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

Filing 66

STIPULATION and ORDER to Amend the Scheduling Order to Continue the Settlement Conference and Pretrial Conference re 65 , signed by Magistrate Judge Jennifer L. Thurston on 1/28/2014. Pretrial Conference CONTINUED to 3/3/2014 at 08:30 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill. Settlement Conference CONTINUED to 2/24/2014 at 09:00 AM in Bakersfield at 510 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. (Hall, S)

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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.

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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,
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 TO
CONTINUE THE SETTLEMENT
CONFERENCE AND PRETRIAL
CONFERENCE;
ORDER THEREON
(Doc. 65)

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STIPULATION TO AMEND THE SCHEDULING ORDER TO CONTINUE THE SCHEDULING CONFERENCE;
ORDER THEREON
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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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 On October 30, 2013, the parties submitted a Stipulation requesting that the Court

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continue the Settlement Conference from November 7, 2013 to a date at which the

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parties expected to have received ruling on Defendants’ Motion for Partial Summary

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Judgment in this case. [Doc. 55]

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 By Order of this Court dated November 4, 2013, the Settlement Conference was set
for February 5, 2014 at 10:00 a.m. [Doc. 56]

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 Defendants’ Motion for Partial Summary Judgment was set for hearing on December

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16, 2013. The matter was submitted, and the hearing was vacated by Order of the

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Court per Local Rule 230(g). [Doc. 61]

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 By Order of the Court dated January 15, 2014, the Court requested further briefing

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from the parties, with Plaintiff to file her brief by January 24, 2014, and Defendants

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to file a response by January 30, 2014. [Doc. 63]

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

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2014.

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STIPULATION TO AMEND THE SCHEDULING ORDER TO CONTINUE THE SCHEDULING CONFERENCE;
ORDER THEREON
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 The parties also believe these grounds constitute good cause for a continuance of the

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Pretrial Conference in this matter by a similar amount of time, for example, to late

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March of 2014.
 The parties believe that with such modifications, the trial date of April 29, 2014, may

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be preserved.

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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 early March of 2014, according to the

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Court’s schedule.

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 The Pretrial Conference shall take place in late March of 2014, according to the

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Court’s schedule.

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Date: January 28, 2014

RODRIGUEZ & ASSOCIATES

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

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STIPULATION TO AMEND THE SCHEDULING ORDER TO CONTINUE THE SCHEDULING CONFERENCE;
ORDER THEREON
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/

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Date: January __, 2014

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: January 28, 2014

POLLAK, VIDA & FISHER

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By:

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

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STIPULATION TO AMEND THE SCHEDULING ORDER TO CONTINUE THE SCHEDULING CONFERENCE;
ORDER THEREON
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ORDER

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

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1.

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

The Settlement Conference SHALL take place on February 24, 2014 at

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9:00 a.m. at the United States Courthouse, located at 510 19th Street,

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Bakersfield, CA;

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b.

a.m. in Courtroom 4 before Judge O’Neill.

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The Pretrial Conference SHALL take place on March 13, 2014 at 8:30

No other amendments to the schedule are authorized.

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IT IS SO ORDERED.
Dated:

January 28, 2014

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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STIPULATION TO AMEND THE SCHEDULING ORDER TO CONTINUE THE SCHEDULING CONFERENCE;
ORDER THEREON
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