Landin v. Visalia Unified School District et al

Filing 15

STIPULATION and ORDER Extending Deadline for Defendants to File Responsive Pleadings and Continuing Scheduling Conference. The deadline for Defendants to respond to Plaintiffs' Complaint SHALL be extended to 8/3/2018. The Scheduling Co nference currently set for 7/5/2018, is CONTINUED to 10/16/2018, at 10:15 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto.) The parties shall file their joint scheduling report by no later than 10/9/2018. Order signed by Magistrate Judge Sheila K. Oberto on 6/21/2018. (Timken, A)

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KELLIE M. MURPHY, ESQ. (SBN 189500)
[e-mail]
JOHNSON SCHACHTER & LEWIS
A Professional Law Corporation
Harvard Square
2180 Harvard Street, Suite 560
Sacramento, CA 95815
Telephone: [phone]
Facsimile: [phone]
Attorneys for DEFENDANTS:
VISALIA UNIFIED SCHOOL DISTRICT, IRENE DAVIS (erroneously sued as Irene DelCid),
JATHOR SEE, SHANNON TAYLOR and DEDI SOMAVIA (erroneously sued as Dede
Somavia)

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EASTERN DISTRICT OF CALIFORNIA

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TELEPHONE: [phone] / FACSIMILE: [phone]

TELEPHONE: [phone] / FACSIMILE: [phone]

A PROFESSIONAL LAW CORPORATION

UNITED STATES DISTRICT COURT

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2180 HARVARD STREET, SUITE 560
SACRAMENTO, CA 95815

JOHNSON SCHACHTER & LEWIS

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CHRIS LANDIN, et al.

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Plaintiffs,
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v.
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VISALIA UNIFIED SCHOOL DISTRICT; et )
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al.
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Defendants.
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CASE NO. 1:18-cv-00380-DAD-SKO
STIPULATION FURTHER EXTENDING
DEADLINE FOR DEFENDANTS TO
FILE RESPONSIVE PLEADINGS;
REQUEST FOR CONTINUANCE OF
SCHEDULING CONFERENCE;
ORDER
(Doc. 14)

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Complaint Filed:

March 21, 2018

Trial Date:

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None Set

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STIPULATION FURTHER EXTENDING DEADLINE FOR DEFENDANTS TO FILE RESPONSIVE
PLEADINGS; REQUEST FOR CONTINUANCE OF SCHEDULING CONFERENCE; ORDER

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The parties to this action, by and through their attorneys of record, hereby stipulate,
agree, and request as follows:

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1.

The initial deadline for Defendants Visalia Unified School District, Irene Davis

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(erroneously sued as Irene DelCid), Jathor See, Shannon Taylor, and Dedi Somavia (erroneously

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sued as Dede Somavia) (hereinafter collectively “Defendants”) to respond to Plaintiffs’

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Complaint was May 29, 2018. Counsel for Plaintiffs and Counsel for Defendants initially agreed

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to extend Defendants’ deadline to respond to Plaintiffs’ Complaint to June 22, 2018. A

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stipulation reflecting this agreement was filed with this Court on May 25, 2018 [Document #12].
2.

Counsel for Defendants has informed Counsel for Plaintiffs of their intent to file a

Special Motion to Strike (anti-SLAPP) concerning several of Plaintiffs’ claims and a Motion to

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Dismiss all of Plaintiffs’ claims. This matter involves numerous complex legal issues that

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require extensive meet and confer efforts to comply with Judge Dale A. Drozd’s Standing Order,

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requiring that counsel “discuss thoroughly the substance of the contemplated motion and any

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potential resolution.”

TELEPHONE: [phone] / FACSIMILE: [phone]

TELEPHONE: [phone] / FACSIMILE: [phone]

A PROFESSIONAL LAW CORPORATION

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2180 HARVARD STREET, SUITE 560
SACRAMENTO, CA 95815

JOHNSON SCHACHTER & LEWIS

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3.

Counsel are continuing to meet and confer on the motions in an attempt to narrow

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the issues involved and/or avoid the need for the motions. Counsel have exchanged lengthy

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initial correspondence discussing their respective positions regarding the numerous issues related

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to the contemplated motions. Additional time is needed for the parties to consider and respond

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to the initial correspondence, to conduct further research, and to discuss the issues telephonically

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to determine whether and to what extent any of the issues can be resolved or narrowed.

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4.

The parties agree that Defendants should have an additional six (6) weeks, or until

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August 3, 2018, to respond to Plaintiffs’ Complaint, including through the filing of the above

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mentioned motions, or otherwise.

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STIPULATION FURTHER EXTENDING DEADLINE FOR DEFENDANTS TO FILE RESPONSIVE
PLEADINGS; REQUEST FOR CONTINUANCE OF SCHEDULING CONFERENCE; ORDER

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5.

The parties further stipulate and agree that the Scheduling Conference currently

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scheduled for July 5, 2018 at 9:00 a.m. in Courtroom 7 should be continued to October 16, 2018

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at 10:15 a.m. in Courtroom 7 to allow time for the issues to be discussed and resolved, if

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possible, as stated above, and for any motions ultimately filed to be heard and decided.

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IT IS SO STIPULATED.
Dated: June 20, 2018

JOHNSON SCHACHTER & LEWIS
A Professional Law Corporation

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By:_/s/ Kellie M. Murphy___________________
KELLIE M. MURPHY
Attorney for Defendants VISALIA UNIFIED SCHOOL
DISTRICT, IRENE DAVIS, JATHOR SEE, SHANNON
TAYLOR and DEDI SOMAVIA

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TELEPHONE: [phone] / FACSIMILE: [phone]

TELEPHONE: [phone] / FACSIMILE: [phone]

A PROFESSIONAL LAW CORPORATION

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2180 HARVARD STREET, SUITE 560
SACRAMENTO, CA 95815

JOHNSON SCHACHTER & LEWIS

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Dated: June 20, 2018

CORNWELL & SAMPLE

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By:_/s/ Stephen R. Cornwell as authorized on 6/20/18
STEPHEN R. CORNWELL
Attorney for Plaintiffs CHRIS LANDIN and CARMIN
LANDIN

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ORDER

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In accordance with the parties’ “Stipulation Further Extending Deadline for Defendants

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to File Responsive Pleadings and Request for Continuance of Scheduling Conference” (Doc. 14),

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and good cause appearing (see Fed. R. Civ. P. 16(b)), the Court hereby ORDERS as follows:

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1)

The deadline for Defendants to respond to Plaintiffs’ Complaint SHALL be

extended to August 3, 2018.
2)

Defendants may file any response to the Complaint, including but not limited to a

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Motion to Dismiss and/or Special Motion to Strike (anti-SLAPP), and Plaintiffs may oppose or

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otherwise respond to Defendants’ responsive pleadings; and,

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STIPULATION FURTHER EXTENDING DEADLINE FOR DEFENDANTS TO FILE RESPONSIVE
PLEADINGS; REQUEST FOR CONTINUANCE OF SCHEDULING CONFERENCE; ORDER

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3)

The Mandatory Scheduling Conference currently set in this matter for July 5,

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2018 at 9:00 a.m. (see Doc. 5) is CONTINUED to October 16, 2018 at 10:15 a.m. in Courtroom

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7 before Magistrate Judge Sheila K. Oberto. The parties shall file their Joint Scheduling Report

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by no later than October 9, 2018.

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IT IS SO ORDERED.
Dated:

June 21, 2018

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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TELEPHONE: [phone] / FACSIMILE: [phone]

TELEPHONE: [phone] / FACSIMILE: [phone]

A PROFESSIONAL LAW CORPORATION

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2180 HARVARD STREET, SUITE 560
SACRAMENTO, CA 95815

JOHNSON SCHACHTER & LEWIS

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STIPULATION FURTHER EXTENDING DEADLINE FOR DEFENDANTS TO FILE RESPONSIVE
PLEADINGS; REQUEST FOR CONTINUANCE OF SCHEDULING CONFERENCE; ORDER

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