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

Filing 53

ORDER signed by District Judge John A. Mendez on 7/23/2021 ORDERING Dispositive Motions filed by 3/30/2022, Hearing on such motions shall be on 5/17/2022 at 1:30 PM. Discovery due by 2/11/2022. Disclosure of Expert Witnesses due by 12/10/2021. Suppl emental disclosure and disclosure of any rebuttal by 1/12/2022. Final Pretrial Conference Reset for 6/24/2022 at 10:00 AM in Courtroom 6 (JAM) before District Judge John A. Mendez, and Jury Trial Reset for 8/8/2022 at 09:00 AM in Courtroom 6 (JAM) before District Judge John A. Mendez.(Reader, L)

Case 2:17-cv-02217-JAM-GGH Document 53 Filed 07/26/21 Page 1 of 4
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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]

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

INSTITUTE FOR JUSTICE
Samuel B. Gedge*
901 N. Glebe Road, Suite 900
Arlington, VA 22203
Telephone: [phone]
[e-mail]
*Admitted pro hac vice
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

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,
v.
KIMBERLY KIRCHMEYER, et al.,

No. 2:17–CV–02217–JAM–GGH
STIPULATION AND ORDER TO EXTEND
SCHEDULING ORDER DEADLINES
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
(“Plaintiffs”), and Defendants Kimberly Kirchmeyer, in her official capacity as Director of

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2:17-cv-02217-JAM-GGH

STIPULATION AND ORDER TO EXTEND SCHEDULING ORDER DEADLINES

Case 2:17-cv-02217-JAM-GGH Document 53 Filed 07/26/21 Page 2 of 4
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Consumer Affairs; and Deborah Cochrane, 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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by and through their respective counsel, hereby stipulate and agree as follows:

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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”);
WHEREAS, on March 3, 2021, per a stipulation by the Parties, the Court entered an order
amending that Scheduling Order (ECF No. 35);
WHEREAS, on May 4, 2021, per a stipulation by the Parties, the Court entered an order
further amending the Scheduling Order (ECF No. 40);
WHEREAS, under the currently operative case schedule, the Parties are to disclose expert

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witnesses by August 13, 2021; disclose rebuttal expert witnesses by September 14, 2021;

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conclude all discovery by October 15, 2021; and file dispositive motions by November 30, 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”), as well as a Motion for Protective

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Order Against Party Discovery (“Protective Order Motion”);

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WHEREAS, the Court partially granted and partially denied the Protective Order Motion

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on June 22, 2021 (ECF No. 48), and denied the Rule 21 Motion on June 29, 2021 (ECF No. 49);

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WHEREAS, on July 12, 2021, Plaintiffs’ counsel filed a motion to withdraw as counsel

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for Plaintiff Esteban Narez (“Motion to Withdraw,” ECF No. 51), which motion is set for a

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hearing on September 28, 2021;

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WHEREAS, per the Court’s order (ECF No. 48) on the Protective Order Motion,
Defendants have re-noticed the deposition of plaintiff Esteban Narez for July 28, 2021;

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WHEREAS, given the need to resolve the Motion to Withdraw, the possibility of motion

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practice regarding the discovery obligations of Plaintiff Esteban Narez, and the potential changes

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to the operative pleading that might result, the Parties agree that an extension to the case schedule

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of roughly 120 days is warranted and that such an extension 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:
2:17-cv-02217-JAM-GGH
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STIPULATION AND ORDER TO EXTEND SCHEDULING ORDER DEADLINES

Case 2:17-cv-02217-JAM-GGH Document 53 Filed 07/26/21 Page 3 of 4
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shall be amended as set forth below.

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With the Court’s approval, the previously established case schedule (ECF No. 40)

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MOTION HEARINGS SCHEDULES: All dispositive motions shall be filed by

March 30, 2022. Hearing on such motions shall be set by the Court.

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3.

DISCOVERY: All discovery shall be completed by February 11, 2022.

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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 December 10, 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 January 12,

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2022.

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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: July 23, 2021

INSTITUTE FOR JUSTICE

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/s/ Samuel B. Gedge
Samuel B. Gedge
Attorney for Plaintiffs

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Dated: July 23, 2021

ROB BONTA
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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2:17-cv-02217-JAM-GGH

STIPULATION AND ORDER TO EXTEND SCHEDULING ORDER DEADLINES

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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 PREVIOUSLY ISSUED SCHEDULING

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ORDER (ECF NO. 40) IS FURTHER AMENDED AS FOLLOWS:

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1.

MOTION HEARINGS SCHEDULES: All dispositive motions shall be filed by

March 30, 2022. Hearing on such motions shall be on May 17, 2022 at 1:30 PM.

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2.

DISCOVERY: All discovery shall be completed by February 11, 2022.

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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 December 10, 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 January 12,

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2022.

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4.

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

24, 2022 at 10:00 AM.
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TRIAL SETTING: Jury trial in this matter is set for August 8, 2022 at 9:00 AM.

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IT IS SO ORDERED.

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Dated: July 23, 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