Njenga v. San Mateo County et al

Filing 30

STIPULATION AND ORDER AS MODIFIED re 29 Stipulation filed by Waithira Njenga. Signed by Magistrate Judge Elizabeth D. Laporte on June 15, 2009. (edllc2, COURT STAFF) (Filed on 6/15/2009)

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FANIA E. DAVIS, Esq., SBN: 87268 4100 Redwood Road #371 Oakland, California 94619 Telephone: [phone] Ext. 2 Facsimile: 510.451.5056 Email: [e-mail] Attorneys for Plaintiff WAITHIRA NJENGA John A. Shupe, Esq., SBN 87716 Eric. K. Shieu, Esq., SBN 156167 SHUPE AND FINKELSTEIN 177 Bovet Road, Suite 600 San Mateo, CA 94402 Telephone: [phone] Facsimile: 650.341.1395 Attorneys for Defendants SAN MATEO COUNTY SUPERINTENDENT OF SCHOOLS, JEAN HOLBROOK, JEANNIE BOSLEY, CAROL PEX

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

WAITHIRA NJENGA, Plaintiff, vs.

Case No: C08-04019 EDL STIPULATION AND [PROPOSED] ORDER TO MODIFY CASE MANAGEMENT ORDER

SAN MATEO COUNTY SUPERINTENDENT [FRCP 16(b)(4)] OF SCHOOLS; JEAN HOLBROOK, In Her Individual and Official Capacities; JEANNIE BOSLEY, In Her Individual and Official Capacities; CAROL PEX, In Her Individual And Official Capacities; and DOES 1 THROUGH 10, Defendants.

STIPULATION TO MODIFY CASE MANAGEMENT ORDER CASE NO. C08-04019 EDL

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Pursuant to Federal Rule of Civil Procedure 16(b)(4), Plaintiff Waithira Njenga and Defendants San Mateo County Superintendent of Schools, Jeannie Bosley, and Jean Holbrook hereby stipulate as follows: WHEREAS, the parties enter into this stipulation to extend lay and expert discovery deadlines for good cause shown; and WHEREAS, pursuant to the Court's May 15, 2009 Order Following Further Case Management Conference (and at the stipulated request of the parties), lay discovery cutoff was extended to June 5, 2009, dispositive motions filing cut-off to June 23, 2009, initial expert disclosures to August 11, 2009, expert discovery cut-off to September 8, 2009, with pretrial conference and trial remaining scheduled on October 20, 2009 and November 9, 2009; and WHEREAS, since the recent Further Case Management Conference, the parties have met and conferred and come to partial agreement about a discovery dispute, exchanged nearly 2000 pages of documents, engaged in five depositions, and submitted part of a remaining discovery dispute to the Court for in camera review; and WHEREAS, there remains a discovery dispute about the discoverability of information

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related to legal claims of discrimination against Defendants still to be resolved; and
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WHEREAS, Plaintiff has begun but is unable to complete the depositions of Defendants
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until completion of the Court's in camera review; and WHEREAS, the parties experienced delays in locating approximately four additional witnesses whose depositions still need to be taken; and WHEREAS, there was a delay in completing the last three hours of Plaintiff's deposition because of clerical error and because of Plaintiff's mental health status which remains delicate; and WHEREAS, it has become clear to the parties that, despite diligent efforts, their stipulated request to extend lay discovery to June 5, 2009 (rather selecting the later dates and time frame so graciously offered by the Court at the time), was based upon an overly optimistic assessment; and

STIPULATION TO MODIFY CASE MANAGEMENT ORDER CASE NO. C08-04019 EDL

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NOW, THEREFORE, THE PARTIES HEREBY STIPULATE AND AGREE, based on the foregoing circumstances, to beseech the Court again to modify its Case Management Order for good cause to vacate the November 9, 2009 trial date, as well as the other deadlines and dates in the current scheduling order, to assign a new trial date in March 2010, and establish the following additional scheduling dates: Fact discovery Cut-Off Initial Expert Disclosure Rebuttal Expert Disclosures Expert Discovery Cut-Off August 31, 2009 September 15, 2009 September 30, 2009 October 23, 2009 December 15, 2009 February 19, 2010 /s/ FANIA E. DAVIS Attorney for Plaintiff WAITHIRA NJENGA /s/ JOHN SHUPE SHUPE AND FINKELSTEIN Attorneys for Defendants SAN MATEO COUNTY SUPERTINTENDENT OF SCHOOLS

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Dispositive Motion Hearing
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Pre-Trial Conference Date
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DATED: June 4, 2009

DATED: June 4, 2009

The pretrial conference is scheduled for February 16, 2010. Trial IT IS SO ORDERED. is scheduled for March 8, 2010. DATED: ___________________________________ ED ORDER T IS SO ELIZABETH ID. LAPORTE rte D. La United States MagistratepoJudge lizabeth Judge E
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STIPULATION TO MODIFY CASE MANAGEMENT ORDER CASE NO. C08-04019 EDL

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