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

Filing 168

STIPULATION and ORDER 166 signed by Judge Garland E. Burrell, Jr., on 7/2/12 ORDERING that based on the parties stipulation, Defendants' Responses/Oppositions to Plaintiffs' Motion for Class Certification will now be due on 8/16/12. Plaintiffs' Reply will be due on 8/30/12. Oral argument is scheduled to commence at 9:00 a.m. on 9/10/12. (Kastilahn, A)

1
2
3
4
5
6
7
8
9
10

SEYFARTH SHAW LLP
G. Daniel Newland (SBN 087965) [e-mail]
Cassandra H. Carroll (SBN 209123) [e-mail]
Eric M. Lloyd (SBN 254390) [e-mail]
Matthew J. Mason (SBN 271344) [e-mail]
560 Mission Street, Suite 3100
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants/Counter-Claimants
VALLEY MOUNTAIN REGIONAL CENTER,
RICHARD JACOBS, and TARA SISEMORE-HESTER
KRONICK MOSKOVITZ TIDEMANN & GIRARD
Michelle L. Cannon (SBN 172680) [e-mail]
2390 Professional Drive
Roseville, CA 95661
[phone]
[phone]

11
12
13
14
15
16

Attorneys for Modesto City Schools, Modesto City Schools Board of Education, Virginia
Johnson and Sue Swartzlander
MCARTHUR & LEVIN, LLP
Rodney L. Levin (SBN 169360) [e-mail]
637 Santa Cruz Avenue
Los Gatos, CA 95030
[phone]
[phone]
Attorneys for Ripon Unified School District, Ripon Unified School District Board of Trustees
and San Joaquin County Office of Education

17
18
19
20
21

LOUGHREY & ASSOCIATES
Tamara L. Loughrey (SBN 227001) [e-mail]
Loughrey & Associates
Lawyers & Advocates for Disability Rights, Inc.
21 - C Orinda Way, #307
Orinda, CA 94563
[phone]
[phone] (facsimile)
Attorneys for Plaintiffs and Counter Defendants

22
23
24
25
26

LEIGH LAW GROUP
Mandy Leigh (SBN 225748) [e-mail]
Jay T. Jambeck (SBN 226018) [e-mail]
870 Market St Ste 1157
San Francisco, CA 94102
[phone]
[phone] (facsimile
Attorneys for Plaintiffs and Counter Defendants

27

THE UNITED STATES DISTRICT COURT FOR

28

THE EASTERN DISTRICT OF CALIFORNIA
1
Joint Stipulation re Class Certification Deadlines / Case No. 2:10-CV-00523-GEB-JFM

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

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,
)
)
Plaintiffs, on behalf of
)
themselves and all others
)
similarly situated
)
)
vs.
)
)
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.
)
)

Case No. 2:10-CV-00523 GEB-JFM
REQUEST AND JOINT STIPULATION
TO CONTINUE CLASS
CERTIFICATION DEADLINES;
[PROPOSED] ORDER

The parties in the above-captioned case hereby stipulate to continue certain deadlines for
Plaintiffs’ Motion for Class Certification. The reason for this stipulation and request is due to
unanticipated issues that have arisen in connection with the scheduling of depositions for certain
Plaintiffs that could not have been avoided despite the parties’ diligence. Accordingly, the
parties have agreed to the following schedule for the pending motions:
1.

Defendants’ Responses/Oppositions to the Plaintiffs’ Motion for Class

Certification will be due on August 16, 2012.
2.

Plaintiffs’ Reply will be due on August 30, 2012.

Presently, Plaintiffs’ Motion for Class Certification is set to be heard before this Court on
September 10, 2012 at 9:00 a.m. However, the parties are amenable to a hearing continuance, in
the event the Court’s calendar so requires.
2
Joint Stipulation re Class Certification Deadlines / Case No. 2:10-CV-00523-GEB-JFM

1
2

IT IS SO STIPULATED.
DATED: June ___, 2012

SEYFARTH SHAW LLP

3
4

By: __________s/s______________________
Cassandra H. Carroll
Attorneys for Defendant
VALLEY MOUNTAIN REGIONAL
CENTER

5
6
7

DATED: June ___, 2012

KRONICK MOSKOVITZ TIDEMANN &
GIRARD

8
9

By: _________s/s_______________________
Michelle Cannon
Attorneys for Defendants Modesto City
Schools, Modesto City Schools Board of
Education, Virginia Johnson and Sue
Swartzlander

10
11
12
13
14

DATED: June ____, 2012

MCARTHUR & LEVIN, LLP

15
16
By: ___________s/s_____________________
Rodney L. Levin
Attorneys for Defendants Ripon Unified
School District, Ripon Unified School District
Board of Trustees and San Joaquin County
Office of Education

17
18
19
20
21
22

DATED: June ____, 2012

LOUGHREY & ASSOCIATES

23
24

By: _____________s/s___________________
Tamara L. Loughrey
Attorneys for Plaintiffs

25
26
27
28
3

Joint Stipulation re Class Certification Deadlines / Case No. 2:10-CV-00523-GEB-JFM

1

DATED: June ____, 2012

LEIGH LAW GROUP

2
By: __________s/s______________________
Mandy Leigh
Jay Jambeck
Attorneys for Plaintiffs

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
4

Joint Stipulation re Class Certification Deadlines / Case No. 2:10-CV-00523-GEB-JFM

1

ORDER

2
Based on the parties stipulation,
3
1.

Defendants’ Responses/Oppositions to Plaintiffs’ Motion for Class Certification

4
will now be due on August 16, 2012.
5
2.

Plaintiffs’ Reply will be due on August 30, 2012.

3.

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

6
7
It is so ordered.
8
Date: 7/2/2012

9

_________________________
GARLAND E. BURRELL, JR.
United States District Judge

10
11
DEAC_Signature-END:

12
13
14

14603754v.1

61khh4bb

15
16
17
18
19
20
21
22
23
24
25
26
27
28
5
Joint Stipulation re Class Certification Deadlines / Case No. 2:10-CV-00523-GEB-JFM