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

Filing 148

STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr. on 3/15/2012 ORDERING 147 the 8/16/2012 date to amend the complaint to add "Doe" defendants and move for Class Certification is VACATED; Plaintiffs' Motions for Class Cert ification and Doe Defendant Amendments are due on 6/18/2012; Defendants' Responses/Oppositions to the Motions for Class Certification and Doe Defendants are due on 8/2/2012; Plaintiffs' Reply is due on 8/16/2012; Oral argument is scheduled to commence at 9:00 a.m. on 9/10/2012. (Reader, L)

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LOUGHREY & ASSOCIATES
TAMARA LOUGHREY, Bar No. 227001
21 Orinda Way, Suite C #307
Orinda, CA 94563
Phone: [phone]
Fax: [phone]
Attorneys for Plaintiffs and Counterdefendants M.A.F.,
J.A. and Defendant SPECIAL NEEDS ADVOCATES
FOR UNDERSTANDING

LEIGH LAW GROUP also DBA EDULEGAL
MANDY LEIGH, Bar No. 225748
JAY T. JAMBECK, Bar No. 226018
870 Market Street, Suite 1161
TEL [phone]
FAX [phone]
[e-mail]
[e-mail]
Attorneys for Plaintiffs and Counterdefendants M.A.F.
J.A.
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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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 THE DATE FOR ADDING
‘DOE’ DEFENDANTS AND CLASS
CERTIFICATION; [PROPOSED] ORDER
ATTACHED
Date:
Time:
Courtroom: 10
Judge: Honorable Garland E. Burrell Jr.

Z.F. v. Ripon, et al. – Stipulation and Request to Continue Class Certification and Doe Defendant [Proposed]
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Order

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SWARTZLANDER, Program Director for
Modesto City Schools, in her official and
individual capacity and Does 1 – 200.

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Defendants.

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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 CONTINUE THE DATE TO AMEND

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THE COMPLAINT TO ADD DOE DEFENDANTS AND TO MOVE FOR CLASS

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CERTIFICATION

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The parties in the above captioned case hereby stipulate to continue the date to Amend
the complaint to name “doe” defendants and move for Class Certification in this case from April
16, 20121 to June 18, 2012. The reason for this stipulation and request is due to Plaintiffs‟
counsel‟s serious medical condition, stage IV colon cancer. Ms. Loughrey‟s cancer has
continued to spread which has affected her ability to work due to changes in treatments and side
effects from the treatments. See attached Loughrey declaration and her doctor‟s letter for more

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information regarding her health situation. Although Plaintiffs were able to bring on new co-

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1 The original date for the naming of the “doe” defendants was December 28, 2011 pursuant to
the court‟s September 29, 2011 order. The motion for class certification was set for April 16,
2012 pursuant to the same order. This is the second extension for the „doe‟ defendants
amendment but the first extension for the class certification motion.

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Z.F. v. Ripon, et al. – Stipulation and Request to Continue Class Certification and Doe Defendant [Proposed]
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Order

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counsel in late January 2012, Ms. Loughrey and the new counsel have not had any time to make

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a smooth transition in the case. Additionally, the parties have recently engaged in discovery

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regarding the doe defendants and the class certification motions. Accordingly, the parties set

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forth the following schedule for the pending discovery and motions:

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1. Plaintiffs‟ response to VMRC‟s discovery requests are due on April 30, 2012, and

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Plaintiffs shall serve no further discovery on VMRC until Plaintiffs respond to these

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discovery requests;

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2. All Defendants‟ responses to Plaintiffs‟ discovery requests are due on May 15, 2012;

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3. Plaintiffs‟ Motions for Class Certification and Doe Defendant Amendments are due
on June 18, 2012;

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4. Defendants‟ Responses/Oppositions to the Motions for Class Certification and Doe

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Defendants are due on August 2, 2012;

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5. Plaintiffs‟ Reply is due on August 16, 2012;

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This schedule anticipates that the parties will continue to make every effort to cooperate through

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the discovery process. However, no party waives the right to bring motions to compel or petition

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the court for additional time on the pending motions should an unexpected discovery dispute

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arise.

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DATED: March 9, 2012

/s/ Tamara Loughrey
Tamara Loughrey
Attorney for Plaintiffs and
Counterdefendants

DATED: March 9, 2012

/s/ Jay T. Jambeck
MANDY LEIGH
JAY T. JAMBECK
Attorney for Plaintiffs and
Counterdefendants

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Z.F. v. Ripon, et al. – Stipulation and Request to Continue Class Certification and Doe Defendant [Proposed]
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Order

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DATED: March 9, 2012

/s/ Rod Levin___
Rod Levin
Attorney for Ripon Unified School
District Defendants

DATED: March 9, 2012

/s/ Cassandra Carroll
G. Daniel Newland
Cassandra Carroll
Attorneys for Valley Mountain
Regional Center Defendants and
Counterclaimants

DATED: March 9, 2012

/s/ Michelle Cannon
Michelle Cannon
Attorney for Modesto City Schools
Defendants

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Z.F. v. Ripon, et al. – Stipulation and Request to Continue Class Certification and Doe Defendant [Proposed]
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Order

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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 April 16, 2012 date to amend the complaint to add „Doe‟ defendants and move for

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Class Certification is vacated.

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2. Plaintiffs‟ Motions for Class Certification and Doe Defendant Amendments are due on

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June 18, 2012;

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3. Defendants‟ Responses/Oppositions to the Motions for Class Certification and Doe

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Defendants are due on August 2, 2012;

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4.

Plaintiffs‟ Reply is due on August 16, 2012;

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5.

Oral argument is scheduled to commence at 9:00 a.m. on September 10, 2012.

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It is so ordered.

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DATED: March15, 2012
GARLAND E. BURRELL, JR.
United States District Judge

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Z.F. v. Ripon, et al. – Stipulation and Request to Continue Class Certification and Doe Defendant [Proposed]
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Order