Bratset v. Davis Joint Unified School District et al

Filing 83

STATUS (PRETRIAL SCHEDULING) ORDER signed by Magistrate Judge Deborah Barnes on 3/30/18 ORDERING that a copy of the administrative record shall be lodged with the court on or before 5/25/2018; Any Motion seeking to supplement the record or conduct discovery must be heard on or before 8/3/18. Each party shall file a Motion for Summary Judgment on or before 10/5/2018; Any oppositions shall be filed on or before 10/26/2018; Any reply shall be filed on or before 11/2/2018. And the parties' Motions for Summary Judgment shall be heard on Friday, 11/9/18, at 10:00 a.m. at the United States District Court, 501 I Street, Sacramento, California, in Courtroom No. 27 before Magistrate Judge Deborah Barnes. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LAURA BRATSET, et al.,

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Plaintiffs,

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No. 2:16-cv-0035 KJM DB PS

v.

ORDER

DAVIS JOINT UNIFIED SCHOOL
DISTRICT, et al.,

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Defendants.

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STATUS (PRETRIAL SCHEDULING) ORDER

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READ THIS ORDER CAREFULLY. IT CONTAINS IMPORTANT DATES WHICH

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THE COURT WILL STRICTLY ENFORCE AND WITH WHICH ALL COUNSEL AND

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PARTIES MUST COMPLY. A FAILURE TO COMPLY WITH THE TERMS OF THIS

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ORDER MAY RESULT IN THE IMPOSITION OF MONETARY AND ALL OTHER

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SANCTIONS WITHIN THE POWER OF THE COURT, INCLUDING DISMISSAL OR AN

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ORDER OF JUDGMENT.
Pursuant to court order, a Status (Pretrial Scheduling) Conference was held in this action

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on March 30, 2018, at 10:00 a.m. before the undersigned.1 Plaintiff Laura Bratset appeared on
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Plaintiff is proceeding in this action pro se. This matter was, therefore, referred to the
undersigned in accordance with Local Rule 302(c)(21) and 28 U.S.C. § 636(b)(1).
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her own behalf. Attorney David Mishook appeared on behalf of defendant Winters Joint Unified

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School District.

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After hearing, the court makes the following findings and orders:

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SERVICE OF PROCESS

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Service of process has been completed. No further service is permitted except with leave

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of court, good cause having been shown.

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JOINDER OF PARTIES/AMENDMENTS

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No further joinder of parties or amendment to pleadings is permitted except with leave of

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court, good cause having been shown. See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604,
609-10 (9th Cir. 1992).

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JURISDICTION/VENUE

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The court has jurisdiction over this action pursuant to 20 U.S.C. § 1415(i)(3). Defendant

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does not dispute either jurisdiction or venue and both appear to be proper.

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SCHEDULE

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This action is proceeding on plaintiff’s claim under the Individuals with Disabilities

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Education Act (“IDEA”), 20 U.S.C. § 1400 et seq. Pursuant to the IDEA the court “(i) shall

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receive the records of the administrative proceedings; (ii) shall hear additional evidence at the

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request of a party; and (iii) basing its decision on the preponderance of the evidence, shall grant

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such relief as the court determines is appropriate.” 20 U.S.C. § 1415(i)(2)(C).

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Accordingly, on or before May 25, 2018, defendant shall lodge a copy of the

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administrative record, provide chambers with an electronic copy of the record, and serve a copy

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of the record on plaintiff. Any motion seeking to supplement the record or conduct discovery

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must be heard before the undersigned on or before August 3, 2018. The parties are cautioned to

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refer to the local rules, specifically Local Rule 230, regarding the requirements for noticing such

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motions on the court’s regularly scheduled law and motion calendar.

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Each party shall file a motion for summary judgment on or before October 5, 2018. Any

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opposition shall be filed on or before October 26, 2018, and any reply shall be filed on or before

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November 2, 2018. The parties’ motions for summary judgment shall be heard on Friday,
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November 9, 2018, at 10:00 a.m. at the United States District Court, 501 I Street, Sacramento,

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California, in Courtroom No. 27 before the undersigned.

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MISCELLANEOUS PROVISIONS

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There appear to be no other matters presently pending before the court that will aid the

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just and expeditious disposition of this matter.

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Pursuant to Fed. R. Civ. P. 16(b), THE COURT SUMMARIZES THE SCHEDULING
ORDER AS FOLLOWS:

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1. A copy of the administrative record shall be lodged with the court on or before
May 25, 2018;

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2. Any motion seeking to supplement the record or conduct discovery must be
heard before the undersigned on or before August 3, 2018;

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3. Each party shall file a motion for summary judgment on or before October 5,
2018;

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4. Any opposition shall be filed on or before October 26, 2018;

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5. Any reply shall be filed on or before November 2, 2018; and

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6. The parties’ motions for summary judgment shall be heard on Friday,

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November 9, 2018, at 10:00 a.m. at the United States District Court, 501 I Street, Sacramento,

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California, in Courtroom No. 27 before the undersigned.

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Dated: March 30, 2018

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DLB:6
DB/orders/orders.pro se/bratset0035.sched.ord

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