Fresno Unified School District v. K.U., et al.

Filing 98

Stipulation of the Parties Regarding Continuance of Hearing on Motion for Order Granting Leave to File Amended and Supplemental Counterclaims and Order Thereon, signed by Magistrate Judge Michael J. Seng on 09/12/2013. (Yu, L)

1 McCormick, Barstow, Sheppard,
Wayte & Carruth LLP
2 Sang-Jin Nam, #148859
Melody A. Hawkins, #226522
3 5 River Park Place East
Fresno, California 93720-1501
4 Telephone:
[phone]
Facsimile:
[phone]
5
Attorneys for Plaintiff and Counterdefendant
6 FRESNO UNIFIED SCHOOL DISTRICT
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8

UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION

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11 FRESNO UNIFIED SCHOOL DISTRICT,

Case No. 1:12-cv-01699-LJO-MJS

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STIPULATION OF THE PARTIES
REGARDING CONTINUANCE OF
HEARING ON MOTION FOR ORDER
GRANTING LEAVE TO FILE AMENDED
AND SUPPLEMENTAL
COUNTERCLAIMS AND ORDER
THEREON

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Plaintiff,
v.

14 K.U. ET AL.,
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Defendant.

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AND RELATED COUNTER-CLAIMS
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TO THE COURT, ALL PARTIES HEREIN AND TO THEIR ATTORNEYS OF

19 RECORD:
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Pursuant to Local Rule 144(e), Defendant and Counterclaimant A.D.U., in her individual

21 capacity as parent (herein, “A.D.U. individually), and Defendant and Counterclaimant K.U., by and
22 through her education rights holder, A.D.U. (herein, “K.U.”), by and through their attorney of record,
23 Roger Greenbaum, Esq. of Roger A. Greenbaum Equity Law and Mediation, and
24 Plaintiff/Counterclaim Defendant Fresno Unified School District (herein, “District”), by and through
25 its attorneys of record, Sang-Jin Nam, Esq. and Melody A. Hawkins, Esq. of McCormick, Barstow,
26 Sheppard, Wayte & Carruth, hereby stipulate and agree as follows:
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1.

A hearing in this matter on Defendants and Counterclaimants’ Motion for Order

28 Granting Leave to File Amended and Supplemental Counterclaims is currently scheduled for
MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
5 RIVER PARK PLACE EAST
FRESNO, CA 93720-1501

STIPULATION OF THE PARTIES REGARDING CONTINUANCE OF HEARING ON MOTION FOR ORDER
GRANTING LEAVE TO FILE AMENDED AND SUPPLEMENTAL COUNTERCLAIMS AND ORDER THEREON

1 September 13, 2013 at 10:00 a.m. in Courtroom 6.
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2.

On September 12, 2013, counsel for the District, Ms. Hawkins suffered from a medical

3 emergency during a due process hearing in a related Office of Administrative Hearings’ matter
4 between the parties. This emergency required immediate medical attention and admission to the
5 hospital. Both parties concur that such emergency constitutes good cause for a continuance of the
6 subject federal court hearing.
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3.

It is stipulated by the parties that the Court may issue the Stipulated Order, as forth

8 above, continuing the hearing on Defendants and Counterclaimants’ Motion for Order Granting Leave
9 to File Amended and Supplemental Counterclaims to a mutually agreeable date to be decided at a later
10 time.
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IT IS SO STIPULATED

12 Dated: September 12, 2013

Respectfully submitted,

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McCORMICK, BARSTOW, SHEPPARD,
WAYTE & CARRUTH LLP

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/s/ Sang-Jin Nam
Sang-Jin Nam
Melody A. Hawkins
Attorneys for Plaintiff and Counterdefendant
FRESNO UNIFIED SCHOOL DISTRICT

By:

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19 Dated: September 12, 2013

ROGER GREENBAUM EQUITY LAW &
MEDIATION

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/s/ Roger A. Greenbaum
Roger A. Greenbaum
Attorneys for Defendants and Counterclaimants
K.U. and A.D.U.

By:

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ORDER
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Good cause appearing, the above Stipultaion is accepted and adopted as the
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Order of this Court. The said hearing on Defendants and Counterclaimants’ Motion for

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MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
5 RIVER PARK PLACE EAST
FRESNO, CA 93720-1501

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STIPULATION OF THE PARTIES REGARDING CONTINUANCE OF HEARING ON MOTION FOR ORDER
GRANTING LEAVE TO FILE AMENDED AND SUPPLEMENTAL COUNTERCLAIMS AND ORDER THEREON

1 Order Granting Leave to File Amended and Supplemental Counterclaims is continued to a
2 date to be mutually agreed upon and set by the parties. Absent good cause and further
3 Order of this Court , the said hearing date shall be no more than thirty days from the date of
4 this Order.
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6
7 IT IS SO ORDERED.
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Dated:

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September 12, 2013

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE
DEAC _Signature- END:

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MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
5 RIVER PARK PLACE EAST
FRESNO, CA 93720-1501

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STIPULATION OF THE PARTIES REGARDING CONTINUANCE OF HEARING ON MOTION FOR ORDER
GRANTING LEAVE TO FILE AMENDED AND SUPPLEMENTAL COUNTERCLAIMS AND ORDER THEREON