Unverferth et al v. Liberty Union High School District et al

Filing 63

STIPULATION AND ORDER re 62 STIPULATION WITH PROPOSED ORDER TO (1) EXTEND TIME TO COMPLETE MEDIATION AND (2) CONTINUE FURTHER STATUS CONFERENCE filed by Jennifer Koett, Eric Volta, Patrick Walsh, Sandra Guardado, John Saylor, Ile ne Foster, Liberty Union High School District Status Report due by 7/14/2016. Status Conference set for 7/21/2016 10:30 AM in Courtroom 5, 17th Floor, San Francisco before Edward M. Chen.. Signed by Judge Edward M. Chen on 1/27/16. (bpf, COURT STAFF) (Filed on 1/27/2016)

1 Jeffrey R. Olson, SBN 120945
Stephanie Y. Wu, SBN 268948
2 MCCORMICK, BARSTOW, SHEPPARD,
WAYTE & CARRUTH LLP
3 1125 I Street, Suite 1
Modesto, California 95354
4 T: [phone] | F: [phone]
[e-mail]
5 [e-mail]
6 Attorneys for Defendants LIBERTY UNION
HIGH SCHOOL DISTRICT, et al.
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SARAH UNVERFERTH and P.C., a minor,
Case No. 3:15-cv-01721-EMC
10 by and through his guardian ad litem SARAH
STIPULATION AND [PROPOSED]
UNVERFERTH,
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ORDER TO (1) EXTEND TIME TO
Plaintiffs,
COMPLETE MEDIATION AND (2)
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CONTINUE FURTHER STATUS
v.
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CONFERENCE
LIBERTY UNION HIGH SCHOOL
14 DISTRICT, ERIC VOLTA, JOHN SAYLOR,
PATRICK WALSH, JENNIFER KOETT,
Judge: Hon. Edward M. Chen
15 ILENE FOSTER, and SANDRA
GUARDADO, and DOES 1-30,
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Defendants.
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STIPULATION

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MCCORMICK, BARSTOW,
SHEPPARD, W AYTE &
CARRUTH LLP
1125 I ST., SUITE 1
MODESTO, CA 95354

Plaintiffs SARAH UNVERFERTH and P.C., a minor, by and through his guardian ad litem
Sarah Unverferth (collectively “Plaintiffs”) and Defendants LIBERTY UNION HIGH SCHOOL
DISTRICT, ERIC VOLTA, JOHN SAYLOR, PATRICK WALSH, JENNIFER KOETT, ILENE
FOSTER, and SANDRA GUARDADO (collectively “Defendants”), by and through their counsel,
hereby stipulate as follows:
WHEREAS, the Court, following the November 9, 2015Case Management Conference, issued
Civil Minutes [Doc. 59] and a Case Management and Pretrial Order [Doc. 60], (1) referring this matter
to ADR for mediation, (2) ordering that such mediation be completed within 120 days – i.e., by
March 8, 2016, (3) allowing the Parties to conduct limited discovery to facilitate said mediation, and
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STIPULATION AND [PROPOSED] ORDER

3:15-cv-01721-EMC

1 (4) setting the matter for a post-mediation Further Status Conference on April 14, 2016.
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WHEREAS, the crux of Plaintiff P.C.’s damages claim in this action is founded upon the

3 contention that he has suffered physical injuries as well as significant psychological and emotional
4 harm as a result of Defendants’ conduct;
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WHEREAS, with respect to Plaintiff P.C.’s damages claim, Defendants, who also contest all

6 other aspects of Plaintiffs’ claims, including liability and causation, contend, among other things, that
7 Plaintiff P.C. did not suffer the alleged injuries for which he now seeks recovery, and/or that such
8 alleged injuries/conditions were pre-existing and/or were otherwise not caused by any unlawful,
9 wrongful, negligent, or other conduct by Defendants sufficient to give rise to a finding of liability
10 against, or warrant recovery from, Defendants for such injuries.
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WHEREAS, the Parties, in a good faith effort to facilitate discovery and prepare for mediation,

12 have already met and conferred regarding, and agreed upon, the scope of Defendants’ discovery
13 relating to Plaintiff P.C.’s mental health history and records, along with the form and language of the
14 HIPAA release form to be used in connection with the subpoena of such records; and Defendants have
15 requested and Plaintiffs have agreed to provide information concerning the several mental health
16 providers/facilities that provided Plaintiff P.C. with services, prior and subsequent to the subject
17 incident, so as to allow Defendants to obtain Plaintiff P.C.’s mental health records from such
18 providers;
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WHEREAS, Defendants have not yet been able to obtain Plaintiff P.C.’s mental health

20 records, as Plaintiff P.C.’s guardian ad litem, Sarah Unverferth, despite her ongoing diligence and
21 good faith efforts, is still in the process of gathering, but has not yet been able to provide Defendants,
22 the information necessary to obtain such records;
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WHEREAS, the Parties agree that Plaintiff P.C.’s mental health records are essential to the

24 parties and mediator’s ability to evaluate Plaintiffs’ claims, particularly concerning the issues of
25 causation and damages;
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WHEREAS, the Parties also believe and agree that, due to the unanticipated delay in

27 discovery, which occurred despite the Parties’ reasonable efforts otherwise , there exists good cause to
28 continue the March 8, 2016 mediation deadline, so as to allow the Parties sufficient time to obtain the
MCCORMICK, BARSTOW,
SHEPPARD, W AYTE &
CARRUTH LLP
1125 I ST., SUITE 1
MODESTO, CA 95354

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STIPULATION AND [PROPOSED] ORDER

3:15-cv-01721-EMC

1 information necessary to engage in a meaningful and productive mediation;
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IT IS HEREBY STIPULATED, by and among the Parties to this action, that, based on the

3 foregoing, and in consideration of counsels’ existing trial calendar, the Parties’ March 8, 2016
4 deadline to complete MEDIATION shall be continued to June 22, 2016, and the April 14, 2016
5 FURTHER STATUS CONFERENCE shall be continued July 18, 2016.
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IT IS SO STIPULATED.

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Dated: January 21, 2016

McCORMICK, BARSTOW, SHEPPARD,
WAYTE & CARRUTH LLP

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/s/ STEPHANIE Y. WU
Stephanie Y. Wu
Attorneys for Defendants LIBERTY UNION HIGH
SCHOOL DISTRICT, ERIC VOLTA, JOHN
SAYLOR, PATRICK WALSH, JENNIFER
KOETT, ILENE FOSTER, and SANDRA
GUARDADO
By:

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LAW OFFICES OF TODD BOLEY

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/s/ JUSTIN P. YOUNG
Justin P. Young
Attorneys for Plaintiffs SARAH UNVERFERTH
and P.C., a minor, by and through his guardian ad
litem SARAH UNVERFERTH
By:

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49912-00188 3739459.1

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MCCORMICK, BARSTOW,
SHEPPARD, W AYTE &
CARRUTH LLP
1125 I ST., SUITE 1
MODESTO, CA 95354

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STIPULATION AND [PROPOSED] ORDER

3:15-cv-01721-EMC

[PROPOSED]
ORDER

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Pursuant to the foregoing Stipulation of the Parties, it is hereby ordered that:

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The Parties’ March 8, 2016 deadline to complete Mediation is continued to June 22,

5 2016, and

The April 14, 2016 Further Status Conference is continued to July 18, 2016.

7 IT IS SO ORDERED.

S

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ORD
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UNITED STATES DISTRICT COURT JUDGE
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9 Dated: January ___, 2016

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MCCORMICK, BARSTOW,
SHEPPARD, W AYTE &
CARRUTH LLP
1125 I ST., SUITE 1
MODESTO, CA 95354

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STIPULATION AND [PROPOSED] ORDER

3:15-cv-01721-EMC