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

Filing 217

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 6/16/14 extending the non-expert discovery deadline until July 16, 2014 for the limited purpose of conducting the depositions of M.A.F.; J.A.; Shirley Nutt; J.F.; and Tara Sisemore-Hester only. (Kaminski, H)

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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
Telephone: [phone]
Facsimile: [phone]

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Attorneys for MODESTO CITY SCHOOLS, MODESTO CITY
SCHOOLS BOARD OF EDUCATION
MCARTHUR & LEVIN, LLP
Rodney L. Levin (SBN 169360) [e-mail]
637 Santa Cruz Avenue
Los Gatos, CA 95030
Telephone: [phone]
Facsimile: [phone]

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Attorneys for RIPON UNIFIED SCHOOL DISTRICT,
RIPON UNIFIED SCHOOL DISTRICT BOARD OF TRUSTEES
and SAN JOAQUIN COUNTY OFFICE OF EDUCATION

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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
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiffs and Counter 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

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Stipulation. re Referral to VDRP; Case No. 2:10-CV-00523-TLN-CKD

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THE UNITED STATES DISTRICT COURT FOR

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THE EASTERN DISTRICT OF CALIFORNIA

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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,
)
)
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-TLN-CKD

STIPULATION TO EXTEND THE
DISCOVERY DEADLINE FOR THE
LIMITED PURPOSE OF TAKING FIVE
(5) REMAINING DEPOSITIONS

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Pursuant to Civ. L.R. 144, and subject to approval of the Court, Plaintiffs 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”)
and Defendants Modesto City Schools, Modesto City Schools Board of Education, Ripon
Unified School District, Ripon Unified School District Board of Trustees and San Joaquin
County Office of Education, and Valley Mountain Regional Center, Richard Jacobs, and Tara
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STIPULATION TO EXTEND THE DISCOVERY DEADLINE FOR THE LIMITED PURPOSE OF THE 5
DEPOSITIONS / CASE NO. 2:10-CV-00523-TLN-CKD

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Sisemore-Hester (“Defendants”) (collectively, the “Parties”) enter into the following stipulation

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and respectfully request the Court’s acceptance of this stipulation:

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1.

WHEREAS, pursuant to the Court’s January 21, 2014 Amended Pretrial

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Scheduling Order (“Scheduling Order”), the current non-expert discovery deadline is set for June

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16;

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2.

WHEREAS, also pursuant to the Scheduling Order, the dispositive motion

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deadline to hear dispositive motions is December 11, 2014, and the trial in this matter is

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currently scheduled for May 18, 2015;

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3.

WHEREAS, the Parties previously agreed to place a stay on discovery pending

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the outcome of the Mandatory Settlement Conference, held on March 20, 2014 before the

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Honorable Magistrate Judge Allison Claire;

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4.

WHEREAS, the Parties were unable to resolve all claims at the March 20, 2014

Mandatory Settlement Conference;
5.

WHEREAS, the Parties subsequently served written discovery concerning some

of the remaining issues in this matter;
6.

WHEREAS, the Parties agree that Defendants/Counter-claimants VMRC, Jacobs

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and Sisemore-Hester, who previously agreed to postpone taking depositions pertaining to their

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Counterclaim and Complaint against counter-defendants M.A.F., J.A. and Special Needs

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Advocates for Understanding, should have the opportunity to depose M.A.F., J.A., and non-party

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Shirley Nutt (“Nutt”) in order to conduct adequate discovery of their counterclaims;

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7.

WHEREAS, the Parties agree that the defendants also should have the

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opportunity to depose parent-Plaintiff J.F., whose deposition was unable to be taken previously

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due to J.F.’s schedule and lack of availability;

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8.

WHEREAS, the Parties agree that Plaintiffs should have the opportunity to

depose Ms. Sisemore-Hester, the Coordinator for Autism Services for VMRC;
9.

WHEREAS, the Parties have met and conferred and have agreed good cause

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exists to stipulate to a continuance of the non-expert discovery deadline an additional thirty (30)

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days for the limited purpose of conducting the depositions stated in Paragraphs 6, 7 and 8;
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Case No. 2:10-CV-00523-TLN-CKD

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NOW THEREFORE, all Parties hereto stipulate and agree that the Court may enter an

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Order extending the non-expert discovery deadline until July 16, 2014 for the limited purpose of

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conducting the depositions of (1) M.A.F.; (2) J.A.; (3) Shirley Nutt; (4) J.F.; and (5) Tara

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Sisemore-Hester only.

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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DATED: June 13, 2014

SEYFARTH SHAW LLP

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By: ______/s/ Mathew J. Mason____________
G. Daniel Newland
Cassandra H. Carroll
Eric M. Lloyd
Matthew J. Mason
Attorneys for Defendant
VALLEY MOUNTAIN REGIONAL
CENTER RICHARD JACOBS, and TARA
SISEMORE-HESTER

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DATED: June 13, 2014

KRONICK MOSKOVITZ TIDEMANN &
GIRARD

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By: ______/s/ Michelle L. Cannon__________
Michelle L. Cannon
Attorneys for Defendant
MODESTO CITY SCHOOLS, MODESTO
CITY SCHOOLS BOARD OF EDUCATION,

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Case No. 2:10-CV-00523-TLN-CKD

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DATED: June 13, 2014

MCARTHUR & LEVIN, LLP

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By: ______/s/ Rodney L. Levin____________
Rodney L. Levin
Attorneys for Defendant
RIPON UNIFIED SCHOOL DISTRICT,
RIPON UNIFIED SCHOOL DISTRICT
BOARD OF TRUSTEES AND SAN
JOAQUIN COUNTY OFFICE OF
EDUCATION

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DATED: June 13, 2014

LEIGH LAW GROUP

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By: ______/s/ Jay T. Jambeck____________
Jay T. Jambeck
Attorneys for Plaintiffs
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

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IT IS SO ORDERED.
Dated: June 16, 2014

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Troy L. Nunley
United States District Judge

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Case No. 2:10-CV-00523-TLN-CKD
17407714v.1 / 58540-000003