S.V. v. Delano Union Elementary School District, et al.

Filing 61

STIPULATION and ORDER 60 to Continue Non-Expert Discovery, signed by Magistrate Judge Jennifer L. Thurston on 3/26/2019. Non-Expert discovery to be completed by 5/17/2019. (Hall, S)

1 McCormick, Barstow, Sheppard,
Wayte & Carruth LLP
2 Anthony N. DeMaria, #177894
7647 North Fresno Street
3 Fresno, California 93720
Telephone:
[phone]
4 Facsimile:
[phone]
5 Attorneys for Defendants, DELANO UNION
ELEMENTARY SCHOOL DISTRICT,
6 ROSALINA RIVERA and ANA RUIZ
7
UNITED STATES DISTRICT COURT
8
EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION
9
10
S.V., a minor, by and through her Guardian ad
11 Litem, CLAUDIA VALENCIA,
12
13

Plaintiff,
v.

14 DELANO UNION ELEMENTARY SCHOOL
DISTRICT; ROSALINA RIVERA; ANA
15 RUIZ; MICHELLE PELAYO and DOES 1
through 100, inclusive,
16
Defendants.
17

Case No. 1:17-CV-00780-LJO-JLT
STIPULATION AND PROPOSED ORDER
TO CONTINUE NON-EXPERT
DISCOVERY DATES TO BE
CONCURRENT WITH EXPERT
DISCOVERY DATES
(Doc. 60)

18

The parties hereby jointly submit, and stipulate and agree, as follows:

19

1.

The parties have diligently engaged in discovery. After extensive interrogatory and

20 document production exchanges, the depositions of the plaintiffs were notices. The deposition of
21 plaintiff’s mother and guardian took the entirety of a day, resulting in the depositions of S.V. and
22 her step-father to be reset for another date and are currently pending (they were set to take place this
23 week, but have been continued so that the parties can mediate).
24

2.

The plaintiff has taken the deposition of Ms. Pelayo and Superintendent Ms. Rivera.

25 Those depositions led the plaintiff attorney to additional names at the District which the plaintiff
26 attorney set for deposition this week, but which have been continued out to allow for a mediation.
27

3.

The Independent Medical Examination of S.V. had been scheduled for this week, but

28 due to its expense, the parties have agreed to move the Independent Medical Examination to a later
MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
7647 NORTH FRESNO STREET
FRESNO, CA 93720

STIPULATION AND PROPOSED ORDER TO CONTINUE DISCOVERY

1 date in order to allow for the mediation to take place before the expense is occurred.
2

4.

The parties had due time within the existing discovery cut off to complete their

3 discovery, all of which was properly noticed and pending, but the parties determined after the recent
4 depositions and disclosures, that it would be in the best interest of all sides to proceed to a mediation
5 now, without incurring significant additional costs (believed to total in excess of $10,000) on
6 pending discovery this week, so that the parties can attempt to mediate and put those resources
7 towards a resolution of the case which may not be possible if all of those funds are expended before
8 the mediation.
9

5.

The parties, before submitting this request and stipulation, agreed to use Retired

10 Federal Magistrate Stephen Larson as the mediator. The parties and Mr. Larson have agreed on
11 April 11, 2019, for the mediation date. In the initial stipulation, the parties advised the Court that
12 the mediation would conclude by the end of May, simply to allow for any continuances or calendar
13 conflicts that may arise, or if a second session is required. It is the intention of the parties to proceed
14 to mediation on April 11, 2019, and if, for some reason, Judge Larson is not available in the month
15 of April, the parties intend to find another mediator to hear the case in the month of April.
16

6.

The parties believe there is good cause to extend the time for discovery in order to

17 allow for a mediation to take place before these expenses are incurred, as the parties were invited to
18 request and stipulate in Judge O’Neil’s original order. The parties believe their best opportunity to
19 settle this case entirely would be to extend the time for non-expert discovery until after the
20 mediation.
21

7.

Based upon the magistrate’s prior order, the parties now stipulate and agree that the

22 only date that shall be extended is the non-expert disclosure (it is noted that there was a
23 typographical error in the original stipulation and proposed order to continue all discovery dates,
24 wherein the phrase “non-expert” was inadvertently listed as “new expert” discovery cut off).
25

•

26

The parties stipulate and agree that non-expert discovery, and expert discovery, shall run

Non-expert discovery cut off of May 17, 2019.

27 concurrently and no other dates or deadlines in this case shall be moved.
28
MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
7647 NORTH FRESNO STREET
FRESNO, CA 93720

///
2
STIPULATION AND PROPOSED ORDER TO CONTINUE DISCOVERY

1

///

2 Dated: March 26, 2019

McCORMICK, BARSTOW, SHEPPARD,
WAYTE & CARRUTH LLP

3
4

/s/ Anthony N. DeMaria
Anthony N. DeMaria
Attorneys for Defendants, DELANO UNION
ELEMENTARY SCHOOL DISTRICT,
ROSALINA RIVERA and ANA RUIZ

By:

5
6
7
8
9

Dated: March 26, 2019

RODRIGUEZ & ASSOCIATES

10
11
/s/ Daniel Rodriguez
Daniel Rodriguez
Attorneys for Plaintiff, S.V., a minor by and
through her GAL, CLAUDIA VALENCIA

By:

12
13
14
15
Dated: March 26, 2019
16
17
18
19

/s/ Christopher Hagen
Christopher Hagen
Attorneys for Defendant, MICHELLE PELAYO
By:

20
21
22
23
24
25
26
27
28
MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
7647 NORTH FRESNO STREET
FRESNO, CA 93720

3
STIPULATION AND PROPOSED ORDER TO CONTINUE DISCOVERY

1
2

ORDER
Based upon the stipulation of counsel, the representation of the parties, and the description

3 of the mediation pending by the parties, the Court ORDERS:
4

1.

All non-expert discovery cut off SHALL be completed no later than May 17, 2019.

5
6 IT IS SO ORDERED.
7
8

Dated:

March 26, 2019

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
7647 NORTH FRESNO STREET
FRESNO, CA 93720

4
STIPULATION AND PROPOSED ORDER TO CONTINUE DISCOVERY