Lupe Vargas et al v. Berkeley Unified School District et al

Filing 28

ORDER granting 27 STIPULATION TO MODIFY CERTAIN ASE MANAGEMENT DATES. Case Management Statement due by 4/25/2017. Initial Case Management Conference reset for 5/2/2017 02:00 PM in Courtroom 2, 17th Floor, San Francisco. Signed by Judge William H. Orrick on 02/21/2017. (jmdS, COURT STAFF) (Filed on 2/21/2017)

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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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)
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Plaintiff,
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vs.
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BERKELEY UNIFIED SCHOOL DISTRICT, )
SUPERINTENDENT DONALD EVANS,
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BEATRIZ LEYVA-CUTLER, TY ALPER,
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JUDY APPEL, JOSH DANIELS, KAREN
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HEMPHILL, MARLEEN SACKS, LISA VAN )
THILLO, EVELYN TAMONDONG)
BRADLEY, JANET LEVENSON, SAM
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PASAROW, SHANNON FIERRO, and DOES )
1-10,
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Defendants.
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LUPE VARGAS; POMPELLA CAMPOS;
X.M., by her next friend MARIA DIAZ;
MARIA DIAZ; J.B., by his next friend
LEOCADIA RAMOS; LEOCADIA RAMOS;
B.L., by his next friend TED LEVITON; and
TED LEVITON,

CASE NO. 3:16-CV-06634-WHO
STIPULATION AND ORDER TO
MODIFY CERTAIN CASE
MANAGEMENT DATES

STIPULATION
This STIPULATION is entered into between plaintiffs LUPE VARGAS, POMPELLA

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CAMPOS, X.M., by her next friend MARIA DIAZ. MARIA DIAZ, J.B., by his next friend

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LEOCADIA RAMOS, LEOCADIA RAMOS, B.L., by his next friend TED LEVITON, and

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TED LEVITON (collectively, “Plaintiffs’), on the one hand, and defendant, Berkeley Unified

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School District (“BUSD”), on the other hand, through their respective counsel, as follows:
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STIPULATION AND ORDER TO MODIFY CERTAIN CASE MANAGEMENT DATES
CASE NO. 3:16-CV-06634- WHO

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WHEREAS, counsel for Plaintiffs and counsel for BUSD have attempted to orderly

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arrange for service on the individually named defendants and it is believed that all of those

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individuals, with one exception, will agree to waive personal service on or before February 22,

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2017;

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WHEREAS, BUSD anticipates that it, and some of the individually named defendants,

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will bring motions challenging the Complaint, which may impact the parties and allegations

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remaining in the case;

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WHEREAS, the parties agree that the efficiencies of the case will be best served by
setting a uniform responsive pleading date for those served defendants, and vacating and resetting the current Initial Case Management Conference date, and associated Rule 26 disclosure

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

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and ADR compliance dates; and

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WHEREAS, the parties have stipulated and agreed that:

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1.

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The responsive pleading date in this matter shall be set for March 21, 2017 for all

defendants served on or before February 28, 2017; and
2.

The previously set dates for the Initial Case Management Conference (February

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28, 2017), Rule 26 Disclosures and ADR compliance shall be vacated and re-set once the matter

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is at issue.

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IT IS SO STIPULATED.
Dated: February 17, 2017

GORDON & REES SCULLY MANSUKHANI, LLP

By:

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

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STIPULATION AND ORDER TO MODIFY CERTAIN CASE MANAGEMENT DATES
CASE NO. 3:16-CV-06634- WHO

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Dated: February 17, 2017

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

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ORDER
Per Stipulation of the parties, as modified below, and good cause otherwise appearing:
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The responsive pleading date in this matter is set for March 21, 2017 for all

defendants served on or before February 28, 2017; and
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The previously set dates for the Initial Case Management Conference (February

28, 2017), Rule 26 Disclosures and ADR compliance are continued for 60 days. The initial
Case Management Conference is set for May 2, 2017 at 2:00 p.m.
IT IS SO ORDERED.
Dated: February 21, 2017
By:

HON. WILLIAM H. ORRICK

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1128827/31713751v.1

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STIPULATION AND ORDER TO MODIFY CERTAIN CASE MANAGEMENT DATES
CASE NO. 3:16-CV-06634- WHO