Hugunin et al v. Rocklin Unified School District et al

Filing 147

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr. on 11/08/17 ORDERING that the following dates are reset: Expert Disclosures deadline: 02/01/18; Expert Rebuttal Reports due: 03/05/18; Close of Expert Discovery: 04/16/18; Last day to file dispositive motions is 05/07/18; Last day to file replies to oppositions is 06/25/18; Last day to hear dispositive motions is 07/02/18. (Benson, A.)

1
2
3
4
5
6
7
8

Carol A. Wieckowski, Esq. (SBN 95586)
Cathleen J. Fralick, Esq. (SBN 146378)
EVANS, WIECKOWSKI, WARD &
SCOFFIELD, LLP
745 University Avenue
Sacramento, CA 95825
Telephone: [phone]
Attorneys for Defendants
Rocklin Unified School District,
Charles Thibideau, Betty Jo Wessinger,
Janna Cambra, Kevin Brown, Roger Stock
And Dr. Todd Cutler
Public Entity-Employees– Filing Fees Waived

9
10
11
12
13

Mark O’Dea/Natasha Langenfeld
Longyear, O’Dea & Lavra, LLP
3620 American River Drive, Suite 230
Sacramento CA 95864
T: 974-8500 ext. 111 F: 974-8510
Attorneys for Defendant Sherry McDaniel

Peter W. Alfert (SBN 83139)
LAW OFFICES OF PETER ALFERT, APC
200 Pringle Ave, Suite 450
Walnut Creek, CA 94596
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs
Todd Boley (SBN 68119)
Zoya Yarnykh (SBN 258062)
LAW OFFICES OF TODD BOLEY
2381 Mariner Square Dr., Ste. 280
Alameda, CA 94501
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs

14

UNITED STATES DISTRICT COURT

15

EASTERN DISTRICT OF CALIFORNIA – SACRAMENTO DIVISION

16

JENNIFER HUGUNIN, PATRICK
) CASE 2:15-cv-00939-MCE-DAD
HUGUNIN, D.H., a minor by and through
)
his guardian ad litem JENNIFER HUGUNIN; ) Stipulation and Order Re: Revising
KEITH CALDWELL, NICOLE HILL,
) Pretrial Scheduling Order
X.C. a minor by and through his guardian ad )
litem KEITH CALDWELL; TRISHIA PITTS, )
CARL PITTS, N.P., a minor by and through )
his guardian ad litem TRISHIA PITTS;
)
TODD VROOMAN, LAURA VROOMAN, )
S.V., a minor by and through his guardian
)
ad litem TODD VROOMAN; RICHARD
)
ROGERS, TERRILL ROGERS, P.R., a minor )
by and through his guardian ad litem
)
RICHARD ROGERS; MICHELLE
)
MANCOUR and G.I., a minor by and
)
through his guardian ad litem MICHELLE
)
MANCOUR; AYRELLA OSBY, B.E., a
)
minor by and through his guardian ad litem
)
AYRELLA OSBY; MELISSA GUIDERA,
)
T.G., a minor by and through his guardian
)
ad litem MELISSA GUIDERA; DANYELLE )

17
18
19
20
21
22
23
24
25
26
27
28

Stipulation and Order –1

1
2
3
4
5
6
7
8
9
10
11

ELLIS; GREGORY TODD ELLIS, AND
A.E., a minor by and through his guardians
ad litem DANYELLE ELLIS and GREGORY
TODD ELLIS, Plaintiffs,

)
)
)
)
)
vs.
)
)
ROCKLIN UNIFIED SCHOOL DISTRICT, )
SHERRY MCDANIEL, CHARLES
)
THIBIDEAU, BETTY JO WESSINGER,
)
JANNA CAMBRA, KEVIN BROWN,
)
ROGER STOCK, DR. TODD CUTLER,
)
and Does 1-30, Inclusively, Defendants.
)
)
This Stipulation is entered into by and between Plaintiffs AYRELLA OSBY, B.E., a
minor by and through his guardian ad litem AYRELLA OSBY; MELISSA GUIDERA, T.G., a

12
13

minor by and through his guardian ad litem MELISSA GUIDERA; DANYELLE ELLIS;

14

GREGORY TODD ELLIS, AND A.E., a minor by and through his guardians ad litem

15

DANYELLE ELLIS and GREGORY TODD ELLIS by and through their counsel Peter W.

16
17
18
19

Alfert of the Law Offices of Peter Alfert, APC and Todd Boley and Zoya Yarnykh of the Law
Offices Of Todd Boley and Defendants ROCKLIN UNIFIED SCHOOL DISTRICT, CHARLES
THIBIDEAU, BETTY JO WESSINGER, JANNA CAMBRA, KEVIN BROWN, ROGER

20

STOCK, DR. TODD CUTLER by and through their counsel Carol A. Wieckowski of Evans

21

Wieckowski Ward & Scoffield, LLP and Defendant SHERRY MCDANIEL by and through her

22

counsel Greg O’Dea and Mark O’Dea of Longyear, O’Dea & Lavra, LLP.

23
24
25

The parties to this action hereby stipulate, by and through their respective undersigned
counsel of record, as follows:

26

WHEREAS, the claims of the original Plaintiff parties Hugunin, Caldwell, Pitts,

27

Vrooman, Rogers and Mancour have settled and this case proceeds forward on the claims of the

28

“new” party Plaintiffs AYRELLA OSBY, B.E., a minor by and through his guardian ad litem
Stipulation and Order –2

1
2

AYRELLA OSBY; MELISSA GUIDERA, T.G., a minor by and through his guardian ad litem
MELISSA GUIDERA; DANYELLE ELLIS; GREGORY TODD ELLIS, AND A.E., a minor by

3
4

and through his guardians ad litem DANYELLE ELLIS and GREGORY TODD ELLIS pursuant

5

to the First Amended Complaint filed February 13, 2017, modified on February 14, 2017 (Doc

6

108).

7
8

WHEREAS, the Pretrial Scheduling Order (Doc 40) was previously modified on June 30,
2016 (Doc 91), modified again on January 6, 2017 (Doc 105) and lastly on July 10, 2017,

9
10

pursuant to Defendants’ Motion (Doc 125) that all discovery with the exception of expert

11

discovery, shall be completed by September 8, 2017, all counsel are to designate in writing, file

12

with the court and served upon all other parties the name, address and area of expertise of each

13

expert that they propose to tender at trial by November 30, 2017, and that all other dates in the

14

Pretrial Status Order remain unchanged (Docket 133). There is no trial date.

15
16

WHEREAS, the parties have initiated settlement discussions and wish to proceed to

17

formal mediation on December 18, 2017. The current Expert Disclosure deadline is November

18

30, 2017. The parties, in light of the ongoing settlement discussions and mediation hearing,

19
20
21
22
23
24
25

stipulate to continue to the Expert Disclosure deadline accordingly, 45 days after mediation on
February 1, 2018, should the case not resolve in its entirety.
WHEREAS, the PTSO did not address expert rebuttal reports which the parties stipulate
to be due 30 days after expert disclosure on March 5, 2018.
WHEREAS, the parties stipulate that the close of expert discovery be six weeks after the
disclosure of expert rebuttal reports on April 16, 2018, to complete expert discovery including

26
27
28

depositions.
WHEREAS, the current last day to hear dispositive motions is February 28, 2018 (Doc

Stipulation and Order –3

1
2

123), the parties, in light of the pending settlement discussions and continuance of expert
disclosures and discovery, stipulate to continue the last day to hear dispositive motions to 11

3
4
5

weeks after the close of expert discovery on July 2, 2018, motions to be filed no later than May
7, 2018, oppositions are due June 18, 2018 and Defendants’ replies are due June 25, 2018.
The parties therefore respectfully request that the court enter a revised pretrial scheduling

6
7

order reflecting those dates.

8

IT IS SO STIPULATED:

9
10

Dated: November 7, 2017

Law Offices of Todd Boley

11

By:

12
13

Dated: November 7, 2017

/s/ Todd Boley
Todd Boley, Attorney for Plaintiffs

Law Offices of Peter Alfert

14
15

By:

16
17

Dated: November 7, 2017

/s/ Peter W. Alfert
Peter W. Alfert, Attorney for Plaintiffs

Evans Wieckowski Ward & Scoffield, LLP

18

By:

19
20
21
22

Dated: November 7, 2017

/s/ Carol A. Wieckowski
Carol A. Wieckowski, Attorney for Defendants
Rocklin Unified School District, Charles
Thibideau, Betty Jo Wessinger, Janna Cambra,
Kevin Brown, Roger Stock and Dr. Todd Cutler

Longyear, O’Dea & Lavra, LLP

23

By:

24
25
26

///

27

///

28

/s/ Mark O’Dea
Mark O’Dea, Attorney for
Defendant Sherry McDaniel

///

Stipulation and Order –4

1
2

ORDER
Pursuant to the stipulation of the parties, and good cause appearing, it is hereby ordered

3
4

as follows:

5

Expert Disclosures deadline is continued to February 1, 2018.

6

Expert Rebuttal Reports are due March 5, 2018.

7

Close of Expert Discovery is April 16, 2018.

8

Last day to file dispositive motions is May 7, 2018.

9
10

Last day to file replies to oppositions is June 25, 2018.

11

Last day to hear dispositive motions is July 2, 2018.

12

IT IS SO ORDERED.

13

Dated: November 8, 2017

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Stipulation and Order –5