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

Filing 56

ORDER re: STIPULATION to Amend the Scheduling Order to Continue the Settlement Conference 55 , signed by Magistrate Judge Jennifer L. Thurston on 11/4/2013. Settlement Conference CONTINUED to 2/5/2014 at 09:30 AM at the United States Courthouse, 510 19th Street (JLT), Bakersfield, before Magistrate Judge Jennifer L. Thurston. (Hall, S)

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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,
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
ORDER RE: STIPULATION TO
AMEND THE SCHEDULING ORDER
TO CONTINUE THE SETTLEMENT
CONFERENCE
(Doc. 55)

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STIPULATION

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1.

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Defendants, TEHACHAPI UNIFIED SCHOOL DISTRICT, SUSAN ORTEGA, and PAUL

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KAMINSKI, all of the parties who have appeared and remain in this action, hereby stipulate

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and agree as follows:

Undersigned counsel for Plaintiff, WENDY WALSH, and undersigned counsel for

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2.

WHEREAS:

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 The Settlement Conference in this matter is currently scheduled for November 7,

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2013 at 10:00 a.m.;
 Defendants have signaled their intention to file a Motion for Partial Summary

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Judgment in this case by the November 8, 2013 dispositive motion filing deadline, to

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be heard no later than the dispositive motion hearing deadline of January 2, 2014;

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 Until the Court has ruled on this Motion for Partial Summary Judgment, the parties

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do not believe that settlement negotiations in this case will bear fruit; and
 The parties believe these grounds constitute good cause for a continuance of the

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Settlement Conference to a date by which Defendants’ Motion for Partial Summary

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Judgment may reasonably be expected to have been ruled on, such as late January or

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early February of 2014;

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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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 The settlement conference shall take place in late January or early February of 2014,
according to the Court’s schedule.

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Date: October 30, 2013

RODRIGUEZ & ASSOCIATES

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By: /s/ John A. Kawai
DANIEL RODRIGUEZ
JOEL T. ANDREESEN
JOHN A. KAWAI
Attorneys for Plaintiffs,
WENDY WALSH and Sh.W.

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/

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Date: October __, 2013

ROBINSON & KELLAR

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By:

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

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Date: October 30, 2013

POLLAK, VIDA & FISHER

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By:

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

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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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The settlement conference SHALL take place on February 5, 2014, at 9:30 a.m., at

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the United States Courthouse, 510 19th Street, Bakersfield, before Magistrate Judge Jennifer

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L. Thurston.

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IT IS SO ORDERED.
Dated:

November 4, 2013

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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