Yvette Felarca v. Berkeley Unified School District et al

Filing 33

STIPULATION AND ORDER RE 31 TO MODIFY CERTAIN CASE MANAGEMENT DATES. Signed by Judge Richard Seeborg on 2/15/17. (cl, COURT STAFF) (Filed on 2/15/2017)

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MARK S. POSARD (SBN: 208790)
JEROME SCHREIBSTEIN (SBN: 154051
GORDON & REES SCULLY MANSUKHANI, LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Defendant
BERKELEY UNIFIED SCHOOL DISTRICT

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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Gordon & Rees LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111

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YVETTE FELARCA,

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Plaintiff,
vs.
BERKELEY UNIFIED SCHOOL
DISTRICT, SUPERINTENDENT DONALD
EVANS, BEATRIZ LEYVA-CUTLER, TY
ALPER, JUDY APPEL, JOSH DANIELS,
KAREN HEMPHILL, LISA VAN THILLO,
EVELYN TAMONDONG-BRADLEY,
JANET LEVENSON, MARC COPLAN, and
DOES 1-10,
Defendants.

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CASE NO. 16-06184
STIPULATION AND [PROPOSED]
ORDER TO MODIFY CERTAIN
CASE MANAGEMENT DATES

STIPULATION
This STIPULATION is entered into between plaintiff Yvette Felarca (“Felarca”), on the

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one hand, and defendant, Berkeley Unified School District (“BUSD”), on the other hand,

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through their respective counsel, as follows:

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WHEREAS, per Stipulation of the parties and Order of this Court (DOCKET # 30),

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Felarca’s Motion for Preliminary Injunction has been set for hearing on March 2, 2017, with an

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Initial Case Management Conference date of March 16, 2017;

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-1STIPULATION AND [PROPOSED] ORDER TO MODIFY CERTAIN CASE MANAGEMENT DATES
CASE NO. 16-06184

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WHEREAS, the parties agree that the determination on Felarca’s Motion for Preliminary

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Injunction will impact certain of the key allegations of the Complaint, which will necessarily

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impact other case management procedures such as the parties’ respective Rule 26 Disclosures,

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and ADR participation;

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WHEREAS, BUSD anticipates that those individual defendants named in this matter will
consent to a waiver of personal service; and

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WHEREAS, the parties have stipulated and agreed that:

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1.

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Gordon & Rees LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111

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The responsive pleading date in this matter shall be set for 21 days from the

Court’s Order on Felarca’s Motion for Preliminary Injunction; and
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The previously set dates for Rule 26 Disclosures and ADR compliance shall be

vacated and re-set at the Initial Case Management Conference.
IT IS SO STIPULATED.

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Dated: February 15, 2017

GORDON & REES SCULLY MANSUKHANI, LLP

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By:

/S/ Jerome Schreibstein
MARK S. POSARD
JEROME SCHREIBSTEIN
Attorneys for Defendant
BERKELEY UNIFIED SCHOOL DISTRICT

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Dated: February 15, 2017

UNITED FOR EQUALITY AND AFFIRMATIVE
ACTION LEGAL DEFENSE FUND
By:
/S/ Ronald Cruz
RONALD CRUZ
SHANTA DRIVER* (Michigan Bar No. P65007)
*Pro hac vice application pending
Attorneys for Plaintiff

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-2STIPULATION AND [PROPOSED] ORDER TO MODIFY CERTAIN CASE MANAGEMENT DATES
CASE NO. 16-06184

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ORDER

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Per Stipulation of the parties, and good cause otherwise appearing:

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1.

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Gordon & Rees LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111

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The responsive pleading date in this matter is set for 21 days from the Court’s

Order on Plaintiff’s Motion for Preliminary Injunction; and
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The previously set dates for Rule 26 Disclosures and ADR compliance are hereby

vacated and will be re-set at the Initial Case Management Conference.
IT IS SO ORDERED.
Dated: February 15 , 2017
By:
HON. RICHARD SEEBORG

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1128412/31677515v.1

-3STIPULATION AND [PROPOSED] ORDER TO MODIFY CERTAIN CASE MANAGEMENT DATES
CASE NO. 16-06184