Parque v. Fort Sage Unified School District et al

Filing 39

STIPULATION AND ORDER signed by District Judge Morrison C. England, Jr on 1/13/17 ORDERING the Motion for Summary Judgment hearing of Thursday, 1/26/17 at 2:00 p.m. is continued to Thursday, 2/23/17 at 2:00 p.m. Opposition and any cross-motion, reply and opposition to cross-motion, and reply to cross motion deadlines will be tied to the continued Motion for Summary Judgment Hearing date. IT IS FURTHER ORDERED relief from the Pretrial Scheduling Order (dkt # 19 ) section VI. "Motion Hearing Schedule" is granted. Specifically, the last day to hear dispositive motions shall be 2/23/17. (Becknal, R)

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T. JAMES FISHER (SBN 064079)
1721 Court Street
P.O. Box 990460
Redding, CA 96099-0460
Telephone [phone]
Fax [phone]
[e-mail]
ANTHONY J. POIDMORE
Arnold Law Firm
865 Howe Avenue
Sacramento, CA 95825
Telephone No. [phone]
Fax No. [phone]
Attorneys for Plaintiff, NANCY PARQUE

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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NANCY PARQUE,
Plaintiff,

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vs.
THE FORT SAGE UNIFIED SCHOOL
DISTRICT, et al.
Defendant.

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Case No.: 2:15-cv-00044-MCE-CMK
STIPULATION AND REQUEST TO
CONTINUE MOTION FOR SUMMARY
JUDGMENT; ORDER
HEARING DATE: 01/26/17
JUDGE: MORRISON C. ENGLAND

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IT IS HEREBY STIPULATED by and between Plaintiff, NANCY PARQUE, and

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Defendants, THE FORT SAGE UNIFIED SCHOOL DISTRICT and BRYAN YOUNG by and

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through their respective counsel that the Motion for Summary Judgment, currently scheduled for

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Thursday, January 26, 2017 at 2:00 p.m. be continued to Thursday, February 23, 2017 at 2:00

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p.m. There have been no previous requests to continue the Motion for Summary Judgment.

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The parties further request that the court grant relief from the Scheduling Order of
STIPULATION AND REQUEST TO CONTINUE MOTION FOR SUMMARY JUDGMENT; ORDER
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October 14, 2015 (dkt #19) page 4 section VI “Motion Hearing Schedule” setting forth the last

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dispositive motions shall be February 2, 2017 to February 23, 2017.

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The parties move for a continuance of the Motion for Summary Judgment hearing date

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pursuant to Local Rule § 230(f) and FRCP § 56(d) because: (1) Plaintiff needs to obtain

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admissible additional evidence from her treating physicians in order to oppose defendants’

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motion; (2) Plaintiff may simultaneously seek to amend her complaint to allege a different

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termination date; and (3) Plaintiff’s counsel are both opposing summary judgment motions in

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separate cases which are due within the next two weeks.

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On November 2, 2016 the Court issued a Minute Order (dkt #27) vacating the June 8,

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2017 Final Pretrial Conference and July 31, 2017 Jury trial. It is therefore stipulated that there

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will be no prejudice imposed on either party for a continuance of the Motion for Summary

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Judgment date hearing.
IT IS SO STIPULATED AND AGREED.

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December 9, 2016

/S/T. James Fisher____________________
Attorney for Plaintiff T. JAMES FISHER
NANCY PARQUE

December 9, 2016

/S/ John P. Kelley_________________
Attorney for Defendants
THE FORT SAGE UNIFIED
SCHOOL DISTRICT and BRYAN YOUNG

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STIPULATION AND REQUEST TO CONTINUE MOTION FOR SUMMARY JUDGMENT; ORDER
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ORDER
IT IS ORDERED based on the stipulation filed by the parties, the Motion for Summary

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Judgment hearing of Thursday, January 26, 2017 at 2:00 p.m. is continued to Thursday,

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February 23, 2017 at 2:00 p.m. Opposition and any cross-motion, reply and opposition to

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cross-motion, and reply to cross motion deadlines will be tied to the continued Motion for

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Summary Judgment Hearing date.

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IT IS FURTHER ORDERED relief from the Pretrial Scheduling Order (dkt #19) section

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VI. “Motion Hearing Schedule” is granted. Specifically, the last day to hear dispositive motions

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shall be February 23, 2017.

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IT IS SO ORDERED.
Dated: January 13, 2017

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STIPULATION AND REQUEST TO CONTINUE MOTION FOR SUMMARY JUDGMENT; ORDER
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