Morgan Hill Concerned Parents Association v. California Department of Education

Filing 367

STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 6/5/2018 ORDERING that until the Court provides otherwise, the parties are to observe the procedures set out in the Eastern District of Californias Local Rule 230 when filing discovery motions in this action. (Hunt, G)

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Rony Sagy (State Bar No. 112219)
Barbara L. Gately (State Bar No. 76497)
Sagy Law Associates
930 Montgomery Street Suite 600
San Francisco CA 94133
[e-mail]
Tel: [phone]
Fax: [phone]
Attorneys for Plaintiffs
MORGAN HILL CONCERNED PARENTS ASSOCIATION and
CONCERNED PARENTS ASSOCIATION

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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MORGAN HILL CONCERNED PARENTS CASE NO. 2:11-CV-03471-KJM AC
ASSOCIATION, an unincorporated
association, and CONCERNED PARENTS DISCOVERY MATTER
ASSOCIATION, an unincorporated
association,
PLAINTIFFS’ AND DEFENDANT’S
STIPULATION AND [PROPOSED] ORDER RE
Plaintiffs,
FORMAT OF DISCOVERY MOTION
PRACTICE
v.
Courtroom:
26
CALIFORNIA DEPARTMENT OF
Judge:
Honorable Allison Claire
EDUCATION, and DOES 1 through 5,
Magistrate Judge
Hearing Date:
July 18, 2018
Defendants.
Hearing Time:
10:00 a.m.
Action Filed:
April 23, 2012

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WHEREAS Defendant California Department of Education (CDE) presently has two

22 motions pending for hearing on July 18, 2018 before Magistrate Judge Claire in Courtroom 26 at
23 10 a.m., namely, a motion for sanctions and a motion for a protective order;
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WHEREAS Plaintiffs Morgan Hill Concerned Parents Association and Concerned Parents

25 Association (Plaintiffs) anticipate filing three discovery motions to be heard on the same date and
26 time before Magistrate Judge Claire: a motion for a protective order, and two motions to compel;
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WHEREAS Magistrate Judge Claire has, in the past, directed the parties to notice all of

28 their discovery motions pursuant to Local Rule 230, rather than following the procedures set out in
SAGY LAW
ASSOCIATES

PLAINTIFFS’ AND DEFENDANT’S STIPULATION AND [PROPOSED] ORDER RE FORMAT OF DISCOVERY MOTION PRACTICE/
MHCPA & CPA v. CDE CASE#2:11-CV-03471-KJM-AC

1 Local Rule 251 which ostensibly governs all discovery motions, noting the parties’ persistent
2 inability to reach common ground;
WHEREAS Local Rule 230 contemplates a more traditional motion practice in which: the

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4 moving party files a notice of motion and supporting memorandum of points and authorities; the
5 opposing party files a memorandum of points and authorities opposing the motion; and the moving
6 party has the opportunity to respond to the opposing party’s arguments in a reply memorandum;
WHEREAS the parties have found that proceeding under Local Rule 230, rather than Local

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8 Rule 251, provides greater clarity and exposition of the issues and arguments implicated by their
9 respective motions;
WHEREAS the parties believe that the Court is better served in its consideration of the

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11 parties’ respective discovery motions by adopting the format set out in Local Rule 230;
NOW, THEREFORE, THE PARTIES STIPULATE AND AGREE to notice and

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13 prepare all discovery motions pursuant to the provisions set out in Local Rule 230 rather than
14 Local Rule 251.
15 DATED: June 4, 2018

SAGY LAW ASSOCIATES

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By: ___________/S/ Rony Sagy__ ____
RONY SAGY

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Attorneys for Plaintiffs MORGAN HILL
CONCERNED PARENTS
ASSOCIATION and CONCERNED
PARENTS ASSOCIATION

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22 Dated:
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June 4, 2018

XAVIER BECERRA
Attorney General of California
ISMAEL A. CASTRO
Supervising Deputy Attorney General

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By: _______/S/ Julia R. Jackson__ ____
JULIA R. JACKSON
Deputy Attorney General
Attorneys for Defendant
California Department of Education

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-2SAGY LAW
ASSOCIATES

PLAINTIFFS’ AND DEFENDANT’S STIPULATION AND [PROPOSED] ORDER RE FORMAT OF DISCOVERY MOTION PRACTICE/
MHCPA & CPA v. CDE CASE#2:11-CV-03471-KJM-AC

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GOOD CAUSE APPEARING THEREFOR, THE COURT HEREBY ORDERS that,

2 until the Court provides otherwise, the parties are to observe the procedures set out in the Eastern
3 District of California’s Local Rule 230 when filing discovery motions in this action.
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IT IS SO ORDERED.

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Date: June 5, 2018

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-3SAGY LAW
ASSOCIATES

PLAINTIFFS’ AND DEFENDANT’S STIPULATION AND [PROPOSED] ORDER RE FORMAT OF DISCOVERY MOTION PRACTICE/
MHCPA & CPA v. CDE CASE#2:11-CV-03471-KJM-AC

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