Duffy v. Los Banos Unified School District et al

Filing 51

STIPULATION and ORDER MODIFYING SCHEDULING ORDER as follows: Non-Expert Discovery due by 8/31/2016; Expert Discovery due by 3/20/2017; Designation of Expert Witnesses due by 9/30/2016; Rebuttal Designation of Expert Witnesses due by 11/8/2016; Non-D ispositive Motions filed by 12/15/2016; Dispositive Motions filed by 4/14/2017; Pretrial Conference set for 7/20/2017 at 11:00 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean; Jury Trial set for 9/12/2017 at 08:30 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. Order signed by Magistrate Judge Erica P. Grosjean on 7/20/2016. (Rooney, M)

1 Kevin G. Little, SBN 149818
Michelle L. Tostenrude, SBN 290121
2 THE LAW OFFICE OF KEVIN G. LITTLE
P.O. Box 8656
3 Fresno, California 93747
Tel: [phone]
4 Fax: [phone]
[e-mail]
5
Attorneys for Plaintiff,
6 MARK DUFFY
7 Stephanie Y. Wu, SBN 268948
MCCORMICK, BARSTOW, SHEPPARD,
8 WAYTE & CARRUTH LLP
1125 I Street, Suite 1
9 Modesto, California 95354
Tel.: [phone]
10 Fax: [phone]
[e-mail]
11
Attorneys for Defendants,
12 LOS BANOS UNIFIED SCHOOL DISTRICT,
DR. STEVE TIETJAN, RYAN HARSOCH,
13 DANIEL SUTTON, and VELI GURGEN
14

UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION

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17 MARK DUFFY,

Case No. 1:15-cv-00423-EPG

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Plaintiff,

STIPULATION AND ORDER
MODIFYING SCHEDULING
CONFERENCE ORDER

20 LOS BANOS UNIFIED SCHOOL
DISTRICT; DR. STEVE TIETJEN; RYAN
21 HARTSOCH; DANIEL SUTTON; VELI
GURGEN; DOES 1-10, ,
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Defendant.
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Judge: Hon. Erica P. Grosjean

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v.

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STIPULATION
1.

On July 5, 2016, the parties, by and through their attorneys, appeared at the Mid-

26 Discovery Status Conference. During the Conference, the parties were ordered to submit a proposed
27 order modifying the Scheduling Conference Order [Doc. 38], taking into account the discussions
28 regarding discovery, settlement, and the lack of a dispositive motion hearing cut-off.
MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
1125 I ST., SUITE 1
MODESTO, CA 95354

1
STIPULATION AND ORDER MODIFYING SCHEDULING CONFERENCE ORDER

1

2.

Accordingly, the parties hereby stipulate and propose that the Scheduling Conference

2 Order be modified as follows:1
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Non-Expert Discovery Cutoff
Further Status Conference
Expert Disclosure
Rebuttal Expert Disclosure
Non-Dispositive Motion Cutoff
Settlement Conference
Expert Discovery Cutoff
Dispositive Motion Deadline
Pretrial Conference
Jury Trial (6-8 day estimate)

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5
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Current Dates/Deadlines
August 15, 2016
September 26, 2016
September 1, 2016
October 3, 2016
November 18, 2016
TBD
November 3, 2016
None
January 19, 2017
March 7, 2017

Proposed Dates/Deadlines
August 31, 2016
n/a
September 30, 2016
November 8, 2016
December 15, 2016
January 9, 11, 12, 19, 25, 26,
27, or 30, 2017
March 20, 2017
April 14, 2017
July 17, 2017
August 30, 2017

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IT IS SO STIPULATED.

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12

Dated: July 14, 2016

McCORMICK, BARSTOW, SHEPPARD,
WAYTE & CARRUTH LLP

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/s/ STEPHANIE Y. WU
Stephanie Y. Wu
Attorneys for Defendants,
LOS BANOS UNIFIED SCHOOL DISTRICT, DR.
STEVE TIETJAN, RYAN HARSOCH, DANIEL
SUTTON, and VELI GURGEN
By:

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19 Dated: July 14, 2016
20

LAW OFFICES OF KEVIN G. LITTLE
By:

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/s/ KEVIN G. LITTLE
Kevin G. Little
Attorneys for Plaintiff,
MARK DUFFY

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25
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Unavailability – Defendants’ counsel is scheduled to be in trial from February 13, 2017 through
March 3, 2017 and from May 15, 2017 through May 30, 2017. Plaintiff’s counsel is scheduled to be
27
in trial from February 21 through March 23, 2017, from April 17, 2017 through May 31, 2017 and
28 from September 5 through September 15, 2017.
MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
1125 I ST., SUITE 1
MODESTO, CA 95354

2
STIPULATION AND ORDER MODIFYING SCHEDULING CONFERENCE ORDER

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2

ORDER
Pursuant to the above Stipulation of the parties, and good cause appearing, it is hereby ordered

3 that the Scheduling Conference Order be modified as follows:
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7
8
9
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Non-Expert Discovery Cutoff
Further Status Conference
Expert Disclosure
Rebuttal Expert Disclosure
Non-Dispositive Motion Cutoff
Settlement Conference
Expert Discovery Cutoff
Dispositive Motion Deadline
Pretrial Conference
Jury Trial (6-8 day estimate)

Current Dates/Deadlines
August 15, 2016
September 26, 2016
September 1, 2016
October 3, 2016
November 18, 2016
TBD
November 3, 2016
None
January 19, 2017
March 7, 2017

Proposed Dates/Deadlines
August 31, 2016
Unchanged
September 30, 2016
November 8, 2016
December 15, 2016
January 27, 2017
March 20, 2017
April 14, 2017
July 20, 2017 at 11:00 a.m.
September 12, 2017 at 8:30
a.m.

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As noted above, the case has been set for a settlement conference on January 27, 2017 before
Magistrate Judge Michael J. Seng at 10:00 a.m. A further order will issue containing Judge Seng’s
settlement conference procedures.

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IT IS SO ORDERED.
Dated:

July 20, 2016

/s/
UNITED STATES MAGISTRATE JUDGE

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MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
1125 I ST., SUITE 1
MODESTO, CA 95354

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STIPULATION AND ORDER MODIFYING SCHEDULING CONFERENCE ORDER