S.O. v. Rescue Union S.D. et al

Filing 67

STIPULATION and ORDER signed by District Judge Daniel J. Calabretta on 09/25/24 MODIFYING the following dates: Lay Discovery Period: 02/14/25; Initial Expert Disclosure: 03/14/25; Rebuttal Expert Disclosure: 04/18/25; Expert Discovery Completed: 05/16/24; deadline to file motions, including dispositive motions: 06/02/25; deadline for hearing dispositive motions: 07/10/25; Final Pretrial Conference set for 9/25/2025 at 01:30 PM in Courtroom 10 (DJC) before District Judge Daniel J. Calabretta and Jury Trial set for 12/1/2025 at 08:30 AM in Courtroom 10 (DJC) before District Judge Daniel J. Calabretta. (Benson, A.)

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LAW OFFICES OF

WALKUP, MELODIA, KELLY & SCHOENBERGER

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A PROFESSIONAL CORPORATION

650 CALIFORNIA STREET, 26TH FLOOR
SAN FRANCISCO, CALIFORNIA 94108-2615
T: [phone] · F: [phone]

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KHALDOUN A. BAGHDADI (State Bar #190111)
5 [e-mail]
VALERIE N. ROSE (State Bar #272566)
6 [e-mail]
KELLY L. GANCI (State Bar #335658)
7 [e-mail]
ATTORNEYS FOR PLAINTIFF

8 S.O., A MINOR, BY AND THROUGH HER
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GUARDIAN AD LITEM LOLITA O’NEAL

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

12 S.O., a minor, by and through her
Guardian Ad Litem, LOLITA O’NEAL,
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Plaintiff,
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v.
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RESCUE UNION SCHOOL DISTRICT;
16 MICHELLE WINBERG; LAURA
HENDRIX; DUSTIN HALEY and DOES
17 1-100,
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Case No. 2:23-CV-00406-DJC-AC
FOURTH JOINT STIPULATION
AND ORDER TO MODIFY
SCHEDULING ORDER (Dkt. 36)
District Judge Daniel J. Calabretta
Magistrate Judge Allison Claire
Date Filed:
Trial Date:

Defendants.

03/03/2023
08/04/2025

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The Parties, through their undersigned counsel, hereby jointly stipulate and

21 request the Court enter an order as follows.
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WHEREAS:

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1.

On April 24, 2024, Defendant Rescue Union School District filed a

24 motion with this Court (Dkt 47) seeking reconsideration of the Magistrate’s order
25 compelling production of unredacted discovery, which the Court granted on August
26 20 (Dkt. No.56);
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2.

Plaintiff filed a motion for protective order regarding communications

28 between Defendant Rescue Union School District and relevant witnesses in this
LAW OFFICES OF
WALKUP, MELODIA, KELLY
& SCHOENBERGER
A PROFESSIONAL CORPORATION

650 CALIFORNIA STREET
26TH FLOOR
SAN FRANCISCO, CA 94108
[phone]

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AMENDED JOINT STIPULATION AND ORDER TO MODIFY SCHEDULING ORDER (Dkt. 36) CASE NO. 2:23-CV-00406-DJC-AC

1 matter. (Dkt. No. 57) Magistrate Claire is presiding over the subsequent meet and
2 confer related to this motion, which will affect the final production of documents
3 Defendant will make. Magistrate Claire set a compliance hearing on September 20,
4 2024. (Dkt. No. 63) Defendant’s final production of documents will not occur until
5 after the compliance hearing;
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3.

Defendants are in the process of scheduling depositions of Plaintiff S.O.

7 and her mental health providers;
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4.

Under the current deadlines, lay discovery would close less than one

9 month after the final production of document occurs. If the lay discovery deadline
10 remains the same, Plaintiff would have insufficient time after the final document
11 production to take all outstanding liability depositions, propound additional written
12 discovery or to notice additional witnesses as necessary;
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5.

The Parties hereby jointly stipulate and request that the following pre-

14 trial deadlines as set forth in the Scheduling Order (Dkt. 53) be modified and
15 extended days as set forth below:
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Deadline
Joint Mid-Discovery Statement
Lay Discovery Cutoff
Expert Disclosure + Reports
Rebuttal Disclosure + Reports
Expert Discovery Cutoff
Dispositive Motion Filing Deadline
Dispositive Motion Hearing
Deadline
Final Pretrial Conference Hearing
Jury Trial

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Current
10/25/2024
11/22/2024
12/20/2024
1/17/2025
1/31/2025
3/20/2025 at 1:30
p.m.
6/5/2024 at 1:30
p.m.
8/4/2025 at 8:30
a.m.

Proposed
1/17/2025
2/14/2025
3/14/2025
4/18/2025
5/16/2025
6/2/2025
7/10/2025 at 1:30
p.m.
9/25/2025 at 1:30
p.m.
12/1/2025 at 8:30
a.m.

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6.

This is the Parties’ fourth request to modify the scheduling order.

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7.

Good cause supports this joint request, as the pre-trial modifications

27 would allow the parties to complete fact discovery needed for trial or pre-trial
28 resolution. The parties cannot adequately prepare the case for trial without
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LAW OFFICES OF
WALKUP, MELODIA, KELLY
& SCHOENBERGER
A PROFESSIONAL CORPORATION

650 CALIFORNIA STREET
26TH FLOOR
SAN FRANCISCO, CA 94108
[phone]

AMENDED JOINT STIPULATION AND ORDER TO MODIFY SCHEDULING ORDER (Dkt. 36) CASE NO. 2:23-CV-00406-DJC-AC

1 additional time to complete discovery.
2

8.

The Parties respectfully submit that this modification will better allow

3 them to resolve outstanding issues, complete discovery and prepare the case for trial.
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IT IS SO STIPULATED.
Dated: September 24, 2024

W ALKUP , M ELODIA , K ELLY & S CHOENBERGER

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By: /s/ Kelly L. Ganci
KHALDOUN A. BAGHDADI
VALERIE N. ROSE
KELLY L. GANCI
Attorneys for PLAINTIFF
S.O., A MINOR, BY AND THROUGH HER
GUARDIAN AD LITEM LOLITA O’NEAL

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Dated: September 24, 2024

S PINELLI D ONALD & N OTT

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By: /s/ Kathleen Bray
ROSS R. NOTT
CARTER J. NOTT
KATHLEEN BRAY
Attorneys for DEFENDANT
RESCUE UNION SCHOOL DISTRICT,
MICHELLE WINBERG, LAURA HENDRIX
AND DUSTIN HALEY

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LAW OFFICES OF
WALKUP, MELODIA, KELLY
& SCHOENBERGER
A PROFESSIONAL CORPORATION

650 CALIFORNIA STREET
26TH FLOOR
SAN FRANCISCO, CA 94108
[phone]

3

AMENDED JOINT STIPULATION AND ORDER TO MODIFY SCHEDULING ORDER (Dkt. 36) CASE NO. 2:23-CV-00406-DJC-AC

1

ORDER

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Having considered the stipulated request of the parties, and with good cause

3 appearing, the Court orders as follows:
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1.

Lay Discovery Period: The deadline to complete lay discovery shall be

5 extended to February 14, 2025.
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2.

Initial Expert Disclosure: The deadline to exchange initial expert

7 disclosure and reports shall be extended to March 14, 2025.
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3.

Rebuttal Expert Disclosure: The deadline to exchange rebuttal expert

9 reports shall be extended to April 18, 2025.
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4.

Expert Discovery Period: The deadline to complete expert discovery shall

11 be extended to May 16, 2025.
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5.

Motion Filing Deadline: The deadline to file motions, including dispositive

13 motions, shall be extended to June 2, 2025.
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6.

Dispositive Motion Hearing Deadline: The deadline for hearing dispositive

15 motions shall be extended July 10, 2025 at 1:30 p.m.
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7.

Final Pretrial Conference Hearing: The deadline for hearing dispositive

17 motions shall be extended to September 25, 2025 at 1:30 p.m.
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8.

Jury Trial: The Trial date shall be extended to December 1, 2025 at 8:30

19 a.m.
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IT IS SO ORDERED.

Dated: September 25, 2024

/s/ Daniel J. Calabretta
THE HONORABLE DANIEL J. CALABRETTA
UNITED STATES DISTRICT JUDGE

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LAW OFFICES OF
WALKUP, MELODIA, KELLY
& SCHOENBERGER
A PROFESSIONAL CORPORATION

650 CALIFORNIA STREET
26TH FLOOR
SAN FRANCISCO, CA 94108
[phone]

4

AMENDED JOINT STIPULATION AND ORDER TO MODIFY SCHEDULING ORDER (Dkt. 36) CASE NO. 2:23-CV-00406-DJC-AC