Walsh, individually and as Successor-in-Interest to S.W., Deceased v. Tehachapi Unified School District et al

Filing 45

Stipulation to amend the scheduling order ; ORDER, signed by Magistrate Judge Jennifer L. Thurston on 4/19/2013. (Non-expert Discovery due by 8/2/2013; Expert Discovery due by 9/20/2013; Non-Dispositive Motions filed by 9/20/2013; Non-Dispositive Motions heard by 10/18/2013; Settlement Conference set for 11/7/2013 at 10:00 AM in Bakersfield at 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston; Dispositive Motions filed by 11/8/2013; Dispositive Motions heard by 1/2/2014; Pretrial Conference set for 2/18/2014 at 08:30 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill; Jury Trial set for 4/29/2014 at 08:30 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill ) (Figueroa, O)

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Daniel Rodriguez, Esq., SBN 096625
Joel T. Andreesen, Esq., SBN 152254
John A. Kawai, Esq., SBN 260120
RODRIGUEZ & ASSOCIATES
A Professional Law Corporation
2020 Eye Street
Bakersfield, CA 93301
Phone: [phone] Fax: [phone]

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Attorneys for Plaintiffs WENDY WALSH, individually
and as Successor-in-Interest to SETH WALSH, Deceased;
and Sh.W., a minor, by his Guardian ad Litem,
WENDY WALSH.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WENDY WALSH, individually and as
Successor-in-Interest to SETH WALSH,
Deceased; and Sh.W., a minor, by his
Guardian ad Litem, WENDY WALSH,

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Plaintiffs,

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vs.
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TEHACHAPI UNIFIED SCHOOL
DISTRICT; SUPERINTENDENT
SWANSON; SUSAN ORTEGA;
MR. KAMINSKY; MS. KIRBY;
MS. HAIGHT; MRS. KABONIC;
MR. FEEHAN; and DOES 1 through 100,
Inclusive,

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Defendants.

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Case No. 1:11-CV-01489-LJO-JLT
STIPULATION TO AMEND THE
SCHEDULING ORDER;
ORDER
(Doc. 44)

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STIPULATION TO AMEND THE SCHEDULING ORDER; ORDER
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STIPULATION

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1.

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counsel for Defendants, TEHACHAPI UNIFIED SCHOOL DISTRICT, SUSAN

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ORTEGA, and PAUL KAMINSKI, all of the parties who have appeared and remain in this

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action, hereby stipulate and agree as follows:

Undersigned counsel for Plaintiffs, WENDY WALSH and Sh.W., and undersigned

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2.

WHEREAS:

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The currently scheduled deadlines and dates in this action are as follows:

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 Non-expert discovery cut-off: May 24, 2013;

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 Joint expert disclosure: May 30, 2013;

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 Joint rebuttal expert disclosure: June 21, 2013;

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 Expert discovery cut-off: July 19, 2013;

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 Nondispositive motion filing: July 19, 2013, to be heard no later than

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August 16, 2013;
 Dispositive pre-trial motion filing: July 11, 2013, to be heard no later than

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August 22, 2013;

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 Settlement conference: September 19, 2013, 10:00 a.m.;

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 Pre-trial conference: November 13, 2013 at 8:30 a.m. in Courtroom 4.

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3.

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amending the scheduling order in this case, such that:

Undersigned counsel stipulate and agree to request that the Court enter an Order

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a. All non-expert discovery shall be completed no later than August 2, 2013;

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b. Joint expert disclosure, in the manner required by the scheduling order,

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shall occur no later than August 9, 2013;

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STIPULATION TO AMEND THE SCHEDULING ORDER; ORDER
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c. Joint rebuttal expert disclosure, in the manner required by the scheduling

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order, shall occur no later than August 30, 2013;

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d. All expert discovery shall be completed no later than September 20, 2013;

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e. Any non-dispositive motions shall be filed no later than September 20,

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2013 and heard no later than October 18, 2013;

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f. All dispositive pre-trial motions shall be filed no later than November 8,

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2013 and heard no later than December 6, 2013;

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g. The settlement conference shall take place in November of 2013, according
to the Court’s schedule;

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h. The pre-trial conference shall take place December 2013, according to the
Court’s schedule.

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4.

The parties so stipulate because:

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(a) The trial schedules of defense counsel Michael Kellar and plaintiff’s counsel

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Daniel Rodriguez and John Kawai have made it impossible for certain witness

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depositions that the parties believe are necessary to take place before the current

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non-expert discovery cut-off. Mr. Kellar is currently engaged in trial in the

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Superior Court of California, County of Kern, and Messrs. Rodriguez and Kawai

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have a trial in Hugh Suhr v. Sears, Roebuck & Co. (Case No. S-1500-CV-

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270679), which is trailing in the same department and expected to commence on

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April 29, 2013. Therefore, despite the diligence of all parties, additional time is

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required to conduct depositions.

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(b) It is therefore impossible for the parties to complete the necessary discovery in
this case before the current non-expert discovery cut-off date.

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STIPULATION TO AMEND THE SCHEDULING ORDER; ORDER
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(c) The parties believe that this constitutes good cause for an amendment of the

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scheduling order in this case, and believe that an additional seventy (70) days will

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be sufficient to complete non-expert discovery.

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Date: April 19, 2013

RODRIGUEZ & ASSOCIATES

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By:

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/s/ John A. Kawai
DANIEL RODRIGUEZ
JOHN A. KAWAI
Attorneys for Plaintiffs,
WENDY WALSH and Sh.W.

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Date: April 19, 2013

ROBINSON & KELLAR

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By:

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/s/ Michael C. Kellar
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MICHAEL C. KELLAR
Attorney for Defendants,
TEHACHAPI UNIFIED SCHOOL
DISTRICT, SUSAN ORTEGA, and
PAUL KAMINSKI

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Date: April 19, 2013

POLLAK, VIDA & FISHER

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By: /s/ Daniel P. Barer
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DANIEL P. BARER
GIRARD FISHER
Attorneys for Defendants,
TEHACHAPI UNIFIED SCHOOL
DISTRICT, SUSAN ORTEGA, and
PAUL KAMINSKI

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STIPULATION TO AMEND THE SCHEDULING ORDER; ORDER
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ORDER

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The parties having stipulated, and good cause appearing, the Court ORDERS:

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The stipulation to amend the scheduling order is GRANTED as follows:

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1. All non-expert discovery SHALL be completed no later than August 2,

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2013;

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2. Joint expert disclosure, in the manner required by the scheduling order,

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SHALL occur no later than August 9, 2013;

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3. Joint rebuttal expert disclosure, in the manner required by the scheduling

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order, SHALL occur no later than August 30, 2013;

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4. All expert discovery SHALL be completed no later than September 20,

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2013;

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5. Any non-dispositive motions SHALL be filed no later than September 20,

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2013 and heard no later than October 18, 2013;

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6. All dispositive pre-trial motions SHALL be filed no later than November 8,

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2013 and heard no later than January 2, 2014 at 8:30 a.m.

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7. The settlement conference SHALL take place on November 7, 2013 at

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10:00 a.m..

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8. The pre-trial conference SHALL take place on February 18, 2014 at 8:30

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a.m. in Courtroom 4.

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9. The trial is set on April 29, 2014.
Absolutely no further modifications to the scheduling order will be authorized.

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IT IS SO ORDERED.

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Dated:

April 19, 2013

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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STIPULATION TO AMEND THE SCHEDULING ORDER; ORDER
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