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

Filing 40

STIPULATION and ORDER signed by District Judge John A. Mendez on 5/3/21 ORDERING that all Dispositive Motions shall be filed by 11/30/21. Hearing on such motions shall be on 1/11/22 at 1:30 PM. Discovery shall be completed by 10/15/21. Disclosure of Expert Witnesses due by 8/13/21. Supplemental disclosure and disclosure of any rebuttal expert due by 9/14/21. Final Pretrial Conference is RESET for 3/4/22 at 10:00 AM and the Jury Trial is RESET for 4/25/22 at 09:00 AM in Courtroom 6 (JAM) before District Judge John A. Mendez. (Kastilahn, A)

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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

ROB BONTA
Attorney General of California
HEATHER B. HOESTEREY
Supervising Deputy Attorney General
CHAD A. STEGEMAN (SBN 225745)
P. PATTY LI (SBN 266937)
Deputy Attorneys General
455 Golden Gate Avenue, Suite 11000
San Francisco, CA 94102-7004
Telephone: [phone]
[e-mail]
Attorneys for Defendants

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]
Attorneys for Plaintiffs

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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.,

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Plaintiffs,

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

v.

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KIMBERLY KIRCHMEYER, et al.,

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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 Deborah Cochrane,1 in her official capacity as Chief of the Bureau for

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

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Deborah Cochrane succeeds former Chief of the Bureau for Private Postsecondary Education Michael Marion. Fed.
R. Civ. P. 25(d) (an “officer’s successor is automatically substituted as a party”).

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2:17-cv-02217-JAM-GGH

STIPULATION AND ORDER TO EXTEND SCHEDULING ORDER DEADLINES

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by and through their respective counsel, hereby stipulate and agree as follows:
WHEREAS, on August 27, 2020, the Court entered a Pre-trial Scheduling Order in this
matter (ECF No. 33, “Scheduling Order”);
WHEREAS, on March 3, 2021, the Court entered an order amending that Pre-trial
Scheduling Order (ECF No. 35, “Amended Scheduling Order”);

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WHEREAS, under the Amended Scheduling Order, the Parties are to disclose expert

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witnesses by June 18, 2021; disclose rebuttal expert witnesses by July 20, 2021; conclude all

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discovery by August 20, 2021; and file dispositive motions by October 5, 2021;

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WHEREAS, on April 28, 2021, Plaintiffs filed a Motion to Drop Plaintiff Esteban Narez

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under Federal Rule of Civil Procedure 21 (“Rule 21 Motion”), which is noticed for a hearing on

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June 8, 2021, and Defendants intend to oppose the Rule 21 Motion;

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WHEREAS, Defendants seek to take the deposition of plaintiff Esteban Narez and on

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April 28, 2021, Plaintiffs filed a Motion for Protective Order Against Party Discovery to

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Withdrawing Plaintiff Esteban Narez, which is noticed for a hearing on June 9, 2021;

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WHEREAS, the Parties agree that resolution of Plaintiffs’ Rule 21 Motion and Motion for

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Protective Order could impact discovery, including the nature and timing of written discovery,

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depositions, third-party discovery, and expert disclosures;

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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 8 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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With the Court’s approval, the Amended Scheduling Order (ECF No. 35) shall be

further amended as set forth below.
2.

MOTION HEARINGS SCHEDULES: All dispositive motions shall be filed by

November 30, 2021. Hearing on such motions shall be set by the Court.

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3.

DISCOVERY: All discovery shall be completed by October 15, 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 August 13, 2021. Supplemental disclosure and
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2:17-cv-02217-JAM-GGH

STIPULATION AND ORDER TO EXTEND SCHEDULING ORDER DEADLINES

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

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14, 2021.

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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: April 30, 2021

INSTITUTE FOR JUSTICE

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/s/ Keith Diggs
KEITH DIGGS
Attorney for Plaintiffs

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Dated: April 30, 2021

ROB BONTA
Attorney General of California
HEATHER B. HOESTEREY
Supervising Deputy Attorney General
CHAD A. STEGEMAN
Deputy Attorney General

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

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2:17-cv-02217-JAM-GGH

STIPULATION AND ORDER TO EXTEND SCHEDULING ORDER DEADLINES

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ORDER
HAVING CONSIDERED THE STIPULATION OF THE PARTIES, AND GOOD

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CAUSE APPEARING, IT IS ORDERED THAT THE AMENDED SCHEDULING ORDER

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(ECF NO. 35) IS FURTHER AMENDED AS FOLLOWS:

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1.

MOTION HEARINGS SCHEDULES: All dispositive motions shall be filed by

November 30, 2021. Hearing on such motions shall be on January 11, 2022 at 1:30 PM.

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2.

DISCOVERY: All discovery shall be completed by October 15, 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 August 13, 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 September

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14, 2021.

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4.

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

4, 2022 at 10:00 AM.
5.

TRIAL SETTING: Jury trial in this matter is set for April 25, 2022 at 9:00 AM.

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IT IS SO ORDERED.

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DATED: May 3, 2021

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

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2:17-cv-02217-JAM-GGH

STIPULATION AND ORDER TO EXTEND SCHEDULING ORDER DEADLINES