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

Filing 29

STIPULATION AND ORDER re 28 STIPULATION WITH PROPOSED ORDER TO RESET CASE MANAGEMENT CONFERENCE filed by Colleen O'Sullivan, Catherine Scott, Southern Humboldt Unified School District. Signed by Judge Robert M. Illman on 11/13/2018. (glm, COURT STAFF) (Filed on 11/13/2018)

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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
Kevin Schwin, Esq.
SCHWINLAW, PC
1220 E. Olive Avenue
Fresno, CA 93728
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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MITCHELL, BRISSO,
DELANEY & VRIEZE
814 Seventh Street
P.O. Drawer 1008
Eureka, CA 95502

CASE NO.: 18-CV-02249-RMI

Plaintiff,

STIPULATION AND ORDER TO
RESET CASE MANAGEMENT
CONFERENCE

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.

______________________________________________________________________
STIPULATION AND ORDER TO RESET CASE MANAGEMENT CONFERENCE

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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:

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1.

The initial Case Management Conference in this matter is scheduled for

November 20, 2018, before this Court.

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2.

On October 23, 2018, plaintiff filed a First Amended Complaint.

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3.

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

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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. Defendants intend to set the hearing date on their Motion to Dismiss

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for December 11, 2018.

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4.

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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5.

The Parties further request that the initial Case Management Conference

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be reset to December 18, 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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///

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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

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6.

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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IT IS SO STIPULATED AND AGREED.

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DATED: November 6, 2018

MITCHELL, BRISSO, DELANEY & VRIEZE, LLP

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By:

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DATED: November 6, 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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DATED: November 6, 2018

SCHWINLAW, PC

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By:

/s/ Kevin Schwin
Kevin Schwin
Attorney for Plaintiff, ANN CONSTANTINO

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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

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SIGNATURE ATTESTATION

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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
signature is indicated by a “/s/” signature within this e-filed document and I have on file
confirmation of this concurrence for subjection production for the court if so ordered.
DATED: November 6, 2018

MITCHELL, BRISSO, DELANEY & VRIEZE, LLP

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By:

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

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ORDER

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The above stipulation is accepted and it is so ordered. The Case Management
is VACATED to be reset, if necessary,

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Conference scheduled for November 20, 2018, shall be reset to December 18, 2018, at
following the resolution of the motion to dismiss.

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2:00 pm in the Eureka Courthouse, located at 3140 Boeing Avenue, McKinleyville, CA

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95519. All associated deadlines shall be similarly continued.

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Dated:

November 13, 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

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