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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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 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,
)
)
Plaintiffs, on behalf of
)
themselves and all others
)
similarly situated
)
)
vs.
)
)
RIPON UNIFIED SCHOOL DISTRICT,
)
(RUSD); RIPON UNIFIED SCHOOL
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DISTRICT BOARD OF TRUSTEES,; SAN
)
JOAQUIN COUNTY OFFICE OF
)
EDUCATION; VALLEY MOUNTAIN
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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

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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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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

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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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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 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