R. Q. v. Tehachapi Unified School District

Filing 53

STIPULATION and ORDER 52 to Continue the Scheduling Conference, signed by Magistrate Judge Jennifer L. Thurston on 2/21/2018. The scheduling conference will be re-set upon completion of the appeal. Joint status report due within 120 days. CASE STAYED. (Hall, S)

1 LAW OFFICES OF ANDRÉA MARCUS
Andréa Marcus (SBN 188098)
2 Email: [e-mail]
133 E. De La Guerra Street, #143
3 Santa Barbara, CA 93101-2247
Telephone: [phone]
4 Fax: [phone]
5 Attorney for R.Q. (by and through his
Parent and Guardian ad Litem, CHARIS
6 QUATRO)
7 McCormick, Barstow, Sheppard,
Wayte & Carruth LLP
8 Anthony N. DeMaria, #177894
Todd W. Baxter, #152212
9 7647 North Fresno Street
Fresno, California 93720
10 Telephone:
[phone]
Facsimile:
[phone]
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Attorneys for TEHACHAPI UNIFIED SCHOOL
12 DISTRICT
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION

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17 R.Q. (A minor, by and through his parent and
Guardian ad Litem, CHARIS QUATRO),
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Plaintiff,
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v.
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TEHACHAPI UNIFIED SCHOOL
21 DISTRICT,
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Case No. 1:16-CV-01485-LJO-JLT
STIPULATION AND PROPOSED ORDER
TO CONTINUE SETTLEMENT
CONFERENCE
(Doc. 52)

Defendant.

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IT IS HEREBY STIPULATED, by and between the parties, through their respective counsel,

25 Defendant TEHACHAPI UNIFIED SCHOOL DISTRICT (“Defendant”) and Plaintiff, R.Q. (A minor,
26 by and through his parent and Guardian ad Litem, CHARIS QUATRO) (“Plaintiff”), as follows:
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1.

In light of the Plaintiff’s pending appeal of the District Court’s decision
regarding the IDEA matter in this case to the 9th Circuit Court of Appeals, the

STIPULATION TO CONTINUE SETTLEMENT CONFERENCE

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parties stipulate to continuing the scheduling conference for all non-IDEA

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claims in this matter.

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2.

The parties stipulate to continue the scheduling conference currently scheduled

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for March 13, 2017, until after the 9th Circuit Court of Appeals issues its final

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decision regarding this Court’s decision in the IDEA claims.

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7 Dated: February 16, 2018

LAW OFFICE OF ANDREA MARCUS

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/S/
Andrea Moore Marcus
Attorneys for R.Q. (a minor, by and through his
parent and Guardian ad Litem, CHARIS QUATRO)
By:

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Dated: February 16, 2018

McCORMICK, BARSTOW, SHEPPARD,
WAYTE & CARRUTH LLP

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By:

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/S/
Anthony N. DeMaria
Attorneys for TEHACHAPI UNIFIED
SCHOOL DISTRICT

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ORDER

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Based upon the stipulation of the parties, the Court ORDERS:

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1.

The case is STAYED. The scheduling conference will be re-set upon the completion

of the appeal;
2.

Within 120 days and every 120 days thereafter, counsel SHALL file a joint report

27 detailing the status of the appeal. In addition, no later than 14 days after the ruling on the appeal,
28 counsel SHALL file a joint status report discussing whether the stay should be lifted and, if the
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STIPULATION TO CONTINUE BRIEFING SCHEDULE AND HEARING

1 plaintiff does not succeed on appeal, whether the plaintiff intends to pursue the remaining claims.
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IT IS SO ORDERED.
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Dated:

February 21, 2018

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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STIPULATION TO CONTINUE BRIEFING SCHEDULE AND HEARING