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

Filing 229

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 7/22/14 ORDERING that the non-expert discovery deadline is EXTENDED until July 31, 2014 for the limited purpose of conducting the depositions of Tara Sisemore-Hester and J.A. only. (Kastilahn, A)

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1 2 3 4 5 6 7 8 9 10 SEYFARTH SHAW LLP G. Daniel Newland (SBN 087965) dnewland@seyfarth.com Cassandra H. Carroll (SBN 209123) ccarroll@seyfarth.com Eric M. Lloyd (SBN 254390) elloyd@seyfarth.com Matthew J. Mason (SBN 271344) mmason@seyfarth.com 560 Mission Street, Suite 3100 San Francisco, California 94105 Telephone: (415) 397-2823 Facsimile: (415) 397-8549 Attorneys for Defendants/Counter-Claimants VALLEY MOUNTAIN REGIONAL CENTER, RICHARD JACOBS, and TARA SISEMORE-HESTER KRONICK MOSKOVITZ TIDEMANN & GIRARD Michelle L. Cannon (SBN 172680) mcannon@kmtg.com 2390 Professional Drive Roseville, CA 95661 Telephone: (916) 321-4500 Facsimile: (916) 321-4555 11 12 13 14 15 Attorneys for MODESTO CITY SCHOOLS, MODESTO CITY SCHOOLS BOARD OF EDUCATION MCARTHUR & LEVIN, LLP Rodney L. Levin (SBN 169360) rod@mcarthurlevin.com 637 Santa Cruz Avenue Los Gatos, CA 95030 Telephone: (408) 741-2377 Facsimile: (408) 741-2378 16 17 Attorneys for RIPON UNIFIED SCHOOL DISTRICT, RIPON UNIFIED SCHOOL DISTRICT BOARD OF TRUSTEES and SAN JOAQUIN COUNTY OFFICE OF EDUCATION 18 19 20 21 LEIGH LAW GROUP Mandy Leigh (SBN 225748) mleigh@leighlawgroup.com Jay T. Jambeck (SBN 226018) jjambeck@leighlawgroup.com 870 Market St Ste 1157 San Francisco, CA 94102 Telephone: (415) 399-9155 Facsimile: (415) 795-3733 22 23 24 25 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 26 27 28 1 STIPULATION TO EXTEND THE DISCOVERY DEADLINE FOR THE LIMITED PURPOSE OF TAKING TWO REMAINING DEPOSITIONS / CASE NO. 2:10-CV-00523-TLN-CKD 1 THE UNITED STATES DISTRICT COURT FOR 2 THE EASTERN DISTRICT OF CALIFORNIA 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 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 AND ORDER TO EXTEND THE DISCOVERY DEADLINE FOR THE LIMITED PURPOSE OF TAKING TWO REMAINING DEPOSITIONS 20 21 Pursuant to Civ. L.R. 144, and subject to approval of the Court, Plaintiffs Z.F, a minor, 22 by and through his parents M.A.F. and J.F. and M.A.F. and J.F individually; L.H. and J.H., 23 minors, by and through their parents J.A. and J.R.H. and J.A. and J.R.H. individually; A.N., a 24 minor, by and through his parents, G.N. and M.R., and G.N. and M.R. individually (“Plaintiffs”) 25 and Defendants Modesto City Schools, Modesto City Schools Board of Education, Ripon 26 Unified School District, Ripon Unified School District Board of Trustees and San Joaquin 27 County Office of Education, and Valley Mountain Regional Center, Richard Jacobs, and Tara 28 2 STIPULATION AND ORDER TO EXTEND THE DISCOVERY DEADLINE FOR THE LIMITED PURPOSE OF TAKING TWO REMAINING DEPOSITIONS / CASE NO. 2:10-CV-00523-TLN-CKD 1 Sisemore-Hester (“Defendants”) (collectively, the “Parties”) enter into the following stipulation 2 and respectfully request the Court’s acceptance of this stipulation: 3 1. WHEREAS, pursuant to the Court’s January 21, 2014 Amended Pretrial 4 Scheduling Order (“Scheduling Order”), the non-expert discovery deadline in this matter was 5 previously set for June 16; 6 2. WHEREAS, also pursuant to the Scheduling Order, the dispositive motion 7 deadline to hear dispositive motions is December 11, 2014, and the trial in this matter is 8 currently scheduled for May 18, 2015; 9 3. WHEREAS, the Parties previously agreed to place a stay on discovery pending 10 the outcome of the Mandatory Settlement Conference, held on March 20, 2014 before the 11 Honorable Magistrate Judge Allison Claire; 12 4. WHEREAS, the Parties were unable to resolve all claims at the March 20, 2014 13 Mandatory Settlement Conference, and since made diligent efforts to complete the discovery 14 previously agreed to be put on hold pending the outcome of the settlement conference; 15 5. WHEREAS, the Parties subsequently stipulated to, and this Court granted the 16 stipulation to extend the discovery deadline an additional 30 days to July 16, 2014 for the limited 17 purpose of completing five remaining depositions of Plaintiff and Counter-Defendant M.A.F., 18 Plaintiff and Counter-Defendant J.A., Plaintiff J.F., non-party Shirley Nutt (“Nutt”), and 19 Counter-Claimant Tara Sisemore-Hester (“Sisemore-Hester”); 20 6. WHEREAS, during the time between the granting of the Parties’ stipulation and 21 the extended July 16, 2014, Plaintiffs’ counsel had a week-long trial which limited the available 22 days to complete the depositions. Further, due to a glitch in an email server, the majority of 23 emails sent from Plaintiffs’ counsel to counsel for the co-Defendants and Counter-Claimants was 24 not delivered and/or was unknowingly caught in SPAM filters, causing an unexpected and 25 unrealized miscommunication among counsel for all parties. Because counsel for the Parties 26 were unaware of this glitch for approximately one week following Plaintiffs’ counsel’s trial in 27 another matter, the Parties were unable to coordinate available dates to complete the depositions 28 as planned; 3 STIPULATION AND ORDER TO EXTEND THE DISCOVERY DEADLINE FOR THE LIMITED PURPOSE OF TAKING TWO REMAINING DEPOSITIONS / CASE NO. 2:10-CV-00523-TLN-CKD 1 2 3 7. WHEREAS, the Parties have since worked diligently to schedule the remaining depositions and have agreed to a schedule to complete them; 8. WHEREAS, Defendants and/or Counter-Claimants were able to depose J.F. and 4 M.A.F. on Tuesday, July 15, 2014, Plaintiffs have scheduled the deposition of Sisemore-Hester 5 for Wednesday July 23, 2014, Counter-Claimants have scheduled the deposition of J.A. for 6 Thursday July 24, 2014, and Counter-Claimants have agreed to forego the deposition of Nutt 7 (while reserving the right to depose her should information be revealed in any of the other 8 depositions indicating a need to take the deposition of Nutt); 9 9. WHEREAS, the Parties have met and conferred and have agreed good cause 10 exists to stipulate to a continuance of the non-expert discovery deadline until July 31, 2014 for 11 the limited purpose of completing the remaining depositions of Sisemore-Hester and J.A., and 12 potentially Nutt, if needed; 13 NOW THEREFORE, all Parties hereto stipulate and agree that the Court may enter an 14 Order extending the non-expert discovery deadline until July 31, 2014 for the limited purpose of 15 conducting the depositions of (1) Tara Sisemore-Hester and (2) J.A. only. The Parties also 16 stipulate and agree that, should any information be revealed in the remaining depositions causing 17 it to be necessary, Counter-Claimants shall reserve and have the right to depose non-party 18 Shirley Nutt on or before July 31, 2014. 19 20 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 21 22 DATED: July 18, 2014 SEYFARTH SHAW LLP 23 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 24 25 26 27 28 4 STIPULATION AND ORDER TO EXTEND THE DISCOVERY DEADLINE FOR THE LIMITED PURPOSE OF TAKING TWO REMAINING DEPOSITIONS / CASE NO. 2:10-CV-00523-TLN-CKD 1 DATED: July 18, 2014 KRONICK MOSKOVITZ TIDEMANN & GIRARD 2 3 4 By: ______/s/ Michelle L. Cannon__________ Michelle L. Cannon Attorneys for Defendant MODESTO CITY SCHOOLS, MODESTO CITY SCHOOLS BOARD OF EDUCATION, 5 6 7 DATED: July 18, 2014 MCARTHUR & LEVIN, LLP 8 9 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 10 11 12 13 14 DATED: July 18, 2014 LEIGH LAW GROUP 15 16 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 17 18 19 20 21 22 IT IS SO ORDERED. 23 24 Dated: July 22, 2014 25 26 Troy L. Nunley United States District Judge 27 28 5 STIPULATION AND ORDER TO EXTEND THE DISCOVERY DEADLINE FOR THE LIMITED PURPOSE OF TAKING TWO REMAINING DEPOSITIONS / CASE NO. 2:10-CV-00523-TLN-CKD 17603247v.1 / 58540-000003

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