Galli v. Pittsburg Unified School District

Filing 12

ORDER GRANTING 11 STIPULATION ON DISCOVERY, CASE SCHEDULING AND THE SERVICE OF PLEADINGS. Signed by Judge Jeffrey S. White on 10/13/09. (jjo, COURT STAFF) (Filed on 10/13/2009)

Case3:09-cv-03775-JSW Document11

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1 Roy A. Combs, SBN 123507 [e-mail] 2 Joshua A. Stevens, SBN 228239 [e-mail] m 3 FAGEN FRIEDMAN & FULFROST, LLP 70 Washington Street, Suite 205 4 Oakland, California 94607 Phone: [phone] Fax: [phone] Attorneys for Defendants PITTSBURG UNIFIED SCHOOL DISTRICT, BARBARA 7 WILSON AND PERCY MCGEE 8 9 10
70 Washington Street, Suite 205 Oakland, California 94607 Main: 510-550-8200 · Fax: [phone]

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION

Fagen Friedman & Fulfrost, LLP

11 TIM GALLI, 12 13 vs. Plaint iff,

CASE NO. 3:09-cv-03775-JSW JOINT STIPULATION ON DISCOVERY, CASE SCHEDULING AND THE SERVICE OF PLEADINGS; [PROPOSED] ORDER

14 PITTSBURG UNIFIED SCHOOL DISTRICT, BARBARA WILSON and 15 PERCY MCGEE, 16 17 18 Defendants.

SUBJECT TO THE APPROVAL OF THIS COURT, THE PARTIES HEREBY

19 STIPULATE TO THE FOLLOWING: 20 1. Plaint iff Tim Galli filed a First Amended Complaint ("FAC") in the above-

21 referenced matter on or about September 4, 2009, with service made effective on Pittsburg Unified 22 School District ("District"), Barbara Wilson and Percy McGee (collectively "Defendants") on 23 September 14, 2009. 24 2. On or about September 10, 2009, Plaintiff sent via electronic mail, by and through

25 his counsel of record, David Scher, of the Employment Law Group, his first set of interrogatories, 26 first request for admission, first request for production of documents and ten (10) separate notices 27 of deposition (hereinafter collectively referred to as "discovery") to the Defendants counsel, Roy 28 A. Combs and Joshua A. Stevens, of Fagen Friedman & Fulfrost, LLP.
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3.

Defendants have not accepted service of any of the foregoing discovery. Plaintiff

2 has acknowledged that the foregoing discovery has not yet been served as it predates the 3 conference mandated by Federal Rules of Civil Procedure Rule 26(f) and is, thus, premature. 4 4. Defendants informed Plaintiff of their intention to file a Rule 12(b)(6) motion and

5 any other appropriate pleading to dismiss some or all of Plaintiff's FAC on or before October 5, 6 2009. Defendants filed a motion to dismiss and motion to strike on October 5, 2009. In 7 consideration of the Court's calendar and availability to hear Defendants' motions, the parties 8 agree that the hearing date on the motions will be noticed for Friday, December 11, 2009. 9 5. Given the mutual recognition of the potential impact of the Court's ruling on the

10 Rule 26 conference and related matters, the parties further agree to a continuance of the case 11 schedule as follows, if the case remains pending in Federal Court:
70 Washington Street, Suite 205 Oakland, California 94607 Main: 510-550-8200 · Fax: [phone]

Fagen Friedman & Fulfrost, LLP

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a.

December 11, 2009 ­ last day to: (i) meet and confer regarding initial

13 disclosures, early settlement, ADR process selection, and discovery plan; (ii) file ADR 14 Certification signed by parties and counsel; and (iii) file either Stipulation to ADR Process or 15 Notice of Need for ADR Phone Conference; 16 b. December 23, 2009 ­ last day to: (i) file Rule 26(f) Report; (ii) complete

17 initial disclosures or state objection in Rule 26(f) Report; and (iii) file Case Management 18 Statement; and 19 c. January 8, 2010 ­ Init ial Case Management Conference. Subject to this

20 Court's approval, the parties agree that one or both parties may appear telephonically at the Initial 21 Case Management Conference. 22 6. In the event that this Court has not issued its ruling on Defendants' Motion to

23 Dismiss and Motion to Strike on or before December 11, 2009, the parties agree to seek the 24 Court's guidance on a further continuance of the above-referenced schedule at the time of the 25 hearing on December 11, 2009. 26 7. The parties further agree to serve all court filed documents (e.g., pleadings and

27 motions) in this matter through the Court's electronic filing system. 28 8. The parties additionally agree to serve discovery in this matter via electronic mail

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1 with a copy sent to the following recipients on behalf of Plaintiff and Defendants: 2 3 4 5 6 7 8 9 10 11
70 Washington Street, Suite 205 Oakland, California 94607 Main: 510-550-8200 · Fax: [phone]

On behalf of Plaintiff David Scher ([e-mail]) R. Scott Oswald ([e-mail]) Liviya M. Piccione-Sand ([e-mail] On behalf of Defendants Roy A. Combs ([e-mail]) Joshua A. Stevens ([e-mail]) Lisa Howell ([e-mail]) Jane Forrette ([e-mail]) SO STIPULATED. DATED: October 9, 2009 Respect fully submitted, FAGEN FRIEDMAN & FULFROST, LLP

Fagen Friedman & Fulfrost, LLP

12 13 14 15 16 17 DATED: October 9, 2009 18 19 20 21 22 23 24 25 26 27 28

By: /s/ Roy A. Combs Roy A. Combs Attorneys for Defendandts PITTSBURG UNIFIED SCHOOL DISTRICT, BARBARA WILSON AND PERCY MCGEE Respect fully submitted, THE EMPLOYMENT LAW GROUP, P.C.

By: /s/ David Scher David Scher Attorneys for Plaintiff TIM GALLI

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[PROPOSED] ORDER IT IS HEREBY ORDERED, pursuant to the above Stipulation of the parties, that the case

3 schedule be amended as outlined above; that all court filed documents will be served through the 4 Court's electronic filing system; and that discovery in this matter will be served via electronic mail 5 with a copy sent to the recipients listed in the above Stipulation. 6 7 8 9 10 11
70 Washington Street, Suite 205 Oakland, California 94607 Main: 510-550-8200 · Fax: [phone]
00254.00140/159512.1

October 13, 2009 DATED: ___________________

__________________________________ Hon. Jeffrey S. White UNITED STATES DISTRICT JUDGE

Fagen Friedman & Fulfrost, LLP

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