Brown v. Elk Grove Unified School District

Filing 32

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 2/12/19 AMENDING the Scheduling Order as follows: Non-Expert Discovery due by 3/8/19. Designation of Expert Witnesses due by 4/15/19. Supplemental Expert Disclosures due by 5/15/19. Expert Discovery Cutoff: 6/20/19. Dispositive Motions filed by 9/6/19 at 10:00 a.m. (Coll, A)

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Jay T. Jambeck (SBN # 226018)
[e-mail]
Mandy G. Leigh (SBN # 225748)
[e-mail]
Damien B. Troutman (SBN # 286616)
[e-mail]
LEIGH LAW GROUP, P.C.
870 Market St., Suite 1157
San Francisco, CA 94102
Office: [phone]
Fax: [phone]
Attorneys for Plaintiff
ISAIAH BROWN
SPINELLI, DONALD & NOTT
A Professional Corporation
Domenic D. Spinelli (SBN: 131192)
Evan M. McLean (SBN: 309756)
815 S Street, Second Floor
Sacramento, CA 95811
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
ELK GROVE UNIFIED SCHOOL DISTRICT

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IN THE UNITIED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ISAIAH BROWN,

Case No.: 2:17-cv-00396-KJM-DB

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Plaintiff,
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v.

ELK GROVE UNIFIED SCHOOL
DISTRICT,

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STIPULATION AND ORDER TO EXTEND
PRETRIAL DEADLINES

Defendant.

Notice of Removal: February 23, 2017
FAC Filed: April 14, 2017
Trial Date: Not yet set

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STIPULATION & ORDER

(Case No. 2:17-CV-00396-KJM-DB)

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TO THE COURT AND ALL PARTIES AND THEIR COUNSEL OF RECORD:
Pursuant to Fed. R. Civ. P. 16 and this Court’s Local Rules 143-44, Plaintiff ISAIAH

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BROWN (“Plaintiff”) and Defendant ELK GROVE UNIFIED SCHOOL DISTRICT

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(“Defendant” or “EGUSD”), by and through their counsel of record, hereby agree and stipulate

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as follows:

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1.

On December 11, 2018, pursuant to stipulation, the Court extended the parties’ non-

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expert discovery deadline to January 21, 2019; the expert disclosures deadline to March 1, 2019;
the supplemental expert disclosures deadline to April 1, 2019; and the expert discovery cutoff to

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May 5, 2019. (Dkt. # 30). Additionally, per the Court’s initial scheduling order, the deadline to

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hear all dispositive motions is July 12, 2019. (Dkt. # 24, 3:23-24).

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2.

Prior to the revised non-expert discovery deadline, Plaintiff’s undersigned counsel

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requested to take the depositions of two EGUSD coaches, Jesse Foremaker and Patrick Roth,
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who Plaintiff alleges were decision-makers in the discriminatory decisions to deny him spots on
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the Varsity basketball teams at Franklin High School and Cosumnes Oaks High School. (See

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e.g., Dkt. # 7, ¶¶ 9, 14). However, neither the witnesses nor Defendant’s counsel were available

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before the revised discovery deadline. After meeting and conferring, the parties agreed that

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Plaintiff will take both depositions on March 8, 2019.

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3.

Accordingly, the parties stipulate and request amendment of the above-mentioned

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deadlines to the following dates:
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a.
b.
c.
d.
e.

Non-expert discovery cutoff: March 8, 2019
Expert disclosures: April 15, 2019
Supplemental expert disclosures: May 15, 2019
Expert discovery cutoff: June 20, 2019
Deadline to hear dispositive motions: August 30, 2019 (or as soon thereafter as
the parties may be heard)

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2
STIPULATION & ORDER

(Case No. 2:17-CV-00396-KJM-DB)

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4.

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v. Crown Equipment Corporation, 2011 WL 6303408, at *2 (N.D. Cal. Dec. 16, 2011) (citing

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Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992); see also Hood v.

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Hartford Life & Accident Ins. Co., 567 F.Supp.2d 1221, 1224 (E.D. Cal. 2008) (providing that

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The parties agree that “good cause” exists for these requested amendments. See Schaffner

good cause is established by showing (1) diligence in assisting the creation of a workable Rule

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16 order; (2) noncompliance with a Rule 16 deadline occurred or will occur, notwithstanding the
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parties’ diligence to comply, because of the development of matters which could not have been
reasonably foreseen or anticipated at the time of the Rule 16 scheduling conference; and

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(3) diligence in seeking amendment of the Rule 16 order, once it became apparent that the parties

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could not comply with the order).

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5.

The parties discern no prejudice to themselves or the Court, which will not set a trial date

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until after the Final Pretrial Conference following any dispositive motions. (Dkt. # 24, 5:17-21).
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Though the parties have once previously requested to amend the Court’s initial scheduling order,
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they herein request one additional set of extensions to finalize discovery and prepare this case for
pretrial resolution, e.g., alternative dispute resolution or summary judgment.
ACCORDINGLY, THE PARTIES STIPULATE AND RESPECTFULLY REQUEST

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AMENDMENT OF THE SCHEDULING ORDER AS FOLLOWS:

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a.
b.
c.
d.
e.

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Non-expert discovery cutoff: March 8, 2019
Expert disclosures: April 15, 2019
Supplemental expert disclosures: May 15, 2019
Expert discovery cutoff: June 20, 2019
Deadline to hear dispositive motions: August 30, 2019 (or as soon thereafter as
the parties may be heard)

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IT IS SO STIPULATED THROUGH COUNSEL:
///

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///
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STIPULATION & ORDER

(Case No. 2:17-CV-00396-KJM-DB)

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///
Date: February 7, 2018

LEIGH LAW GROUP, P.C.
/s/ Damien B. Troutman
DAMIEN B. TROUTMAN
Attorney for Plaintiff
ISAIAH BROWN

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Date: February 7, 2018

SPINELLI, DONALD & NOTT

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/s/ Evan M. McLean
DOMENIC D. SPINELLI
EVAN M. MCLEAN
Attorney for Defendant
ELK GROVE UNIFIED SCHOOL
DISTRICT

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ORDER

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THE SCHEDULING ORDER IS AMENDED AS FOLLOWS:
A.
B.
C.
D.
E.

Non-expert discovery cutoff: March 8, 2019
Expert disclosures: April 15, 2019
Supplemental expert disclosures: May 15, 2019
Expert discovery cutoff: June 20, 2019
Deadline to hear dispositive motions: September 6, 2019 at 10:00 a.m.

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DATED: February 12, 2019.

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UNITED STATES DISTRICT JUDGE

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STIPULATION & ORDER

(Case No. 2:17-CV-00396-KJM-DB)