Pacific Coast Horseshoeing School, Inc. et al v. Grafilo, et al

Filing 35

ORDER signed by District Judge John A. Mendez on 3/3/2021 ORDERING Dispositive Motions filed by 10/5/2021, Hearing on such motions shall be on 11/16/2021 at 1:30 PM. Discovery due by 8/20/2021. Disclosure of Expert Witnesses due by 6/18/2021, Supplem ental disclosure and disclosure of any rebuttal expert by 7/20/2021. Final Pretrial Conference Reset for 1/7/2022 at 11:00 AM in Courtroom 6 (JAM) before District Judge John A. Mendez, and Jury Trial Reset for 2/14/2022 at 09:00 AM in Courtroom 6 (JAM) before District Judge John A. Mendez.(Reader, L)

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INSTITUTE FOR JUSTICE
KEITH E. DIGGS*
PAUL V. AVELAR*
398 S. Mill Ave. #301
Tempe, AZ 85281
Telephone: [phone]
[e-mail]
[e-mail]
*Admitted pro hac vice

XAVIER BECERRA
Attorney General of California
HEATHER B. HOESTEREY
Supervising Deputy Attorney General
P. PATTY LI (SBN 266937)
Deputy Attorney General
455 Golden Gate Avenue, Suite 11000
San Francisco, CA 94102-7004
Telephone: [phone]
[e-mail]

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BENBROOK LAW GROUP, P.C.
BRADLEY A. BENBROOK (SBN 177786)
STEPHEN M. DUVERNAY (SBN 250957)
400 Capitol Mall, Suite 1610
Telephone: [phone]
[e-mail]
[e-mail]

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Attorneys for Plaintiffs

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Attorneys for Defendants

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PACIFIC COAST HORSESHOEING
SCHOOL, INC., et al.,
Plaintiffs,

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No. 2:17–CV–02217–JAM–GGH
STIPULATION AND ORDER TO EXTEND
SCHEDULING ORDER DEADLINES

v.
KIMBERLY KIRCHMEYER, et al.,

Judge: Hon. John A. Mendez
Action Remanded: July 2, 2020

Defendants.

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Plaintiffs Pacific Coast Horseshoeing School, Inc., Bob Smith, and Esteban Narez

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(“Plaintiffs”), and Defendants Kimberly Kirchmeyer, in her official capacity as Director of

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Consumer Affairs; and Michael Marion, in his official capacity as Chief of the Bureau for Private

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and Postsecondary Education (“Defendants,” and collectively with Plaintiffs, the “Parties”), by

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and through their respective counsel, hereby stipulate and agree as follows:

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STIPULATION AND ORDER TO EXTEND SCHEDULING ORDER DEADLINES (2:17-CV-02217-JAM-GGH)

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WHEREAS, on August 27, 2020, the Court entered a Pre-trial Scheduling Order in this
matter (ECF No. 33, “Scheduling Order”);

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WHEREAS, under the Scheduling Order, the Parties are to disclose expert witnesses by

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March 21, 2021; disclose rebuttal expert witnesses by April 9, 2021; conclude all discovery by

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May 28, 2021; and file dispositive motions by July 13, 2021;

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WHEREAS, the Parties have engaged in written discovery, but continue to meet and

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confer regarding the sufficiency of responses to written discovery and additional areas of

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discovery, including additional discovery necessary for the Parties to engage expert witness(es)

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and evaluate their respective claims, defenses, and positions;

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WHEREAS, the Parties agree that it would be premature to make expert disclosures or file

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pretrial motions while the Parties continue to engage in good faith in the meet and confer

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described above;

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WHEREAS, despite their diligent efforts, disruptions caused by the COVID-19 pandemic

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have made it more difficult for the Parties to comply with discovery obligations and conduct

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discovery; and

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WHEREAS, the Parties agree that an extension to the discovery schedule in this matter is

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warranted, and that an extension of all deadlines by 12 weeks would not prejudice any of the

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Parties;

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THEREFORE, in consideration of the foregoing, it is hereby stipulated that:

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1.

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set forth below.

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2.

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With the Court’s approval, the Scheduling Order (ECF No. 33) shall be amended as

MOTION HEARINGS SCHEDULES: All dispositive motions shall be filed by

October 5, 2021. Hearing on such motions shall be set by the Court.

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3.

DISCOVERY: All discovery shall be completed by August 20, 2021.

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4.

DISCLOSURE OF EXPERT WITNESSES: The parties shall make expert witness

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disclosures under Fed. R. Civ. P. 26(a)(2) by June 18, 2021. Supplemental disclosure and

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disclosure of any rebuttal experts under Fed. R. Civ. P. 26(a)(2)(c) shall be made by July 20,

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2021.
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STIPULATION AND ORDER TO EXTEND SCHEDULING ORDER DEADLINES (2:17-CV-02217-JAM-GGH)

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5.

FINAL PRE-TRIAL CONFERENCE and TRIAL SETTING: New dates for the final

pre-trial conference and jury trial in this matter shall be set by the Court.

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Respectfully submitted,

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Dated: March 3, 2021

INSTITUTE FOR JUSTICE

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/s/ Keith Diggs
KEITH DIGGS
Attorney for Plaintiffs

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Dated: March 3, 2021

XAVIER BECERRA
Attorney General of California
HEATHER B. HOESTEREY
Supervising Deputy Attorney General

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/s/ P. Patty Li
P. PATTY LI
Deputy Attorney General
Attorneys for Defendants

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STIPULATION AND ORDER TO EXTEND SCHEDULING ORDER DEADLINES (2:17-CV-02217-JAM-GGH)

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ORDER

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HAVING CONSIDERED THE STIPULATION OF THE PARTIES, AND GOOD

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CAUSE APPEARING, IT IS ORDERED THAT THE SCHEDULING ORDER (ECF NO. 33) IS

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AMENDED AS FOLLOWS:

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1.

MOTION HEARINGS SCHEDULES: All dispositive motions shall be filed by

October 5, 2021. Hearing on such motions shall be on November 16, 2021 at 1:30 PM.

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2.

DISCOVERY: All discovery shall be completed by August 20, 2021.

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3.

DISCLOSURE OF EXPERT WITNESSES: The parties shall make expert witness

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disclosures under Fed. R. Civ. P. 26(a)(2) by June 18, 2021. Supplemental disclosure and

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disclosure of any rebuttal experts under Fed. R. Civ. P. 26(a)(2)(c) shall be made by July 20,

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2021.

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4.

FINAL PRE-TRIAL CONFERENCE: The final pre-trial conference is set for

January 7, 2022 at 11:00 AM.
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TRIAL SETTING: Jury trial in this matter is set for February 14, 2022 at 9:00 AM.

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IT IS SO ORDERED.

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DATED: March 3, 2021

/s/ John A. Mendez
THE HONORABLE JOHN A. MENDEZ
UNITED STATES DISTRICT COURT JUDGE

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STIPULATION AND ORDER TO EXTEND SCHEDULING ORDER DEADLINES (2:17-CV-02217-JAM-GGH)