOLUTION SESSION RESOLUTIONS SESSIONS OUTCOMES AS REPORTED Resolution Session Sessions Statuses 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Year to Date Number of Resolution Sessions Reported as Held 167 155 181 503 188 179 367 Number of Resolution Sessions Reported as Waived with Intent to Use Mediation in Lieu Of 238 325 215 778 210 54 264 Number of Resolution Sessions Reported as Not Held or No Data was Reported 466 466 490 1,422 861 928 1,789 In the above table called “Resolution Session Sessions Outcomes as Reported” the numbers in the column “Year to Date” are the sum of the numbers in the row next to it.

Closed Cases. The data in these tables is required by Task 4.3(b)(3 4 . 3 ( b)( 3 and 10). There are times when a decision is issued on expedited issues and a hearing on the remaining issues may not occur during the quarter. This may happen if the parties may reach an agreement on the remaining issues, the party that filed the case may decide to withdraw the case, the hearing may be scheduled for a date after the quarter ends, or there may be another reason. When this happens the number of cases closed because a decision was issued may not be the same as the number of hearings held, which is reported later in this report. An explanation for the difference, when there is one, will be added to explain the difference. CASES WITH DECISIONS ISSUED THAT WERE NOT CLOSED DUE TO DECISION ISSUANCE There were no cases in the relevant quarter with decisions issued that were not closed due to decision issuance. REASON CASE WAS REASONS CASES WERE CLOSED Reason Case Was Closed 1st 1 st Quarter 2nd 2 nd Quarter 3rd 3 rd Quarter 4th 4 th Quarter Year to Date Decision Issued 30 21 19 70 I ssued 28 28 Chose not Not to Participate in Mediation for a Mediation Mediation- Only Case 8 7 5 20 14 14 Filing Party Failed to Amend a Complaint When Required 30 9 2 41 5 5 Inactivity 4 2 5 11 4 Motion to Dismiss was Granted 4 5 5 14 8 8 Parties Did Not Settle In in a Mediation-Mediation- Only Case 14 19 10 43 23 23 Parties Fully Settled at Mediation 117 65 110 292 105 105 Parties Settled During Resolution Session 11 20 18 49 17 17 Parties Settled But Settled, but Not At at Mediation or Resolution Session 759 663 648 2,070 704 704 Filing Party Withdrew Their Case 79 80 93 252 Other 0 1 1 2 113 113 Total Cases Closed 1,056 892 916 2,864 In the “Reason Case Was Closed” table shown above, the numbers in the “1,021 1,021 The “ Total Cases Closed” row are in this table is the sum of the numbers in each the column above and the numbers it. Each number in the ““ Year to Date” column are is the sum of the numbers in the row next to it. DUE PROCESS HEARINGS The data in these tables is required by Task 4.3(b)(4-94 . 3 (b)(4 - 9 ). This data includes expedited hearings among all other hearings. For information specific to only the expedited hearing requests, refer to the Expedited Hearing Expedite d Hearin g Requests section of this report. At the time of this report, there are 864 due process hearings pending. DUE PROCESS HEARING DECISIONS Timelines of Issued Decisions 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Year to Date Issued within Extended Timeline 32 21 19 72 Issued after Timeline and Extension Expired 0 0 0 0 Total Number of Decisions Issued 33 21 19 73 In the above table called “Due Process Hearing Decisions” the numbers in the row “Total Number of Decisions Issued” are the sum of the numbers in the column above and the numbers in the column “Year to Date” are the sum of the numbers in the row next to it. RESOLUTION SESSIONS The data in these tables is required by Task 4.3(b)(2). RESOLUTION SESSION OUTCOMES AS REPORTED Resolution Session Statuses 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Year to Date Number of Resolution Sessions Reported as Held 167 155 181 503 Number of Resolution Sessions Reported as Waived with Intent to Use Mediation in Lieu Of 238 325 215 778 Number of Resolution Sessions Reported as Not Held or No Data was Reported 466 466 490 1,422 In the above table called “Resolution Session Outcomes as Reported” the numbers in the column “Year to Date” are the sum of the numbers in the row next to it.

Closed Cases. The data in these tables is required by Task 4.3(b)(3 4 . 3 ( b)( 3 and 10). There are times when a decision is issued on expedited issues and a hearing on the remaining issues may not occur during the quarter. This may happen if the parties may reach an agreement on the remaining issues, the party that filed the case may decide to withdraw the case, the hearing may be scheduled for a date after the quarter ends, or there may be another reason. When this happens the number of cases closed because a decision was issued may not be the same as the number of hearings held, which is reported later in this report. An explanation for the difference, when there is one, will be added to explain the difference. CASES WITH DECISIONS ISSUED THAT WERE NOT CLOSED DUE TO DECISION ISSUANCE There were no cases in the relevant quarter with decisions issued that were not closed due to decision issuance. REASON CASE WAS REASONS CASES WERE CLOSED Reason Case Was Closed 1st 1 st Quarter 2nd 2 nd Quarter 3rd 3 rd Quarter 4th 4 th Quarter Year to Date Decision Issued 30 21 19 70 I ssued 28 13 41 Chose not Not to Participate in Mediation for a Mediation Mediation- Only Case 8 7 5 14 6 20 Filing Party Failed to Amend a Complaint When Required 30 9 2 41 5 3 8 Inactivity 4 2 5 11 4 8 Motion to Dismiss was Granted 8 4 5 5 14 12 Parties Did Not Settle In in a Mediation-Mediation- Only Case 14 19 10 43 23 28 51 Parties Fully Settled at Mediation 117 65 110 292 105 78 183 Parties Settled During Resolution Session 11 20 18 49 Parties Settled But Settled, but Not At at Mediation or Resolution Session 759 663 648 2,070 704 819 1, 523 Filing Party Withdrew Their Case 79 80 93 252 Other 0 1 1 2 113 106 219 Total Cases Closed 1,056 892 916 2,864 In the “Reason Case Was Closed” table shown above, the numbers 1,021 1,073 2,094 Each number in the ““ Total Cases Closed” row are in this table is the sum of the numbers in each the column above and the numbers it. Each number in the ““ Year to Date” column are is the sum of the numbers in the row next to it. DUE PROCESS HEARINGS The data in these tables is required by Task 4.3(b)(4-94 . 3 (b)(4 - 9 ). This data includes expedited hearings among all other hearings. For information specific to only the expedited hearing requests, refer to the Expedited Hearing Expedite d Hearin g Requests section of this report. At the time of this report, there are 864 due process hearings pending. DUE PROCESS HEARING DECISIONS Timelines of Issued Decisions 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Year to Date Issued within Extended Timeline 32 21 19 72 Issued after Timeline and Extension Expired 0 0 0 0 Total Number of Decisions Issued 33 21 19 73 In the above table called “Due Process Hearing Decisions” the numbers in the row “Total Number of Decisions Issued” are the sum of the numbers in the column above and the numbers in the column “Year to Date” are the sum of the numbers in the row next to it. RESOLUTION SESSIONS The data in these tables is required by Task 4.3(b)(2). RESOLUTION SESSION OUTCOMES AS REPORTED Resolution Session Statuses 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Year to Date Number of Resolution Sessions Reported as Held 167 155 181 503 Number of Resolution Sessions Reported as Waived with Intent to Use Mediation in Lieu Of 238 325 215 778 Number of Resolution Sessions Reported as Not Held or No Data was Reported 466 466 490 1,422 In the above table called “Resolution Session Outcomes as Reported” the numbers in the column “Year to Date” are the sum of the numbers in the row next to it.