Crone v. Tracy Unified School District et al

Filing 9

STIPULATION and ORDER for Extension of Time to Respond to First Amended Complaint signed by District Judge John A. Mendez on 10/9/2020. (Tupolo, A)

1
2
3
4
5

KELLIE M. MURPHY, ESQ. (SBN 189500)
KRISTEN CAPRINO, ESQ. (SBN 306815)
[e-mail]/[e-mail]
JOHNSON SCHACHTER & LEWIS
A Professional Law Corporation
Harvard Square
2180 Harvard Street, Suite 560
Sacramento, CA 95815
Telephone: [phone]
Facsimile: [phone]

6
7

Attorneys for DEFENDANTS:
TRACY UNIFIED SCHOOL DISTRICT & BRIAN STEPHENS
UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

TELEPHONE: [phone] / FACSIMILE: [phone]

A PROFESSIONAL LAW CORPORATION

10
2180 HARVARD STREET, SUITE 560
SACRAMENTO, CA 95815

JOHNSON SCHACHTER & LEWIS

8

11
12
13
14
15
16
17

)
)
)
)
Plaintiff,
)
)
)
v.
)
TRACY UNIFIED SCHOOL DISTRICT and )
)
BRIAN STEPHENS, an individual,
)
)
)
Defendants.
)
CHRISTOPHER CRONE,

CASE NO. 2:20-cv-01451-JAM-AC
STIPULATION AND ORDER
EXTENDING DEADLINE FOR
DEFENDANT TRACY UNIFIED
SCHOOL DISTRICT TO FILE
RESPONSIVE PLEADING TO FIRST
AMENDED COMPLAINT PURSUANT
TO LOCAL RULE 144(a)
Complaint Filed:
Trial Date:

July 20, 2020
None Set

18
19

///

20

///

21

///

22

///

23

///

24

///

25

///

26

///

27

///

28

///
1
STIPULATION AND ORDER EXTENDING DEADLINE FOR DEFENDANT
TRACY UNIFIED SCHOOL DISTRICT TO FILE RESPONSIVE PLEADING TO
FIRST AMENDED COMPLAINT PURSUANT TO LOCAL RULE 144(a)

1

Pursuant to Local Rule 144, Plaintiff CHRISTOPHER CRONE (“Plaintiff”), by and

2

through his attorneys of record, and Defendant TRACY UNIFIED SCHOOL DISTRICT

3

(“TUSD”), by and through its attorney of record, hereby stipulate to an extension of time for

4

TUSD to file its responsive pleading to Plaintiff’s First Amended Complaint (“FAC”) as follows:

5

RECITALS

6

1.

Plaintiff filed this action on July 20, 2020. Following the filing and service of the

Complaint and against TUSD and Defendant Brian Stephens (“Dr. Stephens”) (hereinafter

8

collectively referred to as “Defendants”), Defendants’ counsel met and conferred with Plaintiff’s

9

counsel regarding a potential motion to dismiss. While the parties were able to resolve some

TELEPHONE: [phone] / FACSIMILE: [phone]

A PROFESSIONAL LAW CORPORATION

10

2180 HARVARD STREET, SUITE 560
SACRAMENTO, CA 95815

JOHNSON SCHACHTER & LEWIS

7

issues, there was a remaining unresolved issue regarding Dr. Stephens. The parties agreed that

11

Plaintiff would file an amended complaint addressing the issues that were resolved through the

12

meet and confer.

13

2.

The parties previously filed a stipulation to extend Defendants’ time to respond to

14

the Complaint for twenty-eight days to September 25, 2020, in order to allow time to meet and

15

confer as stated above.

16
17

3.

Plaintiff filed his FAC on September 25, 2020. Defendants’ deadline to file a

responsive pleading to the FAC is October 9, 2020.

18

4.

While Defendants’ counsel will file a motion to dismiss on behalf of Dr. Stephens

19

on October 9, 2020, a motion to dismiss will not be filed on behalf of TUSD as the matters

20

addressed through meet and confer regarding TUSD were resolved through the filing of the

21

TAC. The parties wish to avoid the unnecessary filing of multiple answers, as a single answer to

22

the FAC can be filed on behalf of both defendants if Dr. Stephens’ motion to dismiss is not

23

granted. The parties also wish to avoid the necessity of TUSD filing an answer to the FAC and

24

then having to file another answer to a further amended complaint if Plaintiff is given leave to

25

amend as to Dr. Stephens. Accordingly, the parties agree that TUSD should be granted

26

additional time to file its answer to the FAC.

27

///

28

///
2
STIPULATION AND ORDER EXTENDING DEADLINE FOR DEFENDANT
TRACY UNIFIED SCHOOL DISTRICT TO FILE RESPONSIVE PLEADING TO
FIRST AMENDED COMPLAINT PURSUANT TO LOCAL RULE 144(a)

1

5.

As stated above, there was one previous stipulated extension of time with respect

2

to the responsive pleading to the original Complaint; no extensions of time have been sought

3

with respect to the FAC.

4

STIPULATION

5

Based on the foregoing, IT IS HEREBY STIPULATED AND AGREED, by and

6
7

between Plaintiff and TUSD, as follows:
The deadline for TUSD to file its answer to the FAC should be extended to either the
same date Dr. Stephens’ answer is due in the event Dr. Stephens’ motion to dismiss is denied or

9

to the date that is ten (10) days after the date of the Order on Dr. Stephens’ motion to dismiss in

TELEPHONE: [phone] / FACSIMILE: [phone]

A PROFESSIONAL LAW CORPORATION

10

2180 HARVARD STREET, SUITE 560
SACRAMENTO, CA 95815

JOHNSON SCHACHTER & LEWIS

8

the event Dr. Stephens’ motion to dismiss is granted. If Plaintiff is given leave to amend, the

11

deadline for filing responsive pleadings on behalf of both defendants shall be governed by Rule

12

15(a)(3) of the Federal Rules of Civil Procedure.

13
14

Dated: October 9, 2020

15
16

JOHNSON SCHACHTER & LEWIS
A Professional Law Corporation

/s/ Kellie M. Murphy
KELLIE M. MURPHY

17
18
19

Dated: October 9, 2020

LEIGH LAW GROUP, P.C.

20
21

/s/ _Jay T. Jambeck__ (authorized on 10/9/20)
JAY T. JAMBECK

22
23
24
25
26
27
28
3
STIPULATION AND ORDER EXTENDING DEADLINE FOR DEFENDANT
TRACY UNIFIED SCHOOL DISTRICT TO FILE RESPONSIVE PLEADING TO
FIRST AMENDED COMPLAINT PURSUANT TO LOCAL RULE 144(a)

1

ORDER

2
3

PURSUANT TO THE STIPULATION AND GOOD CAUSE APPEARING,
Defendant Tracy Unified School District’s time to file its answer to Plaintiff’s First Amended

5

Complaint is extended to either the same date Dr. Stephens’ answer is due in the event

6

Dr. Stephens’ motion to dismiss is denied or to the date that is ten (10) days after the date of the

7

Order on Dr. Stephens’ motion to dismiss in the event Dr. Stephens’ motion to dismiss is

8

granted. If Plaintiff is given leave to amend, the deadline for filing responsive pleadings on

9

behalf of both defendants shall be governed by Rule 15(a)(3) of the Federal Rules of Civil

TELEPHONE: [phone] / FACSIMILE: [phone]

A PROFESSIONAL LAW CORPORATION

10

2180 HARVARD STREET, SUITE 560
SACRAMENTO, CA 95815

JOHNSON SCHACHTER & LEWIS

4

Procedure.

11
12
13
14

DATED: October 9, 2020

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

15
16
17
18
19
20
21
22
23
24
25
26
27
28
4
STIPULATION AND ORDER EXTENDING DEADLINE FOR DEFENDANT
TRACY UNIFIED SCHOOL DISTRICT TO FILE RESPONSIVE PLEADING TO
FIRST AMENDED COMPLAINT PURSUANT TO LOCAL RULE 144(a)