K.A. et al v. St. Helena Unified School District

Filing 39

ORDER GRANTING 37 Stipulation to Move Hearing Dates for District's Motion for Judgment on the Pleadings, Plaintiffs' Motion to Strike and District's Motion to Disqualify Guardian Ad Litem to January 29, 2010. Signed by Judge Jeffrey S. White on 1/4/10. (jjo, COURT STAFF) (Filed on 1/4/2010)

Case3:09-cv-03557-JSW Document37

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MILLER BROWN & DANNIS 71 STEVENSON STREET, 19TH FLOOR SAN FRANCISCO, CA 94105

SUE ANN SALMON EVANS, State Bar No. 151562 AMY R. LEVINE, State Bar No. 160743 DEBORAH L. UNGAR, State Bar No. 207763 MILLER BROWN & DANNIS 71 Stevenson Street, 19th Floor San Francisco, CA 94105 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant / Counter-Claimant St. Helena Unified School District MANDY G. LEIGH, State Bar No. 225748 SARAH J. FAIRCHID, State Bar No. 238469 ALEXIS V. CASILLAS, State Bar No. 259148 Leigh Law Group also DBA EDULEGAL 870 Market Street, Suite 1161 San Francisco, CA 94102 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs / Counter-Defendants KA., S.A., and Z.A. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA K.A., S.A., and Z.A., a minor, by and through her parents, K.A. and S.A., Plaintiffs, v. St. Helena Unified School District, Defendant. St. Helena Unified School District, Counter-Claimant, v. K.A., S.A., and Z.A., a minor, by and through her parents, K.A. and S.A., Counter-Defendants. Case No. CV 09-3557 JSW [PROPOSED ORDER] AND STIPULATION TO MOVE HEARING DATES FOR DISTRICT'S MOTION FOR JUDGMENT ON THE PLEADINGS, PLAINTIFFS' MOTION TO STRIKE AND DISTRICT'S MOTION TO DISQUALIFY GUARDIAN AD LITEM TO JANUARY 29, 2010

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Date: Time: Dept: Judge:

February 5, 2010 9:00 a.m. 11, 19th Floor Hon. Jeffrey S. White August 5, 2009 October 5, 2009

Complaint Filed: Counterclaim Filed:

-1[PROPOSED ORDER] AND STIPULATION TO MOVE HEARING DATES FOR DISTRICT'S MOTION FOR JUDGMENT ON THE PLEADINGS, PLAINTIFFS' MOTION TO STRIKE AND DISTRICT'S MOTION TO DISQUALIFY GUARDIAN AD LITEM TO JANUARY 29, 2010; CASE NO. CV 09-3557 JSW

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Case3:09-cv-03557-JSW Document37

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MILLER BROWN & DANNIS 71 STEVENSON STREET, 19TH FLOOR SAN FRANCISCO, CA 94105

WHEREAS, the District filed a Motion for Judgment on the Pleadings which was scheduled to be heard on January 29, 2010 until Judge White's December 22, 2009 order moved this hearing to February 5, 2010; and WHEREAS, Plaintiffs file a Motion to Strike which was scheduled to be heard on January 29, 2010 until Judge White's December 22, 2009 order moved this hearing to February 5, 2010; and WHEREAS, the District filed a Motion to Disqualify Guardian Ad Litem which is scheduled to be heard on February 5, 2010; and WHEREAS, the parties have been ordered by Judge White to participate in Early Neutral Evaluation ("ENE") by February 11, 2010; and WHEREAS the evaluator's schedule is limited and the parties and the evaluator were only able to agree to the date of January 29, 2010, a date selected because it followed the hearings on the motions which were to occur on that date; and WHEREAS good cause exists to have all three motions heard on January 29, 2010 so that the parties will know during ENE whether the parents have settlement authority to resolve claims for Z.A., and because it serves the interests of economy; THEREFORE, the parties, by and through their counsels of record, hereby stipulate and agree that the hearing date for (1) Defendant/counter-claimant's Motion to Disqualify Guardian Ad Litem, (2) Defendant/counter-claimant's Motion for Judgment on the Pleadings, and (3) Plaintiffs' Motion to Strike, currently scheduled for 9:00 a.m., February 5, 2010, shall be moved to 9:00 a.m., January 29, 2010. The parties further stipulate to the following briefing schedule: Plaintiffs' and counter-defendants' opposition to Defendant/counter-claimant's Motion to Disqualify Guardian Ad Litem shall be filed by January 11, 2010 at 9:00 a.m. Defendant and cross-claimant's reply for the Motion to Disqualify Guardian Ad Litem shall be filed by January 15, 2010. -2[PROPOSED ORDER] AND STIPULATION TO MOVE HEARING DATES FOR DISTRICT'S MOTION FOR JUDGMENT ON THE PLEADINGS, PLAINTIFFS' MOTION TO STRIKE AND DISTRICT'S MOTION TO DISQUALIFY GUARDIAN AD LITEM TO JANUARY 29, 2010; CASE NO. CV 09-3557 JSW

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Case3:09-cv-03557-JSW Document37

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MILLER BROWN & DANNIS 71 STEVENSON STREET, 19TH FLOOR SAN FRANCISCO, CA 94105

DATED: December 22, 2009

MILLER BROWN & DANNIS

By:

/s/ Amy R. Levine SUE ANN SALMON EVANS AMY R. LEVINE DEBORAH L. UNGAR Attorneys for Defendant / Counter-Claimant St. Helena Unified School District

DATED: December 22, 2009

LEIGH LAW GROUP

9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3[PROPOSED ORDER] AND STIPULATION TO MOVE HEARING DATES FOR DISTRICT'S MOTION FOR JUDGMENT ON THE PLEADINGS, PLAINTIFFS' MOTION TO STRIKE AND DISTRICT'S MOTION TO DISQUALIFY GUARDIAN AD LITEM TO JANUARY 29, 2010; CASE NO. CV 09-3557 JSW

By:

/s/ Mandy G. Leigh MANDY G. LEIGH SARAH J. FAIRCHILD ALEXIS V. CASILLAS Attorneys for Plaintiffs / Counter-Defendants K.A., S.A., and Z.A., a minor, by and through her parents K.A. and S.A.

IT IS SO ORDERED.

DATED: January 4, 2010

Hon. Jeffrey S. White United States District Court Judge

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