Swanson-Houston, et al. v. Sutter County Superintendent of Schools, et al.

Filing 41

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 5/3/16: Discovery cut-off: July 22, 2016. Expert Disclosure: August 19, 2016. Rebuttal Expert Disclosure: September 9, 2016. Expert Discovery cut-off: October 10, 2016. (Kaminski, H)

1
2
3
4
5
6
7

James K. Ward, Esq. (SBN 117639)
Daniel P. Jay, Esq. (SBN 215860)
EVANS, WIECKOWSKI, WARD & SCOFFIELD, LLP
745 University Avenue
Sacramento, CA 95825
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
YUBA CITY UNIFIED SCHOOL DISTRICT
and SUTTER COUNTY SUPERINTENDENT OF
SCHOOLS

8

UNITED STATES DISTRICT COURT

9
10

EASTERN DISTRICT OF CALIFORNIA

11
12
13

DAVID SWANSON, through his guardian
ad litem HEATHER SWANSONHOUSTON , and on her own behalf,

14

Plaintiffs,

15

vs.

16
17

YUBA CITY UNIFIED SCHOOL
DISTRICT and SUTTER COUNTY
SUPERINTENDENT OF SCHOOLS,

18
19

Defendants.

)
)
)
)
)
)
)
)
)
)
)
)
)
)

Case No. 2:14-cv-01431-KJM-EFP (TEMP)
STIPULATION AND DECLARATION;
ORDER TO ADJUST PRE-TRIAL
SCHEDULING ORDER

Before the Honorable Kimberly J. Mueller

20

IT IS HEREBY STIPULATED by Plaintiffs, DAVID SWANSON and HEATHER
21
22

SWANSON-HOUSTON, by and through their attorneys, and Defendants, YUBA CITY

23

UNIFIED SCHOOL DISTRICT and SUTTER COUNTY SUPERINTENDENT OF SCHOOLS,

24

by and through their attorneys, that the pre-trial scheduling order be amended as follows:

25



Discovery cut-off: July 22, 2016.

27



Expert Disclosure: August 19, 2016.

28



Rebuttal Expert Disclosure: September 9, 2016.

26

Stipulation and Order - 1



1

Expert Discovery cut-off: October 10, 2016.

2

THE PARTIES FURTHER STIPULATE that the law and motion date of July 29, 2016,
3

the pre-trial conference date of October 13, 2016 and the trial date of December 5, 2016 set forth
4
5

in the current pre-trial scheduling order shall remain the same.
This stipulation is based upon the following facts which the parties submit show good

6
7

cause to adjust the pretrial scheduling order:

8

1.

That on June 18, 2015, the Court established a discovery cut-off date of March 1,

2.

That on February 18, 2016 the Court established a cut-off for all discovery of

9
10
11
12
13

2016.

June 30, 2016.
3.

That since the date of the June 18, 2015 original scheduling order, the parties have

14

been diligently conducting discovery in a related state court case entitled David Swanson v.
15
16

Sutter County Superintendent of Schools, et al. (Sutter County Superior Court case number

17

CVCS 13-2115) which involves the same parties, the same core-set of facts relating to David

18

Swanson’s enrollment in Defendants’ school programs and his treatment in those programs.

19

Defendant Sutter County Superintendent of Schools is also involved in a related federal court

20

case entitled Armstrong v. Sutter County Superintendent of Schools (Eastern District of
21
22

California case number 2:13-cv-02624) which involves the alleged retaliatory termination of

23

David Swanson’s one-on-one caregiver, Annette Armstrong, and where it is also claimed that

24

Ms. Armstrong was terminated because she advocated for David Swanson and reported physical

25

abuse. The state court Swanson and Armstrong cases also involve many of the same witnesses
26
27
28

that may be called to testify in the instant matter. Thus, it is expected that some of the discovery
conducted in these two related cases will be useful to the defense and prosecution of the instant

Stipulation and Order - 2

1
2

matter but the parties would like additional time in the instant matter to finalize discovery to
cover issues not addressed in the two related cases or addressed in the underlying administrative

3

record in the instant matter. The discovery in the two related cases is still ongoing. Thus, the
4
5

parties submit that there remains important follow-up discovery to be conducted in the instant

6

case.

7

4.

That since the date of the original scheduling order of June 18, 2015, the parties

8

have met and conferred regarding the disclosure of expert witnesses and have come to the
9
10

conclusion that it would save both parties significant amounts of money and effort if experts

11

were disclosed after this Court hears the parties’ dispositive motions which will occur no later

12

than July 29, 2016. Such an arrangement will likely narrow the type of experts necessary and

13

also narrow the scope of expert testimony, if experts are even necessary after dispositive motions

14

are heard.
15
16

5.

The parties, who all agree that the adjusted deadlines are necessary and

17

reasonable, have meet and conferred and have agreed to the revised timeline set forth above.

18

Furthermore, the proposed adjustment to the scheduling order will not result in a change of the

19

trial date or other hearing date in this matter.

20

6.

Based on the foregoing, the parties submit that good cause exists to adjust the

21
22

pretrial scheduling order as follows: regular discovery cut-off to July 22, 2016; expert disclosure

23

to August 19, 2016; rebuttal expert disclosure to September 9, 2016; and expert discovery cut-off

24

to October 31, 2016. The parties ask that all other dates remain as stated in the original

25

scheduling order.
26
27
28

7.

The parties agree that this stipulation is valid under Local Rule 143.

IT IS SO STIPULATED.

Stipulation and Order - 3

1

Dated: April 29, 2016

EVANS, WIECKOWSKI, WARD &
SCOFFIELD, LLP

2
3

/s/ Daniel Jay
_____________________________
JAMES K. WARD
DANIEL JAY
Attorneys for Defendants SUTTER
COUNTY SUPERINTENDENT OF
SCHOOLS and YUBA CITY
UNIFIED SCHOOL DISTRICT

4
5
6
7
8
9

Dated: April 29, 2016

MARTHA MILLAR LAW

10

/s/ Martha Millar
_____________________________
MARTHA MILLAR
Attorneys for Plaintiffs DAVID
SWANSON and HEATHER
SWANSON-HOUSTON

11
12
13
14
15

DECLARATION OF DANIEL JAY

16
17

I, Daniel Jay, do hereby declare and say the following:

18

1.

19

I am one of the attorneys of record for the Defendants in the above-entitled action.

I have prepared this Declaration as evidence in support of the parties’ request to adjust the

20

pretrial scheduling order in this matter. The facts stated in the stipulation set forth above are true
21
22

and correct and based upon my personal knowledge.

23

I declare under the penalty of perjury under the laws of the United States of America that

24

the facts stated above in the stipulation of the parties are true and correct. This Declaration was

25

executed on April 29, 2016 in Sacramento, CA.
26

/s/ Daniel Jay
________________________
DANIEL JAY

27
28

Stipulation and Order - 4

1
2

DECLARATION OF MARTHA MILLAR
I, Martha Millar, do hereby declare and say the following:

3

1.

I am the attorney of record for the Plaintiffs in the above-entitled action. I have

4
5

prepared this Declaration as evidence in support of the parties’ request to adjust the pretrial

6

scheduling order in this matter. The facts stated in the stipulation set forth above are true and

7

correct and based upon my personal knowledge.

8

I declare under the penalty of perjury under the laws of the United States of America that
9
10
11

the facts stated above in the stipulation of the parties are true and correct. This Declaration was
executed on April 29, 2016 in Grass Valley, CA
/s/ Martha Millar
________________________
MARTHA MILLAR

12
13
14
15
16

ORDER
Based upon the stipulation of the parties and good cause appearing, the Court orders that

17

the pretrial scheduling order be amended as follows:
18
19



Discovery cut-off: July 22, 2016.

20



Expert Disclosure: August 19, 2016.

21



Rebuttal Expert Disclosure: September 9, 2016.



Expert Discovery cut-off: October 10, 2016.

22
23
24
25

IT IS SO ORDERED.
Dated: May 3, 2016

26

UNITED STATES DISTRICT JUDGE
27
28

Stipulation and Order - 5