Z.F., et al v. Ripon Unified School District, et al
Filing
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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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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
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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
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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) 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
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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 TO EXTEND THE DISCOVERY DEADLINE FOR THE LIMITED PURPOSE OF TAKING
TWO REMAINING DEPOSITIONS / 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,
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Plaintiffs, on behalf of
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themselves and all others
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similarly situated
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vs.
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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
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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,
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RICHARD JACOBS, Executive Director of
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VMRC, in his official and individual capacity, )
TARA SISEMORE-HESTER, Coordinator for )
Autism Services for VMRC, in her official and )
individual capacity; VIRGINIA JOHNSON,
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Director of Modesto City Schools SELPA, in )
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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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
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Pursuant to Civ. L.R. 144, and subject to approval of the Court, Plaintiffs Z.F, a minor,
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by and through his parents M.A.F. and J.F. and M.A.F. and J.F individually; L.H. and J.H.,
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minors, by and through their parents J.A. and J.R.H. and J.A. and J.R.H. individually; A.N., a
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minor, by and through his parents, G.N. and M.R., and G.N. and M.R. individually (“Plaintiffs”)
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and Defendants Modesto City Schools, Modesto City Schools Board of Education, Ripon
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Unified School District, Ripon Unified School District Board of Trustees and San Joaquin
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County Office of Education, and Valley Mountain Regional Center, Richard Jacobs, and Tara
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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
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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 non-expert discovery deadline in this matter was
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previously set for June 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
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Mandatory Settlement Conference, and since made diligent efforts to complete the discovery
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previously agreed to be put on hold pending the outcome of the settlement conference;
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5.
WHEREAS, the Parties subsequently stipulated to, and this Court granted the
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stipulation to extend the discovery deadline an additional 30 days to July 16, 2014 for the limited
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purpose of completing five remaining depositions of Plaintiff and Counter-Defendant M.A.F.,
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Plaintiff and Counter-Defendant J.A., Plaintiff J.F., non-party Shirley Nutt (“Nutt”), and
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Counter-Claimant Tara Sisemore-Hester (“Sisemore-Hester”);
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6.
WHEREAS, during the time between the granting of the Parties’ stipulation and
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the extended July 16, 2014, Plaintiffs’ counsel had a week-long trial which limited the available
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days to complete the depositions. Further, due to a glitch in an email server, the majority of
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emails sent from Plaintiffs’ counsel to counsel for the co-Defendants and Counter-Claimants was
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not delivered and/or was unknowingly caught in SPAM filters, causing an unexpected and
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unrealized miscommunication among counsel for all parties. Because counsel for the Parties
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were unaware of this glitch for approximately one week following Plaintiffs’ counsel’s trial in
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another matter, the Parties were unable to coordinate available dates to complete the depositions
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as planned;
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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
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WHEREAS, the Parties have since worked diligently to schedule the remaining
depositions and have agreed to a schedule to complete them;
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WHEREAS, Defendants and/or Counter-Claimants were able to depose J.F. and
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M.A.F. on Tuesday, July 15, 2014, Plaintiffs have scheduled the deposition of Sisemore-Hester
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for Wednesday July 23, 2014, Counter-Claimants have scheduled the deposition of J.A. for
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Thursday July 24, 2014, and Counter-Claimants have agreed to forego the deposition of Nutt
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(while reserving the right to depose her should information be revealed in any of the other
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depositions indicating a need to take the deposition of Nutt);
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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 until July 31, 2014 for
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the limited purpose of completing the remaining depositions of Sisemore-Hester and J.A., and
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potentially Nutt, if needed;
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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 31, 2014 for the limited purpose of
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conducting the depositions of (1) Tara Sisemore-Hester and (2) J.A. only. The Parties also
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stipulate and agree that, should any information be revealed in the remaining depositions causing
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it to be necessary, Counter-Claimants shall reserve and have the right to depose non-party
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Shirley Nutt on or before July 31, 2014.
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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
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DATED: July 18, 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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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
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DATED: July 18, 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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DATED: July 18, 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: July 18, 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.
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Dated: July 22, 2014
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Troy L. Nunley
United States District Judge
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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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