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)
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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
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Plaintiffs, on behalf of themselves
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and all others similarly situated
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v.
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RIPON UNIFIED SCHOOL DISTRICT
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(RUSD); RIPON UNIFIED SCHOOL
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DISTRICT BOARD OF TRUSTEES; SAN )
JOAQUIN COUNTY OFFICE OF
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EDUCATION; VALLEY MOUNTAIN
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REGIONAL CENTER (VMRC), MODESTO )
CITY SCHOOLS, MODESTO CITY
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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 )
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her official and individual capacity; SUE
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SWARTZLANDER, Program Director for
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Modesto City Schools, in her official and
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individual capacity and Does 1 – 200.
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Defendants.
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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
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VALLEY MOUNTAIN REGIONAL
CENTER, RICHARD JACOBS and TARA
SISEMORE-HESTER
Counterclaimants,
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v.
M.A.F. and J.A., SPECIAL NEEDS
ADVOCATES FOR UNDERSTANDING,
and AUTISM REFORM CALIFORNIA
Counterdefendants.
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STIPULATION AND REQUEST TO EXTEND INITIAL DISCLOSURES
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The parties in the above captioned case hereby stipulate to continue the date for the initial
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disclosures pursuant to F.R.C.P. 26 from November 4, 2011, the date specified in their
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September 19, 2011 Joint Status Report, to December 15, 2011. The reason for this stipulation
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and request is due to Plaintiffs’ counsel’s serious medical condition, stage IV colon cancer. Ms.
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Loughrey has developed new cancer and as a result must change to a new treatment regime
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which will be very time consuming initially. See attached Loughrey declaration and her doctor’s
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letter for more information regarding her health situation. Accordingly, the parties request that
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the date for the initial disclosures be continued for 45 days to December 15, 2011.
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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
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‘Doe’ defendants. In the court’s Status (Pre-Trial Scheduling) Order filed on September 29,
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2011, the court ordered plaintiffs to add any ‘Doe’ defendants within 90 days from the date the
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order was filed, by December 28, 2011. Due to plaintiffs’ counsel’s unavailability due to
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medical necessity rendering her unable to work regularly for the next sixty days, she will not be
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able to meet this deadline. Plaintiffs’ counsel notified all defense counsel and her clients as soon
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as she learned of the additional cancer in early October 2011 and the impact of her medical
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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
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details regarding her health status. Plaintiffs’ counsel also believes the initial disclosures and
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additional discovery are needed to appropriately identify any ‘Doe’ defendants. Therefore, the
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parties have agreed to extend the deadline for the amendment of the ‘Doe’ defendants to April
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16, 2012. Pursuant to the court’s September 29, 2011 order, class certification motions are also
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due by this date.
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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
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Z.F. v. Ripon, et al. – Request and Stipulation to Extend the Date for Initial Disclosures and ‘Doe’ Amendment
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[PROPOSED] ORDER
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Based on Plaintiffs’ counsel’s medical necessity and the parties’ stipulation, good cause
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appearing therefore,
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1. The November 4, 2011 date for Initial Disclosures and the December 28, 2011 date to
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amend the complaint to add ‘Doe’ defendants are both vacated.
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2. Initial Disclosures shall be made on or before December 15, 2011.
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3. The date to add ‘Doe’ defendants is extended to April 16, 2012.
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It is so ordered.
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Date: 10/24/2011
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_________________________
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GARLAND E. BURRELL, JR.
United States District Judge
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DEAC_Signature-END:
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Z.F. v. Ripon, et al. – Request and Stipulation to Extend the Date for Initial Disclosures and ‘Doe’ Amendment
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