D.C. et al v. Oakdale Joint Unified School District et al
Filing
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ORDER CONTINUING FILING and HEARING Dates on Phase I Motions for Summary Judgment (Doc. #55 ), Signed by Chief Judge Anthony W. Ishii on 9/27/2012. The Phase I briefing schedule is hereby modified as follows: (1) Motions for summary judgment shall be filed on or before December 3, 2012; (2) Oppositions shall be filed on or before January 9, 2013; and (3) Replies shall be filed on or before January 31, 2013. (Arellano, S.)
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IN THE UNITED STATES DISTRICT COURT FOR THE
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EASTERN DISTRICT OF CALIFORNIA
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D.C., by and through his parent and
guardian ad litem, T.C.; and
T.C., individually,
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Plaintiffs,
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v.
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OAKDALE JOINT UNIFIED SCHOOL
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DISTRICT et al.,
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Defendants.
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____________________________________)
1:11-cv-01112-AWI-DLB
ORDER CONTINUING FILING
AND HEARING DATES ON
PHASE I MOTIONS FOR
SUMMARY JUDGMENT
(Doc. 55)
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The Court refers the parties to previous orders for a complete chronology of the proceedings. On
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March 19, 2012, the Magistrate Judge issued a scheduling order bifurcating the case into two phases:
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Phase I, consisting of the Individuals with Disabilities Education and Improvement Act appeal (the
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first cause of action), to be decided by the Court; and Phase II, for all other causes of action
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potentially triable to a jury. Phase I was to be decided by competing motions for summary judgment,
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with said motions filed on or before October 19, 2012 and heard no later than December 10, 2012.
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On September 25, 2012, the parties filed a joint stipulation and motion to continue the filing
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and hearing dates on Phase I motions for summary judgment. The parties represented to the Court
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that they expect to engage in mediation with VDRP neutral attorney Stuart Somach on October 16,
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2012 and requested the Court modify the briefing schedule to accommodate the mediation session.
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The Court, having reviewed the pleadings of record and all competent and admissible
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evidence submitted, finds good cause for the requested continuance. Accordingly, the parties’
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motion to continue the filing and hearing dates on Phase I motions for summary judgment shall be
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GRANTED. The Phase I briefing schedule is hereby modified as follows:
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1.
Motions for summary judgment shall be filed on or before December 3, 2012;
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2.
Oppositions shall be filed on or before January 9, 2013; and
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3.
Replies shall be filed on or before January 31, 2013.
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Oral arguments shall be set for Monday, February 11, 2013 at 1:30 p.m. in Courtroom 2.
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IT IS SO ORDERED.
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Dated:
0m8i78
September 27, 2012
CHIEF UNITED STATES DISTRICT JUDGE
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