Markham v. Tehachapi Unified School District

Filing 17

AMENDED SCHEDULING ORDER, signed by Magistrate Judge Jennifer L. Thurston on 8/16/2018. Merits Briefing: Opening brief by 9/20/2018; Response by 12/7/2018; Reply by 2/8/2019. Hearing set for 4/2/2019 at 08:30 AM in Courtroom 4 (LJO) before Chief Judge Lawrence J. O'Neill. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BRENDA MARKHAM,

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Plaintiff,
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v.
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TEHACHAPI UNIFIED SCHOOL DISTRICT,)
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Defendant.
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Case No.: 1:18-cv-00303 LJO JLT
AMENDED SCHEDULING ORDER
(Fed. R. Civ. P. 16)
Merits Briefing:
Opening Brief: 9/20/2018
Defendant’s response: 12/7/2018
Reply brief: 2/8/2019
Hearing: 4/2/2019, 8:30 a.m., Courtroom 4

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I.

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Date of Scheduling Conference
August 16, 2018.

II.

Appearances of Counsel

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Andrea Marcus appeared on behalf of Plaintiffs.

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Kyle Holmes appeared on behalf of Defendant.

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III.

Administrative Record
The parties agree the administrative record need not be lodged. Rather, the parties will file the

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pertinent excerpts UNDER SEAL1 with their merits briefs. The parties agree that they may cite to

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these excerpts as they would if the entire record had been lodged and agree the excerpts used are

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The Court finds that redaction of the exhibits would be impractical due to the nature of the records and the
extent of the needed redactions. (Fed.R.Civ.P. 26(c).) However, the records contain information contained in the
record is highly sensitive and is deserving of confidentiality. Thus, the Court finds a compelling need for the
information contained in the record to remain private.

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authentic.

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IV.

Merits Briefing

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Plaintiff’s opening brief related to fees SHALL be filed no later than September 20, 2018, and

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Defendant’s opposing brief SHALL be filed no later than December 7, 2018. Plaintiff’s reply, if any,

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SHALL be filed no later than February 8, 2019. When filing the opening brief, the plaintiff SHALL

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set the matter for hearing on April 2, 2019 at 8:30 a.m. before the Honorable Lawrence J. O'Neill,

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United States District Court Judge, in Courtroom 4.
In the event the briefs cannot be written to maintain confidentiality of the information contained

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in the administrative record, counsel may seek to have the briefs filed under seal according to the

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procedures in Local Rule 141.

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V.

Based upon their agreement, the parties are excused from making the initial disclosures required

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Discovery

by Fed. R. Civ. P. 26(a)(1).
The parties may engage in discovery related to the lodestar. The defendant may conduct

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discovery of the evidence relied upon in the opening brief and the plaintiff may do the same as to any

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evidence relied upon in the opposition.

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VI.

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

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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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VII.

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Effect of this Order
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 firm and will not be modified absent a showing of good

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cause even if the request to modify is made by stipulation. Stipulations extending the deadlines

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contained herein will not be considered unless they are accompanied by affidavits or declarations,

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and where appropriate attached exhibits, which establish good cause for granting the relief

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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:

August 16, 2018

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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