Tyska v. Oakland Unified School District et al

Filing 6

ORDER CONTINUING CMC AND RELATED DEADLINES re 4 Proposed Order filed by Jane Tyska. Signed by Judge Maria-Elena James on 3/8/2010. (mejlc1, COURT STAFF) (Filed on 3/8/2010)

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

Terry Gross, [e-mail] (103878) Adam Belsky, [e-mail] (147800) Monique Alonso, [e-mail] (127502) Ben Feuer, [e-mail] (247502) GROSS BELSKY ALONSO LLP 180 Montgomery Street, Suite 2200 San Francisco, CA 94104 Tel: [phone] Fax: [phone] Attorneys for Plaintiff Jane Tyska UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION JANE TYSKA, an individual, ) ) ) Plaintiff, ) ) v. ) OAKLAND UNIFIED SCHOOL DISTRICT, ) ) ART MICHEL, and DOES 1-20, inclusive, ) ) ) Defendant. ) ) Case No.: 09-cv-05727-MEJ STIPULATION AND [PROPOSED] ORDER CONTINUING CMC AND RESPONSE DATES PENDING MEDIATION

WHEREAS the complaint in this action was filed on December 4, 2009, the Joint Case Management Conference Statement and the parties Rule 26(f) Reports are due March 4, 2010, and a Case Management Conference is currently scheduled for 10:00 a.m. on March 11, 2010; WHEREAS Defendant Oakland School District has been served a copy of the complaint, but defendant Art Michel has not been served a copy of the complaint, WHEREAS, plaintiff and the served defendant desire to mediate this matter through JAMS, and to do so prior to incurring any additional costs and fees through the filing of responsive pleadings, discovery, service of process or other court proceedings. Moreover, service of the complaint on Defendant Art Michel is not necessary for the purposes of a meaningful mediation, though plaintiffs intend to serve defendant Michel as soon as possible. IT IS STIPULATED by the parties to the above-referenced action, by and through their respective counsel of record, that this matter will be mediated through JAMS no later than May
STIPULATION AND [PROPOSED] ORDER CONTINUING CMC AND RESPONSE DATES PENDING MEDIATION, CASE NO.: 09-CV-05727-MEJ

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

28, 2010. IT IS FURTHER STIPULATED that all pleadings, responses thereto, and discovery will be stayed and held in abeyance pending the outcome of mediation; that the limitation date prescribed by Federal Rule of Civil Procedure 4(m) will be stayed until June 30, 2010; and that the Case Management Conference scheduled for 10:00 a.m. on March 11, 2010, will be continued to 10:00 a.m. on June 18, 2010. All other deadlines specified in the Court's December 4, 2009 Order Setting Initial Case Management Conference and ADR Deadlines and the Case Management Standing Order for Magistrate Judge Maria-Elena James shall be continued accordingly. Dated: March 4, 2010 GROSS BELSKY ALONSO LLP By: /s/ Ben Feuer___ BEN FEUER, Esq. Attorneys for Plaintiff JAYNE TYSKA Dated: March 4, 2010 STUBBS & LEONE By: /s/ Louis A. Leone LOUIS A. LEONE, Esq. Attorneys for Defendant OAKLAND UNIFIED SCHOOOL DISTRICT

IT IS ORDERED THAT: 1. All pleadings, responses thereto, and discovery will be stayed and held in

abeyance pending the outcome of mediation. 2. The limitation date prescribed by Federal Rule of Civil Procedure 4(m) will be

stayed until June 30, 2010. The Case Management Conference scheduled for 10:00 a.m. on March 11, 2010, 17 shall be continued to 10:00 a.m. on June 18, 2010. 4. All other deadlines specified in the Court's December 4, 2009 Order Setting 3.

STIPULATION AND [PROPOSED] ORDER CONTINUING CMC AND RESPONSE DATES PENDING MEDIATION, CASE NO.: 09-CV-05727-MEJ

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

Initial Case Management Conference and ADR Deadlines and the Case Management Standing Order for Magistrate Judge Maria-Elena James shall be continued accordingly. 8 Dated: March __, 2010 ______________________________ HON. MARIA-ELENA JAMES United States Magistrate Judge

STIPULATION AND [PROPOSED] ORDER CONTINUING CMC AND RESPONSE DATES PENDING MEDIATION, CASE NO.: 09-CV-05727-MEJ

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 XX RE:

CERTIFICATE OF SERVICE Jane Tyska v. Oakland Unified School District, et. al., Case No. 3:09-cv-05727 MEJ

I am a citizen of the United States and employed in the County of San Francisco, State of California. I am over eighteen (18) years of age and not a party to the above-entitled action. My business address is GROSS BELSKY ALONSO LLP, 180 Montgomery Street, Suite 2200, San Francisco, CA, 94104. On the date set forth below, I served the following documents in the manner indicated on the below named parties and/or counsel of record: · ___ STIPULATION AND [PROPOSED] ORDER CONTINUING CMC AND RESPONSE DATES PENDING MEDIATION Facsimile transmission from [phone] during normal business hours, complete and without error on the date indicated below, as evidenced by the report issued by the transmitting facsimile machine. U.S. Mail, with First Class postage prepaid and deposited in a sealed envelope at San Francisco, California. Attorney for Defendant Oakland Unified School District

Luis A. Leone, Esq. STUBBS & LEONE 2175 N. California Blvd., Suite 900 Walnut Creek, CA 94596 Tel: [phone] Fax: [phone]

I am readily familiar with the firm's practice for the collection and processing of correspondence for mailing with the United States Postal Service, and said correspondence would be deposited with the United States Postal Service at San Francisco, California that same day in the ordinary course of business. I declare under penalty of perjury that the foregoing is true and correct. Executed on March 4, 2010 at San Francisco, California. /s/ Jessica Dean JESSICA DEAN

STIPULATION AND [PROPOSED] ORDER CONTINUING CMC AND RESPONSE DATES PENDING MEDIATION, CASE NO.09-CV-05727-MEJ