Emma C., et al v. Eastin, et al

Filing 2140

STIPULATION AND ORDER SETTING BRIEFING SCHEDULE RE: ATTORNEYS' FEES AND COSTS FOR THE PERIOD OF JANUARY 1, 2015 THROUGH JUNE 30, 2015. Cross Motions due by 1/28/2016. Responses due by 2/11/2016. Motion Hearing set for 2/29/2016 10:00 AM in Courtroom 2, 17th Floor, San Francisco before Hon. Thelton E. Henderson. Signed by Judge Thelton E. Henderson on 12/22/2015. (tmiS, COURT STAFF) (Filed on 12/22/2015)

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KAMALA D. HARRIS
Attorney General of California
State Bar No. 146672
NIROMI W. PFEIFFER
Supervising Deputy Attorney General
State Bar No. 154216
R. MATTHEW WISE
Deputy Attorney General
State Bar No. 238485
KARLI EISENBERG
Deputy Attorney General
State Bar No. 281923
1300 I Street, Suite 125
P.O. Box 944255
Sacramento, CA 94244-2550
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants Delaine Eastin,
Superintendent of Public Instruction, the State
Board of Education, and the California Department
of Education

John C. Beiers
San Mateo County Counsel
State Bar No. 144282
By: Aimee B. Armsby, Deputy
State Bar No. 226967
Hall of Justice and Records
400 County Center, 6th Floor
Redwood City, CA 94063
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Defendant Ravenswood
City School District and Related
Defendants

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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EMMA C.,

3:96-cv-04179-TEH

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v.

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DELAINE EASTIN, ET AL.,

Plaintiffs, DEFENDANTS’ [PROPOSED]
STIPULATED ORDER SETTING
BRIEFING SCHEDULE REGARDING
ATTORNEYS’ FEES AND COSTS FOR
THE PERIOD OF JANUARY 1, 2015
THROUGH JUNE 30, 2015

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Defendants.
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Counsel for the defendants have prepared a stipulated order setting a briefing schedule
regarding attorneys’ fees and costs in this action for the period of January 1, 2015 through June
30, 2015.
Pursuant to Section 17.0 of the First Amended Consent Decree, if the defendants are
unable to agree on the allocation of the responsibility for plaintiffs’ attorneys’ fees in this case,

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[Proposed] Stipulated Order Setting Briefing Schedule Regarding Attorneys’ Fees and Costs (3:96-cv-04179-TEH)

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the defendants may seek Court intervention. At this time, the defendants have reached an

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impasse regarding the allocation of responsibility for payment of plaintiffs’ attorneys’ fees and

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costs, and therefore, respectfully request that the defendants be permitted to brief the issue before

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this Court.

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To this end, the parties propose the following briefing schedule. As primary counsel for

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the District will be unavailable February 12 through 22, 2016, it is respectfully requested that any

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hearing date be set for a date after February 22, 2016, to accommodate that unavailability.

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1.

Defendants shall by no later than January 28, 2016, file separate opening briefs

setting forth their respective positions with respect to the allocation of plaintiffs’ attorneys’ fees
and costs for the period of January 1, 2015 through June 30, 2015.
2.

Defendants shall respond to each other’s opening briefs by no later than February

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11, 2016. If Plaintiffs wish to address this matter, they may file comments responding to

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Defendants’ opening briefs no later than February 11, 2016. The Court shall hold a hearing on

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the attorneys’ fees and costs issue on ________.

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Dated: December 18, 2015.
Respectfully submitted,

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COUNTY COUNSEL OF THE COUNTY OF SAN MATEO
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By:
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/s/
.
Aimee B. Armsby, Deputy County Counsel
Attorneys for Ravenswood City School District

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OFFICE OF THE CALIFORNIA ATTORNEY GENERAL

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By:

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/s/
.
R. Matthew Wise, Deputy Attorney General
Karli Eisenberg, Deputy Attorney General
Attorneys for Defendants California Department of Education,
Delaine Eastin, State Superintendent of Public Instruction

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2
[Proposed] Stipulated Order Setting Briefing Schedule Regarding Attorneys’ Fees and Costs (3:96-cv-04179-TEH)

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[PROPOSED] STIPULATED ORDER

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RE: PLAINTIFFS’ ATTORNEYS’ FEES AND COSTS

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FOR THE PERIOD OF JANUARY 1, 2015 THROUGH JUNE 30, 2015

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In view of the parties’ stipulation, and good cause appearing thereof, the Court sets forth
the following schedule:
1.

Defendants shall by no later than January 28, 2016, file separate opening briefs

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setting forth their respective positions with respect to plaintiffs’ attorneys’ fees and costs for the

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period of January 1, 2015 through June 30, 2015.

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2.

Defendants shall respond to each other’s opening briefs by no later than February

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11, 2016. If Plaintiffs wish to address this matter, they may file comments responding to

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Defendants’ opening briefs no later than February 11, 2016. The Court shall hold a hearing on

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February 29,
the attorneys’ fees and costs issue on ________. 2016, at 10:00 AM

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IT IS SO ORDERED.

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12/22/2015
Dated: _________________

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_________________________________________
THE HONORABLE THELTON E. HENDERSON

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SA2005104070
12067127.doc

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[Proposed] Stipulated Order Setting Briefing Schedule Regarding Attorneys’ Fees and Costs (3:96-cv-04179-TEH)