Cervantes v. Stockton Unified School District

Filing 34

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 05/19/16 ORDERING that the case schedule is MODIFIED as follows: the deadline to complete fact discovery is EXTENDED to 08/15/16 solely to permit the taking of Dr. Sheree Audet� 39;s deposition; deadline for dispositive motions to be heard is EXTENDED to 09/23/16; Final Pretrial Conference RESET for 1/13/2017 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller; Jury Trial RESET for 2/13/2017 at 09:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. All other previously set deadlines, such as the deadlines for expert discovery, remain in place. (Benson, A)

1 Jonathan H. Siegel (SBN 78143)
Benjamin J. Siegel (SBN 256260)
2 SIEGEL LEWITTER MALKANI
1939 Harrison Street, Suite 307
3 Oakland, California 94612
Phone: [phone]
4 Fax: [phone]
[e-mail]
5 [e-mail]
6 Attorneys for Plaintiff LILY CERVANTES
7 James T. Anwyl (SBN 78715)
Lynn A. Garcia (SBN 131196)
8 Alexandra M. Asterlin (SBN 221286)
ANWYL & STEPP, LLP
9 2339 Gold Meadow Way, Suite 210
Gold River, CA 95670.
10 Phone: [phone]
Fax: [phone]
11 [e-mail]
[e-mail]
12 [e-mail]
13 Attorneys for Defendant STOCKTON
UNIFIED SCHOOL DISTRICT
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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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Siegel
LeWitter
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Malkani
1939 Harrison St.
Suite 307
Oakland, CA 94612
510-452-5000
510-452-5004 (fax)

) Case No. 2:15-cv-00060-KJM-AC
)
)
Plaintiff,
) STIPULATED JOINT REQUEST AND
) ORDER TO MODIFY STATUS
v.
) (PRETRIAL SCHEDULING) ORDER
STOCKTON UNIFIED SCHOOL DISTRICT )
)
and DOES I through XX, inclusive,
)
)
Defendant.
)
)
LILY CERVANTES

Plaintiff Lily Cervantes (“Plaintiff”) and Defendant Stockton Unified School District

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(“Defendant”), collectively (“the Parties”), by and through their respective undersigned counsel,

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hereby stipulate and jointly request that the discovery deadline be extended to August 15, 2016,

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solely for the purpose of taking Dr. Sheree Audet’s deposition, and that the hearing deadline for

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dispositive motions be extended to September 30, 2016.
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STIPULATED JOINT REQUEST AND ORDER TO MODIFY STATUS
(PRETRIAL SCHEDULING) ORDER - Case No. 2:15-cv-00060-KJM-AC

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The discovery deadline currently is June 28, 2016. The hearing deadline for dispositive
motions currently is August 26, 2016.
There is good cause for moving these dates. Plaintiff alleges in her operative complaint

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that Defendant laid off plaintiff effective July 1, 2014, because of her race, sex, and/or age. Before

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the layoff, Plaintiff was Defendant’s Executive Director of Legal Affairs. She alleges that the

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primary discriminatory actor was Defendant’s former Superintendent, Steven Lowder. At the time

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of Plaintiff’s layoff, Dr. Sheree Audet was the Deputy Superintendent. Dr. Audet left Defendant’s

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employ soon after Plaintiff’s layoff.

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Plaintiff believes that Dr. Audet is an important witness. Defendant produced in discovery

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administrative claims filed by Dr. Audet against Defendant in late 2014. In those claims, Dr.

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Audet alleges, among other things, that Dr. Lowder told her that he wanted to “‘set up’ [the

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termination of three older Hispanic females, including Ms. Cervantes] so it would not look like

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discrimination on gender, race, or age, since all were Hispanic females and over the age of 50.”

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(SUSD 007833.) Dr. Lowder denied this allegation at his deposition. Dr. Audet also alleged that

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she was Ms. Cervantes’s direct supervisor, but that she was not “asked for [her] recommendation

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nor was [she] involved in th[e] decision” to layoff Ms. Cervantes. It thus came as a “complete

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surprise” to Dr. Audet when Dr. Lowder informed her that he had decided to eliminate Ms.

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Cervantes’s position. (SUSD 007835.)

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For several months, Plaintiff has been attempting to locate Dr. Audet for a deposition,

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again who does not work for Defendant. Defense counsel also explained that Defendant did not

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know her whereabouts, and that it could not produce for her a deposition. Plaintiff’s counsel

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subsequently learned, earlier this year, that Dr. Audet is living and working in Abu Dhabi in the

23 United Arab Emirates. Plaintiff’s counsel also has been informed that Dr. Audet is returning to
Siegel
LeWitter
24 Northern California for six weeks starting in July 2016. Plaintiff’s counsel and Defense counsel
Malkani
1939 Harrison St.
Suite 307
Oakland, CA 94612
510-452-5000
510-452-5004 (fax)

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have been meeting and conferring about what to do, and ultimately determined that they could not

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arrange for her deposition in Abu Dhabi. Thus, the Parties have agreed to stipulate to extend the

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discovery deadline from June 28, 2016 to August 15, 2016, solely for the purpose of taking the

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deposition of Dr. Audet and not for any other purpose. The Parties also have agreed to work
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STIPULATED JOINT REQUEST AND ORDER TO MODIFY STATUS
(PRETRIAL SCHEDULING) ORDER - Case No. 2:15-cv-00060-KJM-AC

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together to find an agreeable date, for each Party as well as Dr. Audet, to take the deposition, and

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that every effort would be made to take the deposition as soon as possible, schedules permitting,

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and that in no event would that deposition occur after August 15, 2016.

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Defendant currently intends to file a dispositive motion in this case. Even so, the decision

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about whether to file a motion and the content of the motion may be dependent on what occurs at

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Dr. Audet’s deposition. Thus, the Parties request that the hearing deadline for dispositive motions

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be extended to September 30, 2016. That will give Defendant sufficient time to prepare any

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dispositive motion after Dr. Audet’s deposition, even assuming that deposition cannot be

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scheduled until close to August 15, 2016.

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The Parties understand that the Court may wish to adjust other dates based on moving the

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deadlines discussed above. Thus, the Parties would be available for telephonic or in-person

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conference to discuss the above, if the Court believes it is necessary.

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Accordingly, the Parties hereby jointly stipulate and request that the discovery deadline be

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extended to August 15, 2016, solely to permit the taking of Dr. Sheree Audet’s deposition, and

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that the hearing deadline for dispositive motions be extended to September 30, 2016.

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DATED:

May 19, 2016

SIEGEL LEWITTER MALKANI

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By:

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/s/ Benjamin J. Siegel
Jonathan H. Siegel
Benjamin J. Siegel

Attorneys for Plaintiff

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23 DATED: May 19, 2016
Siegel
LeWitter
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Malkani
1939 Harrison St.
Suite 307
Oakland, CA 94612
510-452-5000
510-452-5004 (fax)

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ANWYL & STEPP, LLP
By:

/s/ James T. Anwyl (as authorized on 5/17/16)
James T. Anwyl
Lynn A. Garcia
Alexandra M. Asterlin

Attorneys for Defendant

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STIPULATED JOINT REQUEST AND ORDER TO MODIFY STATUS
(PRETRIAL SCHEDULING) ORDER - Case No. 2:15-cv-00060-KJM-AC

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ORDER

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Good cause appearing, the court GRANTS the parties’ request to modify the Status

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(Pretrial Scheduling) Order (ECF No. 33). To allow sufficient time for the resolution of any

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dispositive motions, the court further modifies the remaining dates and deadlines. Accordingly,

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the case schedule IS MODIFIED as follows:

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

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to permit the taking of Dr. Sheree Audet’s deposition;


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The deadline to complete fact discovery is EXTENDED to August 15, 2016, solely

The deadline for dispositive motions to be heard is EXTENDED to September 23,
2016;

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The Final Pretrial Conference is RESET for January 13, 2017 at 10:00 a.m. in

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Courtroom 3 (KJM) before Judge Kimberly J. Mueller, with a joint pretrial

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conference statement due by December 22, 2016;

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

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The jury trial is RESET for February 13, 2017 at 9:00 a.m. in Courtroom 3 (KJM)
before Judge Kimberly J. Mueller, with trial briefs due by January 30, 2017.



All other previously set deadlines, such as the deadlines for expert discovery,
remain in place.

IT IS SO ORDERED.
DATED: May 19, 2016

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UNITED STATES DISTRICT JUDGE
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Siegel
LeWitter
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Malkani
1939 Harrison St.
Suite 307
Oakland, CA 94612
510-452-5000
510-452-5004 (fax)

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STIPULATED JOINT REQUEST AND ORDER TO MODIFY STATUS
(PRETRIAL SCHEDULING) ORDER - Case No. 2:15-cv-00060-KJM-AC