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.)

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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: (916)923-1600 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: (925) 279-3009 Facsimile: (925) 279-3342 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: (510) 836-4500 Facsimile: (510) 649-5170 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

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