S. et al v. Fremont Unified School District

Filing 198

ORDER continuing motion to 12/2/09 @ 4 p.m. (tf, COURT STAFF) (Filed on 10/28/2009)

Case3:06-cv-07218-SI Document197
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2009. vs. FREMONT UNIFIED SCHOOL DISTRICT Defendant. K.S., a minor, by and through her parents, P.S. and M.S. Plaintiff, Mandy G. Leigh, SBN 225748 Sarah J. Fairchild, SBN 238469 LEIGH LAW GROUP also DBA EDULEGAL 870 Market Street, Suite 1161 San Francisco, CA 94102 Phone: [phone] Fax: [phone] E-mail: [e-mail] [e-mail] Attorneys for Plaintiffs K.S.

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

CASE NO. C 06-07218 SI JOINT STIPULATION TO CHANGE TIME Civil L.R. 6-2 Honorable Judge Susan Illston

Plaintiff K.S., by and through her parents, P.S. and M.S. ("Plaintiff") and Defendant Fremont Unified School District ("Defendant") hereby stipulate to a changing of time in this matter, pursuant to Civil L.R. 6-2:

RECITALS WHEREAS, this Court granted in part and denied in part cross motions for summary judgment and remanded this matter to the Office of Administrative Hearings ("OAH") [Docket #145]. WHEREAS, the OAH convened a remand due process hearing on February 23, 24 and 25,

WHEREAS, this Court held a Case Management Conference on June 30, 2009 and agreed

JOINT STIPULATION TO CHANGE TIME CASE NO. C 06-07218 SI

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. 3. 4. 5. 1. 195];

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that the parties would file supplemental briefs and opposition briefs, with a hearing date on November 13, 2009, based upon the Parties agreement [Docket # 185]; WHEREAS this Court ordered for the parties in this matter to file Supplemental briefs by October 16, 2009 [Docket # 185]; WHEREAS this Court ordered parties in this matter to file opposition briefs to be filed by October 30, 2009 [Docket # 185]; WHEREAS, this Court also set a hearing date on the supplemental briefing for November 13, 2009, pursuant to the parties agreement at that time [Docket # 185]; WHEREAS, the parties filed their supplemental briefs on October 16, 2009 [Docket 193 &

WHEREAS, the Plaintiff filed an additional motion, captioned Daubert Motion to Exclude [Docket #190], with a noticed hearing date of November 20, 2009; WHEREAS, the parties have conferred and agreed to consolidate the hearing dates currently on calendar by extending the date for oral argument, currently set for November 13, 2009, by one week; WHEREAS the parties have conferred and agreed to extend by one week the due date for their opposition briefs, thereby making them due November 6, 2009;

Accordingly, IT IS HEREBY STIPULATED BY THE PARTIES as follows:

STIPULATION Parties agree to change time and extend the due date for their opposition motions and the date for the hearing of oral argument regarding the parties supplemental briefings; Parties agree that their opposition briefs will not be due on October 30, 2009; Parties agree to submit opposition briefs by November 6, 2009; Parties agree to vacate the November 13, 2009 hearing date; Parties agree to present oral argument to this Court regarding both the Daubert

JOINT STIPULATION TO CHANGE TIME CASE NO. C 06-07218 SI

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1 2 3 4 5 6 7 8 9 10 11 12 13 By: DATED: October 23, 2009 By: DATED: October 23, 2009

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Motion to Exclude and the Supplemental briefings on November 20, 2009 at 9 a.m.;

LEIGH LAW GROUP

/s/ Mandy G. Leigh Mandy Leigh Attorney for Plaintiff

/s/ Sarah Sutherland Sarah Sutherland Attorney for Defendant

I, MANDY LEIGH, am the ECF User whose ID and password are being used to file this 14 JOINT STIPULATION TO PERMIT FILING OF PLAINTIFF'S THIRD AMENDED 15 COMPLAINT AND DISMISS NON-IDEA CLAIMS; [PROPOSED] ORDER. In compliance 16 with General Order 45, X.B., I hereby attest that counsel for Defendants to the above-titled action 17 have concurred in this filing. 18 19 DATED: October 23, 2009 20 Mandy G. Leigh 21 Attorney for Plaintiff 22 23 24 25 26 27 28 /s/ Mandy G. Leigh

JOINT STIPULATION TO CHANGE TIME CASE NO. C 06-07218 SI

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1 2 3 4 5 6 7 8 9 Plaintiff, 10 vs. 11 FREMONT UNIFIED SCHOOL DISTRICT 12 Defendant 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 [PROPOSED] ORDER TO PERMIT A CHANGE OF TIME CASE NO. C-06-07218 SI 1 2. 3. 4. The Court, having reviewed and considered the STIPULATION TO CHANGE TIME ("Stipulation") does hereby ORDER: 1. The parties' opposition briefs will no longer be due on October 30, 2009, as previously required by an order of this Court [Docket # 185]; Both parties' opposition briefs will be filed by November 6, 2009; The November 13, 2009 hearing date in this matter is vacated; Dec. 2, 2009 @ 4 p.m. This matter will be continued until November 20, 2009 when parties will be available to present oral argument to this Court regarding Plaintiff's Daubert Motion to Exclude [Docket #190] and the post remand supplemental briefings [Docket # 193 and #195], as well as the parties respective oppositions; . Civil L.R. 6-2 K.S., a minor, by and through her parents, P.S. and M.S. CASE NO. C-06-07218 SI [PROPOSED] ORDER CHANGING TIME UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

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1 2 3 4 DATED: 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 [PROPOSED] ORDER TO PERMIT A CHANGE OF TIME CASE NO. C-06-07218 SI 2 ____________________________________ The Honorable Susan Illston Judge of the United States District Court For the Northern District of California PURSUANT TO STIPULATION, IT IS SO ORDERED.