W. v. Buckeye Union School District

Filing 49

STIPULATION and ORDER signed by Judge Morrison C. England, Jr. on 5/11/2010 ORDERING that all currently scheduled dates regarding the parties' motions for summary judgment are VACATED. Pltfs MSJ and the administrative record shall be filed by 7/19/2010; Dfts opposition and cross-motion shall be filed by 8/9/2010; Pltf's reply and opposition shall be filed by 8/23/2010; Dft's reply shall be filed by 9/7/2010 and the hearing take place on 9/14/2010. (Engbretson, K.)

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LOUGHREY & ASSOCIATES TAMARA LOUGHREY, Bar No. 227001 JUSTIN ARNOLD, Bar No. 252030 220 4th St., Suite 103 Oakland, CA 94607 Phone: [phone] Fax: [phone] Attorneys for Plaintiffs GUTIERREZ LAW GROUP MARCY GUTIERREZ, Bar No. 214224 2322 Capitol Avenue, First Floor Sacramento, CA 95816 Phone: [phone] Facsimile: 916.307.5784 Attorney for Defendant

THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA G.W., by and through his parents and guardians ad litem, K.W. and M.W., and K.W. and M.W. individually,

Case No. 2:09-cv-02772-MCE-KJM STIPULATION TO EXTEND MOTION FOR SUMMARY JUDGMENT SCHEDULE

Plaintiffs, v. BUCKEYE UNIFIED SCHOOL DISTRICT Defendant.

Pursuant to Federal Rules of Civil Procedure (F.R.C.P.) Rule 78 and Local Rule 230 and F.R.C.P. Rule 6 and Local Rule 144, the parties hereby request that the Motion for Summary Judgment schedule be extended. Plaintiffs G.W., K.W. and M.W. (Plaintiffs) along with Defendant Buckeye Unified School District (Defendant), hereby stipulate and agree to the following:
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1.

Pursuant to a request by the parties, this case was referred to the Court's Voluntary Dispute

Resolution Process (VDRP) on January 12, 2010. Pursuant to this referral, Attorney Patricia Lee Connors was appointed to serve as a mediator on January 26, 2010. For reasons unknown to the parties, Ms. Connors never contacted either party to schedule mediation. On April 28, 2010, Ms. Connors was terminated as the mediator due to a conflict of interest. 2. Still wishing to mediate the case, Ms. Loughrey, counsel for Plaintiffs, contacted Linda

Martinez, the Relief Judicial Assistant/VDRP Administrator, to inquire about other mediators. Ms. Martinez responded with the names of three other potential mediators. 3. The parties have reviewed the proposed mediators, but believe they have a better chance at

resolving the dispute by selecting a private mediator. Accordingly, the parties have scheduled mediation with Elaine Talley, a mediator experienced in special education issues, to take place on June 14, 2010. 4. Currently, several motions and reply motions are scheduled to be filed in the upcoming

weeks and months. In order to increase the likelihood of resolution and to avoid expending time and resources unnecessarily, the parties wish to extend the briefing schedule to allow them to attempt to mediate the case. 5. Under the Pre-Trial Scheduling Order, Plaintiffs Motion for Summary Judgment (MSJ) is due on May 13, 2010. Defendant's opposition and cross-motion is due on June 3, 2010. The administrative record is due to be filed on June 7, 2010. Plaintiff's reply and opposition is due on June 17, 2010. Defendant's reply is due on July 1, 2010. A hearing on the motions is scheduled for July 8, 2010. ///

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6.

The parties hereby request that Plaintiffs MSJ and the administrative record be due on July

19, 2010; Defendant's opposition and cross-motion be due on August 9, 2010; Plaintiff's reply and opposition be due on August 23, 2010; Defendant's reply be due on September 7, 2010 and a hearing on the motions shall occur on September 14, 2010. Respectfully Submitted, LOUGHREY & ASSOCIATES Dated: May 5, 2010 By: /s/ Tamara Loughrey _ Tamara Loughrey Justin Arnold Attorneys for Plaintiffs By: /s/ Marcy Gutierrez Marcy Gutierrez Attorney for Defendant

Dated: May 5, 2010

ORDER
Good cause appearing therefore, 1. All currently scheduled dates regarding the parties' motions for summary judgment are hereby vacated; 2. Plaintiffs MSJ and the administrative record shall be filed no later than July 19, 2010; Defendant's opposition and cross-motion shall be filed no later than August 9, 2010; Plaintiff's reply and opposition shall be filed no later than August 23, 2010; Defendant's reply shall be filed no later than September 7, 2010 and the hearing take place on September 14, 2010.

IT IS SO ORDERED. Dated: May 11, 2010
__________________________________ MORRISON C. ENGLAND, JR UNITED STATES DISTRICT JUDGE

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