F. v. Ripon Unified School District

Filing 9

STATUS (PRETRIAL SCHEDULING) ORDER signed by Magistrate Judge Gregory G. Hollows on 3/16/12: Discovery due by 6/29/2012. Dispositive Motions filed by 8/24/2012. (Kaminski, H)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10

Z.F. et al.,
NO. 2:11-cv-02741 KJM GGH
Plaintiff,

11
v.

12
13

RIPON UNIFIED SCHOOL DISTRICT,

14

STATUS (PRETRIAL SCHEDULING)
ORDER

Defendant.
____________________________________/

15
An initial scheduling conference was held in this case on March 15, 2012; George Crook

16
17

and Bryan Winn appeared for plaintiff; Marcella Gutierrez and Ileana Butu appeared for

18

defendant. Having reviewed the parties’ Joint Status Report filed, and having discussed a

19

schedule for the case with counsel at the hearing, the court makes the following orders:

20

I.

SERVICE OF PROCESS
All named defendants have been served and no further service is permitted without leave

21
22

of court, good cause having been shown.

23

II.

ADDITIONAL PARTIES/AMENDMENTS/PLEADINGS
No further joinder of parties or amendments to pleadings is permitted without leave of

24
25

court, good cause having been shown. See FED . R. CIV . P. 16(b); Johnson v. Mammoth

26

Recreations, Inc., 975 F.2d 604 (9th Cir. 1992).

27

\\\\\

28

\\\\\

1

III.

JURISDICTION/VENUE
Jurisdiction is predicated upon 20 U.S.C. §1415(i)(2), (3). Jurisdiction and venue are not

2
3

disputed.

4

IV.

DISCOVERY
Because this action under the IDEA proceeds primarily as a review upon an

5
6

administrative record, the parties agreed, and the undersigned concurs ,that no initial disclosures

7

as required by Federal Rule of Civil Procedure 26(a) are necessary. See Fed.R.Civ.P. Rule

8

26(a)(1)(B)(i).
Discovery in this case is limited. Plaintiff plans very limited paper discovery concerning

9
10

events transpiring during the administrative proceedings; defendant does not contemplate

11

discovery. All discovery shall be completed by June 29, 2012. In this context, “completed”

12

means that all discovery shall have been conducted so that all depositions have been taken and

13

any disputes relative to discovery shall have been resolved by appropriate order if necessary and,

14

where discovery has been ordered, the order has been obeyed. All motions to compel discovery

15

must be noticed on the magistrate judge’s calendar in accordance with the local rules of this

16

court.

17

V.

The parties will not be presenting expert witnesses.

18
19
20

DISCLOSURE OF EXPERT WITNESSES

VI.

MOTION HEARING SCHEDULE
Although the parties dispute the correct statement of the one issue involved, only one

21

issue is involved. Plaintiff asserts that the “District had predetermined the subject IEP by

22

determining in advance not to extend the contract of a nonpublic agency that was providing aide

23

services to plaintiff’s son.” “Defendant asserts that the issue is whether the District

24

predetermined a change in the nonpublic agency (‘NPA’) providing behavior intervention

25

services to Student.” Joint Status Report at 3.

26

As this case primarily involves review upon an administrative record, in all probability,

27

the case will be resolved on cross-motions for summary judgment. The filing of these motions is

28

a requirement in this case. Moreover, as is the case in cross-motions for summary judgment in
2

1

Social Security cases, the parties need not file the ordinary undisputed and disputed facts

2

statements. Plaintiff shall lodge the administrative record with the filing of plaintiff’s motion for

3

summary judgment.
Plaintiff shall file plaintiff’s motion for summary judgment first. Defendant shall timely

4
5

oppose and concurrently file its cross-motion for summary judgment. Plaintiff may then reply.

6

No further briefing is authorized.
All dispositive motions, including the above referenced cross-motions for summary

7
8

judgment, except motions for continuances, temporary restraining orders or other emergency

9

applications, shall be heard no later than August 24, 2012. The parties may obtain available

10

hearing dates by calling Casey Schultz, the Courtroom Deputy, at [phone].
All purely legal issues are to be resolved by timely pretrial motions. Local Rule 230

11
12

governs the calendaring and procedures of civil motions with the following additions:

13

(a)

The opposition and reply must be filed by 4:00 p.m. on the day due; and

14

(b)

When the last day for filing an opposition brief falls on a legal holiday, the

15

opposition brief shall be filed on the last court day immediately preceding

16

the legal holiday.

17

Failure to comply with Local Rule 230(c), as modified by this order, may be deemed consent to

18

the motion and the court may dispose of the motion summarily. Brydges v. Lewis, 18 F.3d 651,

19

652-53 (9th Cir. 1994).
The court places a page limit of twenty (20) pages on all moving papers, twenty (20)

20
21

pages on oppositions, and ten (10) pages for replies. All requests for page limit increases must

22

be made through the courtroom deputy clerk at least fourteen (14) days prior to the filing of the

23

motion.
If this matter makes its way to trial, the parties are reminded that a motion in limine is a

24
25

pretrial procedural device designed to address the admissibility of evidence. The court will look

26

with disfavor upon dispositional motions presented at the Final Pretrial Conference or at trial in

27

the guise of motions in limine.

28

\\\\\
3

The parties are cautioned that failure to raise a dispositive legal issue that could have been

1
2

tendered to the court by proper pretrial motion prior to the dispositive motion cut-off date may

3

constitute waiver of such issue.

4

VII.

FINAL PRETRIAL CONFERENCE
Because the filing of dispositive motions is mandatory in this case, and because the case

5
6

will in all probability be resolved by a ruling on the cross- motions for summary judgment, no

7

final pretrial conference will be set at this time.

8

VIII.

Not applicable.

9
10

TRIAL SETTING

IX.

SETTLEMENT CONFERENCE

11

The parties have participated in an administrative hearing which came to decision, and

12

have otherwise exhausted settlement discussions. No settlement conference will be set at this

13

time.

14

X.

MODIFICATION OF STATUS (PRETRIAL SCHEDULING) ORDER

15

The parties are reminded that pursuant to Rule 16(b) of the Federal Rules of Civil

16

Procedure, the Status (Pretrial Scheduling) Order shall not be modified except by leave of court

17

upon a showing of good cause. Agreement by the parties pursuant to stipulation alone does not

18

constitute good cause. Except in extraordinary circumstances, unavailability of witnesses or

19

counsel does not constitute good cause.

20

XI.

21
22
23
24
25

OBJECTIONS TO STATUS (PRETRIAL SCHEDULING) ORDER
This Status Order will become final without further order of the court unless objections

are filed within fourteen (14) calendar days of service of this Order.
IT IS SO ORDERED.
DATED: March 16, 2012
/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

26
27
28
4