Constantino et al v. Southern Humboldt Unified School District et al

Filing 21

STIPULATION AND ORDER re 19 STIPULATION WITH PROPOSED ORDER TO RESET CASE MANAGEMENT CONFERENCE AND DATE FOR FIRST RESPONSIVE PLEADING filed by Colleen O'Sullivan, Catherine Scott, Southern Humboldt Unified School District. Initial Case Management Conference reset to 11/20/2018 02:00 PM in McKinleyville. Signed by Judge Robert M. Illman on 9/7/2018. (glmS, COURT STAFF) (Filed on 9/7/2018)

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Nicholas R. Kloeppel, CSB #186165
MITCHELL, BRISSO, DELANEY & VRIEZE, LLP
Attorneys at Law
814 Seventh Street
P. O. Drawer 1008
Eureka, CA 95502
Tel: [phone]
Fax: [phone]
Attorneys for Defendants
SOUTHERN HUMBOLDT UNIFIED SCHOOL
DISTRICT and COLLEEN O’SULLIVAN
Elizabeth M. Peck, Esq.
PECK-LAW
1010 Fair Avenue, Suite A
Santa Cruz, CA 95060
Tel [phone]
Fax [phone]
Attorney for Plaintiff
ANN CONSTANTINO

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
EUREKA DIVISION

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ANN CONSTANTINO,

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CASE NO.: 18-CV-02249-RMI

Plaintiff,

STIPULATION AND ORDER TO
RESET CASE MANAGEMENT
CONFERENCE AND DATE FOR
FIRST RESPONSIVE PLEADING

v.
SOUTHERN HUMBOLDT UNIFIED
SCHOOL DISTRICT, a California Public
Entity, CATHERINE SCOTT, an
individual, COLLEEN O’SULLIVAN, an
individual, and DOES 1 through 10,
inclusive,
Defendants.

IT IS HEREBY STIPULATED by and between the parties, Plaintiff ANN

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CONSTANTINO (“Plaintiff”) and Defendants SOUTHERN HUMBOLDT UNIFIED

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SCHOOL DISTRICT and COLLEEN O’SULLIVAN (“Defendants”) through their

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respective attorneys as follows:

MITCHELL, BRISSO,
DELANEY & VRIEZE
814 Seventh Street
P.O. Drawer 1008
Eureka, CA 95502

_______________________________________________________________________
STIPULATION AND ORDER TO RESET CASE MANAGEMENT CONFERENCE AND DATE
FOR FIRST RESPONSIVE PLEADING

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1.

The parties previously stipulated that service on all defendants would be

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deemed complete as of the last date of service on a defendant. That service was

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completed by way of a Waiver of Service of Summons on July 9, 2018.

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2.

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7, 2018.

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3.

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The initial Case Management Conference in this matter is scheduled for

September 11, 2018, before this Court.

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The first responsive pleading by all defendants is due on or before October

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Defendants have informed plaintiff’s counsel of their intention to file a

Motion to Dismiss pursuant to Fed. R. Civ. P. Rule 12(b)(6). The Parties agree that the

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initial Case Management Conference should be held after the ruling on defendants’

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Motion to Dismiss.

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5.

Based on the foregoing, the parties respectfully request the Court vacate

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the Case Management Conference and all dates attendant thereto. This request is made

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for good cause as the parties believe it is in the best interest of the court and the parties’

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respective economic and personal resources, and litigation expediency to wait until after

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the parameters of the dispute of the parties are determined by the court before the initial

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Case Management Conference is held.

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6.

The Parties further request that the initial Case Management Conference

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be reset to November 20, 2018, at 2:00 pm in the Eureka Courthouse or any anytime

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thereafter which is more convenient for the Court.

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7.

The parties further agree, should the court wish to, that a proposed

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scheduling order could be issued by the court and the Case Management Conference

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would be taken off calendar without being reset.

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///

MITCHELL, BRISSO,
DELANEY & VRIEZE
814 Seventh Street
P.O. Drawer 1008
Eureka, CA 95502

_______________________________________________________________________
STIPULATION AND ORDER TO RESET CASE MANAGEMENT CONFERENCE AND DATE
FOR FIRST RESPONSIVE PLEADING

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IT IS SO STIPULATED AND AGREED.

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DATED: September 4, 2018

MITCHELL, BRISSO, DELANEY & VRIEZE, LLP

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By:

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DATED: September 4, 2018

/s/ Nicholas R. Kloeppel
Nicholas R. Kloeppel
Attorneys for Defendants
SOUTHERN HUMBOLDT UNIFIED
SCHOOL DISTRICT and COLLEEN
O’SULLIVAN

PECK-LAW

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By:

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/s/ Elizabeth M. Peck
Elizabeth M. Peck
Attorneys for Plaintiff, ANN CONSTANTINO

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SIGNATURE ATTESTATION
Pursuant to Civil L.R. 5-1(i)(3), I hereby attest that I have obtained the

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concurrence in the filing of this document from all of the signatories for whom a

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signature is indicated by a “/s/” signature within this e-filed document and I have on file

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confirmation of this concurrence for subjection production for the court if so ordered.

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DATED: September 4, 2018

MITCHELL, BRISSO, DELANEY & VRIEZE, LLP

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By:

/s/ Nicholas R. Kloeppel
NICHOLAS R. KLOEPPEL
Attorneys for Defendants

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MITCHELL, BRISSO,
DELANEY & VRIEZE
814 Seventh Street
P.O. Drawer 1008
Eureka, CA 95502

_______________________________________________________________________
STIPULATION AND ORDER TO RESET CASE MANAGEMENT CONFERENCE AND DATE
FOR FIRST RESPONSIVE PLEADING

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ORDER
The above stipulation is accepted and it is so ordered. The date the first

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responsive pleading is due by all of the Defendants shall be on or before October 7,

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2018. The Case Management Conference scheduled for September 11, 2018, shall be

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reset to November 20, 2018, at 2:00 pm in the Eureka Courthouse, located at 3140

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Boeing Avenue, McKinleyville, CA 95519. All associated deadlines shall be similarly

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continued.

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Dated: 9/7/2018

_________________________________
Honorable Robert M. Illman
UNITED STATES DISTRICT COURT

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MITCHELL, BRISSO,
DELANEY & VRIEZE
814 Seventh Street
P.O. Drawer 1008
Eureka, CA 95502

_______________________________________________________________________
STIPULATION AND ORDER TO RESET CASE MANAGEMENT CONFERENCE AND DATE
FOR FIRST RESPONSIVE PLEADING

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