C.R. v. Elk Grove Unified School District, et al.,

Filing 41

STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 08/02/22 CONTINUING the following dates: Factual discovery: 04/25/23; Expert disclosure: 07/25/23 with Rebuttal Expert witnesses: 08/25/23 and all expert discovery completed by: 01/25/24; dispositive motions heard by: 04/05/24. Parties will notify the Court whether they request a court settlementconference date or referral to VDRP by 04/28/23. (Benson, A.)

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MAUREEN F. GORSEN (SBN 170158)
SIDLEY AUSTIN LLP
1999 Avenue of the Stars, 17th Floor
Los Angeles, CA 90067
Telephone: [phone]
Email: [e-mail]
DIANA M. KWOK (SBN 246366)
GILES JUDD (SBN 318346)
TATIANA K. FIELDS (SBN 328976)
(Admission to CAED pending)
SIDLEY AUSTIN LLP
555 West Fifth Street, Suite 4000
Los Angeles, CA 90013
Telephone: [phone]
Email: [e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiff
Additional Counsel on Next Page.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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C.R., by and through her Guardian Ad
Litem, TIFFANY ROE,
Plaintiff,

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vs.
ELK GROVE UNIFIED SCHOOL
DISTRICT, CAPITOL ELEMENTARY
SCHOOL, INC., MARILYN DELGADO
and IRA ROSS, as individuals, and DOES
1 to 10,

Case No. 2:20-CV-02296-KJM-AC
Assigned to: Chief U.S. District Judge
Kimberly J. Mueller
STIPULATED MOTION AND
ORDER TO CONTINUE
DEADLINES AS MODIFIED IN THE
COURT’S MARCH 1, 2022 ORDER

Defendants.

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STIPULATED MOTION AND ORDER TO CONTINUE DEADLINES

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CYNTHIA G. LAWRENCE (SBN 148924)
NORMA PEDROSA CHAVEZ (SBN 177736)
SIMS, LAWRENCE & BROGHAMMER
2261 Lava Ridge Court
Roseville, CA 95661
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
Attorneys for Defendants Capitol Elementary
School, Inc., and Ira Ross
RICHARD S. LINKERT (SBN 88756)
MADISON M. SIMMONS (SBN 292185)
MATHENY SEARS LINKERT & JAMIE, LLP
3638 American River Drive
Sacramento, CA 95864
T: [phone] / F: [phone]
Email: [e-mail]
[e-mail]
Attorneys for Defendants Elk Grove Unified
School District and Marilyn Delgado

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STIPULATED MOTION AND ORDER TO CONTINUE DEADLINES

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IT IS HEREBY STIPULATED AND AGREED by all parties to the above-

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captioned action, by and through their counsel of record, that good cause exists for the

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extension of the deadlines set forth in the Court’s March 1, 2022 Order, which

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modified the original dates set forth in the Court’s March 25, 2021 Order, in order to

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allow the parties to continue factual discovery, permit timely disclosure of experts,

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consider possible mediation and/or settlement options, and prepare and file any

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dispositive motions, if necessary.

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WHEREAS, the parties agree that good cause exists on the following grounds.

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With regard to Plaintiff’s counsel, on May 13, 2022, Carol Lynn Thompson, then-

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current counsel, filed a Notice of Withdrawal of Counsel with the Court, and is no

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longer associated with Sidley Austin LLP. Additional counsel from the firm,

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including Diana M. Kwok, Giles Judd, and Tatiana K. Fields, transitioned to this

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matter in May of 2022, and will be representing Plaintiff in this matter on a pro bono

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basis. Additional time is therefore needed in order for counsel to familiarize

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themselves with the facts and procedural history of this matter, as well as to ensure

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that counsel is properly admitted to this Court and to make all necessary appearances,

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and to engage in meaningful discovery.

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Similarly, with regard to counsel for Defendant Capitol Elementary School, on

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May 23, 2022, Cynthia G. Lawrence filed a Designation of Counsel for Service with

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the Court, removing Shannon L. Knorr as counsel for Defendant, and adding Norma

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P. Chavez. Additional time is therefore needed in order for counsel to familiarize

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themselves with the facts and procedural history of this matter, and to engage in

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meaningful discovery.

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Further, with regard to counsel for Defendant Elk Grove Unified School

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District, counsel has notified the parties that they will be unavailable toward the end

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of the current deadline for factual discovery due to scheduling conflicts. Accordingly,

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in order to allow for meaningful discovery, as well as to allow counsel for all parties

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STIPULATED MOTION AND ORDER TO CONTINUE DEADLINES

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to establish a working relationship with each other which might promote mediation

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and/or settlement discussion efforts, additional time is appropriate in this instance.

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Finally, due to the COVID-19 pandemic, previous discovery efforts were

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significantly disrupted. All parties are now working diligently to obtain necessary and

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relevant discovery in order for this case to progress.

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WHEREAS, the Court’s March 1, 2022 Order modified the deadlines as
follows:

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1. Factual discovery shall be completed by October 25, 2022;

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2. Expert disclosures shall be completed by January 25, 2023;

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3. Rebuttal Expert witnesses shall be exchanged by February 27, 2023;

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4. All expert discovery shall be completed by June 27, 2023;

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5. All dispositive motions, except for motions for continuances, temporary

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restraining orders or other emergency applications, shall be heard by

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October 6, 2023; and

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6. The Parties will notify the Court whether they request a court settlement

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conference date or referral to the Voluntary Dispute Resolution Program

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(VDRP) on or before October 28, 2022.

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Accordingly, the Parties hereby respectfully request that the above deadlines be
extended as follows:

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1. Factual discovery shall be completed by April 25, 2023;

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2. Expert disclosures shall be completed by July 25, 2023;

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3. Rebuttal Expert witnesses shall be exchanged by August 25, 2023;

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4. All expert discovery shall be completed by January 25, 2024;

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5. All dispositive motions, except for motions for continuances, temporary

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restraining orders or other emergency applications, shall be heard by

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April 5, 2024; and

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STIPULATED MOTION AND ORDER TO CONTINUE DEADLINES

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6. The Parties will notify the Court whether they request a court settlement

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conference date or referral to the Voluntary Dispute Resolution Program

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(VDRP) on or before April 28, 2023.

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IT IS SO STIPULATED.
Date: July 26, 2022

SIDLEY AUSTIN, LLP
By: /s/ Giles Judd
Giles Judd

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Attorneys for Plaintiff,
C.R., by and through her Guardian Ad Litem,
TIFFANY ROE

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Date: July 26, 2022

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MATHENY SEARS LINKERT & JAIME LLP
By: /s/ Madison M. Simmons (as authorized on 07/21/22)
Madison M. Simmons

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Attorneys for Defendants,
Elk Grove Unified School District and
Marilyn Delgado

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Date: July 26, 2022

SIMS, LAWRENCE & BROGHAMMER
By:

/s/ Norma Pedrosa Chavez (as authorized on 07/20/22)
Norma Pedrosa Chavez
Attorneys for Defendants,
Capitol Elementary School, Inc., and
Ira Ross

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STIPULATED MOTION AND ORDER TO CONTINUE DEADLINES

ORDER

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Upon review of the parties’ Stipulated Motion to Continue Deadlines as
Modified in the Court’s March 1, 2022 Order,

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IT IS HEREBY ORDERED:

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The parties’ Stipulated Motion to Continue Deadlines as Modified in the

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Court’s March 1, 2022 Order is hereby GRANTED. Accordingly, the Court’s current

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deadlines as set forth in its March 1, 2022 Order are extended as follows:

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1. Factual discovery shall be completed by April 25, 2023;

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2. Expert disclosures shall be completed by July 25, 2023;

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3. Rebuttal Expert witnesses shall be exchanged by August 25, 2023;

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4. All expert discovery shall be completed by January 25, 2024;

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5. All dispositive motions, except for motions for continuances, temporary

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restraining orders or other emergency applications, shall be heard by

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April 5, 2024; and

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6. The Parties will notify the Court whether they request a court settlement

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conference date or referral to the Voluntary Dispute Resolution Program

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(VDRP) on or before April 28, 2023.

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DATED: August 2, 2022.

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CERTIFICATE OF SERVICE