Z.F., et al v. Ripon Unified School District, et al

Filing 145

STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 10/24/11 ORDERING dates for Initial Disclosures and Amending Complaint to add 'Doe' defendants to be VACATED. Initial Disclosures shall be made on or before 12/15/11 and date to add 'Doe' defendants is extended to 4/16/12. (Meuleman, A)

Download PDF
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LOUGHREY & ASSOCIATES TAMARA LOUGHREY, Bar No. 227001 21 Orinda Way, Suite C #307 Orinda, CA 94563 Phone: 925.253.1693 Fax: 925.253.9693 Attorneys for Plaintiffs and Counterdefendants M.A.F., J.A. and Defendant SPECIAL NEEDS ADVOCATES FOR UNDERSTANDING THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) ) Plaintiffs, on behalf of themselves ) and all others similarly situated ) ) v. ) ) RIPON UNIFIED SCHOOL DISTRICT ) (RUSD); RIPON UNIFIED SCHOOL ) DISTRICT BOARD OF TRUSTEES; SAN ) JOAQUIN COUNTY OFFICE OF ) EDUCATION; VALLEY MOUNTAIN ) REGIONAL CENTER (VMRC), MODESTO ) CITY SCHOOLS, MODESTO CITY ) ) SCHOOLS BOARD OF EDUCATION, RICHARD JACOBS, Executive Director of ) VMRC, in his official and individual capacity, ) TARA SISEMORE-HESTER, Coordinator for ) Autism Services for VMRC, in her official and ) individual capacity; VIRGINIA JOHNSON, ) Director of Modesto City Schools SELPA, in ) ) her official and individual capacity; SUE ) SWARTZLANDER, Program Director for ) Modesto City Schools, in her official and ) individual capacity and Does 1 – 200. ) ) ) Defendants. ) ) ) ) ) ) ) Z.F, a minor, by and through his parents M.A.F and J.F. and M.A.F. and J.F. individually; L.H., and J.H., minors, by and through their parents J.A. and J.R.H. and J.A. and J.R.H. individually; A.N., a minor, by and through his parents, G.N. and M.R., and G.N. and M.R. individually, CASE NO. 2:10-CV-00523-GEB-JFM REQUEST AND STIPULATION TO CONTINUE RULE 26 INITIAL DISCLOSURES DATE AND THE DATE FOR ADDING ‘DOE’ DEFENDANTS; [PROPOSED] ORDER ATTACHED Date: Time: Courtroom: 10 Judge: Honorable Garland E. Burrell Jr. Z.F. v. Ripon, et al. – Request and Stipulation to Extend the Date for Initial Disclosures and ‘Doe’ Amendment 1 1 2 VALLEY MOUNTAIN REGIONAL CENTER, RICHARD JACOBS and TARA SISEMORE-HESTER Counterclaimants, 3 4 5 6 7 8 9 v. M.A.F. and J.A., SPECIAL NEEDS ADVOCATES FOR UNDERSTANDING, and AUTISM REFORM CALIFORNIA Counterdefendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 10 STIPULATION AND REQUEST TO EXTEND INITIAL DISCLOSURES 11 The parties in the above captioned case hereby stipulate to continue the date for the initial 12 disclosures pursuant to F.R.C.P. 26 from November 4, 2011, the date specified in their 13 September 19, 2011 Joint Status Report, to December 15, 2011. The reason for this stipulation 14 and request is due to Plaintiffs’ counsel’s serious medical condition, stage IV colon cancer. Ms. 15 Loughrey has developed new cancer and as a result must change to a new treatment regime 16 which will be very time consuming initially. See attached Loughrey declaration and her doctor’s 17 letter for more information regarding her health situation. Accordingly, the parties request that 18 the date for the initial disclosures be continued for 45 days to December 15, 2011. 19 20 21 STIPULATION AND REQUEST TO CONTINUE DATE TO AMEND COMPLAINT TO ADD DOE DEFENDANTS Additionally, the parties stipulate to continue the date for plaintiffs’ amendment to add 22 ‘Doe’ defendants. In the court’s Status (Pre-Trial Scheduling) Order filed on September 29, 23 2011, the court ordered plaintiffs to add any ‘Doe’ defendants within 90 days from the date the 24 order was filed, by December 28, 2011. Due to plaintiffs’ counsel’s unavailability due to 25 medical necessity rendering her unable to work regularly for the next sixty days, she will not be 26 able to meet this deadline. Plaintiffs’ counsel notified all defense counsel and her clients as soon 27 as she learned of the additional cancer in early October 2011 and the impact of her medical 28 condition’s affect on her ability to meet the deadlines in the case. See Loughrey Declaration for Z.F. v. Ripon, et al. – Request and Stipulation to Extend the Date for Initial Disclosures and ‘Doe’ Amendment 2 1 details regarding her health status. Plaintiffs’ counsel also believes the initial disclosures and 2 additional discovery are needed to appropriately identify any ‘Doe’ defendants. Therefore, the 3 parties have agreed to extend the deadline for the amendment of the ‘Doe’ defendants to April 4 16, 2012. Pursuant to the court’s September 29, 2011 order, class certification motions are also 5 due by this date. 6 DATED: October 19, 2011 /s/ Tamara Loughrey Tamara Loughrey Attorney for Plaintiffs and Counterdefendants DATED: October 19, 2011 /s/ Rod Levin___ Rod Levin Attorney for Ripon Unified School District Defendants DATED: October 19, 2011 /s/ Cassandra Carrol G. Daniel Newland Cassandra Carrol Attorneys for Valley Mountain Regional Center Defendants and Counterclaimants DATED: October 19, 2011 /s/ Michelle Cannon Michelle Cannon Attorney for Modesto City Schools Defendants 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 // // // // // // 28 Z.F. v. Ripon, et al. – Request and Stipulation to Extend the Date for Initial Disclosures and ‘Doe’ Amendment 3 [PROPOSED] ORDER 1 2 Based on Plaintiffs’ counsel’s medical necessity and the parties’ stipulation, good cause 3 appearing therefore, 4 1. The November 4, 2011 date for Initial Disclosures and the December 28, 2011 date to 5 amend the complaint to add ‘Doe’ defendants are both vacated. 6 2. Initial Disclosures shall be made on or before December 15, 2011. 7 3. The date to add ‘Doe’ defendants is extended to April 16, 2012. 8 It is so ordered. 9 Date: 10/24/2011 10 _________________________ 11 GARLAND E. BURRELL, JR. United States District Judge 12 13 14 DEAC_Signature-END: 15 16 17 61khh4bb 18 19 20 21 22 23 24 25 26 27 28 Z.F. v. Ripon, et al. – Request and Stipulation to Extend the Date for Initial Disclosures and ‘Doe’ Amendment 4

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?