A.W. v. Tehachapi Unified School District

Filing 17

AMENDED SCHEDULING ORDER, signed by Magistrate Judge Jennifer L. Thurston on 3/20/2018. Pleading Amendment Deadline 4/13/2018. Administrative Record Deadline 5/11/2018. Merits Briefing: Opening brief by 5/11/2018; Response by 6/15/2018; Reply by 7/6/2018; Hearing by 8/21/2018. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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A.W. (A minor, by and through his parent and )
guardian ad litem, AMY WRIGHT),
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Plaintiff,
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v.
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TEHACHAPI UNIFIED SCHOOL
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DISTRICT,
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Defendants.
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Case No.: 1:17-cv-00854 DAD JLT
AMENDED SCHEDULING ORDER
(Fed. R. Civ. P. 16)
Pleading Amendment Deadline: 4/13/2018
Administrative Record Deadline
Lodge: 5/11/2018
Merits Briefing:
Opening Brief: 5/11/2018
Defendant’s response: 6/15/2018
Reply brief: 7/6/2018
Hearing deadline: 8/21/2018

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I.

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Date of Scheduling Conference
January 8, 2018.

II.

Appearances of Counsel

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Andrea Marcus appeared on behalf of Plaintiff.

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Stephanie Virrey Gutcher appeared on behalf of Defendants.

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III.

Magistrate Judge Consent:

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Notice of Congested Docket and Court Policy of Trailing

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Due to the District Judges’ heavy caseload, the newly adopted policy of the Fresno Division of

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the Eastern District is to trail all civil cases. The parties are hereby notified that for a trial date set

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before a District Judge, the parties will trail indefinitely behind any higher priority criminal or older

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civil case set on the same date until a courtroom becomes available. A trial date will not be reset to a
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continued date.
The Magistrate Judges’ availability is far more realistic and accommodating to parties than that

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of the U.S. District Judges who carry the heaviest caseloads in the nation and who must prioritize

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criminal and older civil cases over more recently filed civil cases. A United States Magistrate Judge

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may conduct trials, including entry of final judgment, pursuant to 28 U.S.C. § 636(c), Federal Rule of

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Civil Procedure 73, and Local Rule 305. Any appeal from a judgment entered by a United States

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Magistrate Judge is taken directly to the United States Court of Appeal for the Ninth Circuit.
The Fresno Division of the Eastern District of California, whenever possible, is utilizing United

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States Article III District Court Judges from throughout the nation as Visiting Judges. Pursuant to the

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Local Rules, Appendix A, such reassignments will be random, and the parties will receive no advance

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notice before their case is reassigned to an Article III District Court Judge from outside of the Eastern

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District of California. Therefore, the parties are directed to consider consenting to Magistrate Judge

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jurisdiction to conduct all further proceedings, including trial.

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IV.

Pleading Amendment Deadline
Any requested pleading amendments are ordered to be filed, either through a stipulation or

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motion to amend, no later than April 13, 2018. Any motion to amend the pleadings shall be heard by

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the Honorable Dale A. Drozd, United States District Court Judge.

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V.

Administrative Record
Plaintiff SHALL lodge a searchable electronic copy of the administrative record no later than

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May 11, 2018. Plaintiff SHALL also provide a courtesy paper copy to Judge Drozd’s chambers at the

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time of the filing of the opening brief.

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If there is a dispute over the contents of the administrative record, the objecting party SHALL

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confer with the opposing party in a good faith effort to resolve the issues in dispute. If that good faith

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effort is unsuccessful, the objecting party SHALL promptly seek a telephonic hearing with all involved

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parties and the Magistrate Judge. It is the obligation of the objecting party to arrange and originate the

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conference call to the Court. To schedule this telephonic hearing, the parties are ordered to contact

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Courtroom Deputy Clerk, Susan Hall at [phone] or via email at [e-mail].

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VI.

Merits Briefing and Hearing
Plaintiff’s opening brief SHALL be filed no later than May 11, 2018, and Defendant’s

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opposition brief SHALL be filed no later than June 15, 2018. Plaintiff’s reply, if any, SHALL be filed

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no later than July 6, 2018.
The opening brief SHALL set the hearing before the Honorable Dale A. Drozd, United States

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District Court Judge, in Courtroom 5, on August 21, 2018 at 8:30 a.m.

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VII.

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Compliance with Federal Procedure
All counsel are expected to familiarize themselves with the Federal Rules of Civil Procedure

and the Local Rules of Practice of the Eastern District of California, and to keep abreast of any

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amendments thereto. The Court must insist upon compliance with these Rules if it is to efficiently

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handle its increasing case load and sanctions will be imposed for failure to follow both the Federal

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Rules of Civil Procedure and the Local Rules of Practice for the Eastern District of California.

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VIII. Effect of this Order

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The foregoing order represents the best estimate of the court and counsel as to the agenda most

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suitable to dispose of this case. The trial date reserved is specifically reserved for this case. If the

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parties determine at any time that the schedule outlined in this order cannot be met, counsel are ordered

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to notify the court immediately of that fact so that adjustments may be made, either by stipulation or by

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subsequent status conference.

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The dates set in this Order are considered to be firm and will not be modified absent a

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showing of good cause even if the request to modify is made by stipulation. Stipulations

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extending the deadlines contained herein will not be considered unless they are accompanied by

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affidavits or declarations, and where appropriate attached exhibits, which establish good cause

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for granting the relief requested.

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Failure to comply with this order may result in the imposition of sanctions.

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IT IS SO ORDERED.
Dated:

March 20, 2018

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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