Student A et al v. Berkeley Unified School District et al

Filing 111

STIPULATION AND ORDER re 110 STIPULATION WITH PROPOSED ORDER Scheduling Order Regarding Class Certification Deadlines filed by Student B, Student D, Student C, Student A. Class certification motion due 6/21/2019. Responses due by 7/12/2019 Replies due by 7/26/2019. Hearing on class certification motion set for 8/22/2019 at 2:00 PM in San Francisco, Courtroom 9, 19th Floor before Judge Jon S. Tigar. Signed by Judge Jon S. Tigar on January 3, 2019. (wsn, COURT STAFF) (Filed on 1/3/2019)

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ARLENE B. MAYERSON (SBN 79310)
[e-mail]
LARISA CUMMINGS (SBN 131076)
[e-mail]
DISABILITY RIGHTS EDUCATION
AND DEFENSE FUND, INC.
Ed Roberts Campus
3075 Adeline Street, Suite 210
Berkeley, CA 94703
Tel: [phone]
Fax: [phone]
[ADDITIONAL COUNSEL LISTED
ON NEXT PAGE]

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Attorneys for Plaintiffs
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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STUDENT A, by and through PARENT A, her
guardian; STUDENT B, by and through
PARENT B, his guardian; STUDENT C, by and
through PARENT C, his guardian; and
STUDENT D, by and through PARENT D, her
guardian, each one individually and on behalf of
all other similarly situated children,

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Plaintiffs,
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v.
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Case No. 3:17-cv-02510-JST
STIPULATION AND [PROPOSED]
SCHEDULING ORDER REGARDING
CLASS CERTIFICATION DEADLINES
Current Hearing:
Date:
April 11, 2019
Time:
2:00 p.m.
Courtroom:
9, 19th Floor
Judge:
Hon. Jon S. Tigar

THE BERKELEY UNIFIED SCHOOL
DISTRICT and THE BOARD OF EDUCATION
OF THE BERKELEY UNIFIED SCHOOL
Proposed Hearing:
DISTRICT,
Date:
August 22, 2019
Time:
2:00 p.m.
Defendants.
Courtroom:
9, 19th Floor
Judge:
Hon. Jon S. Tigar

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Action Filed:

May 2, 2017

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STIPULATION AND [PROPOSED] SCHEDULING ORDER REGARDING CLASS
CERTIFICATION DEADLINES CASE NO. 3:17-CV-02510-JST

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DEBORAH JACOBSON (SBN 278104)
[e-mail]
RAMAAH SADASIVAM (SBN 267156)
[e-mail]
JACOBSON EDUCATION LAW, INC.
1919 Addison Street, Suite 105
Berkeley, CA 94704
Tel: [phone]
Fax: [phone]

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BRENDAN E. RADKE (SBN 275284)
[e-mail]
ANJALI MOORTHY (SBN 299963)
[e-mail]
GOODWIN PROCTER LLP
Three Embarcadero Center
San Francisco, CA 94111
Tel: [phone]
Fax: [phone]
SHANE BRUN (SBN 179079)
[e-mail]
VENABLE LLP
101 California Street, Suite 3800
San Francisco, CA 94111
Tel: [phone]
Fax: [phone]
Attorneys for Plaintiffs
MARK POSARD (SBN: 208790)
[e-mail]
BEATRIZ BERUMEN (SBN: 271249)
[e-mail]
GORDON & REES SCULLY MANSUKHANI LLP
655 University Avenue, Suite 200
Sacramento, CA 95825
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendants
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STIPULATION AND [PROPOSED] SCHEDULING ORDER REGARDING CLASS
CERTIFICATION DEADLINES CASE NO. 3:17-CV-02510-JST

Plaintiffs Student A, B, C, and D (collectively, “Plaintiffs”) and Defendants The Berkeley

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Unified School District and The Board of Education of Berkeley Unified School District

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(collectively, “Defendants”), by and through their respective counsel, HEREBY STIPULATE and

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AGREE as follows:
WHEREAS, on November 9, 2017, the Court referred this litigation to a settlement

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conference before a magistrate judge (Dkt. 82), and the case was assigned to the Hon. Laurel

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Beeler for settlement;
WHEREAS, on March 27, 2018, the parties engaged in a settlement conference

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with Judge Beeler, but did not resolve their dispute at that time, agreeing to attend a second

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settlement conference and to an informal stay of discovery pending the second conference;
WHEREAS, on April 13, 2018, the parties and the Court participated in a

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telephone case management conference (Dkt. 97);
WHEREAS, on April 16, 2018, the parties’ second settlement conference with

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Judge Beeler was set for June 6, 2018;
WHEREAS, on April 17, 2018, the Court issued a scheduling order (Dkt. 98),

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establishing December 6, 2018, at 2:00 p.m. as the hearing on Plaintiffs’ class certification motion,

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with the opening brief being due October 5, 2018, opposition brief being due October 26, 2018,

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and reply brief being due November 9, 2018;
WHEREAS, on May 22, 2018, Judge Beeler rescheduled the June 6 settlement

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conference due to an unanticipated conflict (Dkt. 100), setting the conference for June 29, 2018

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(Dkt. 101);
WHEREAS, on June 22, 2018, Judge Beeler rescheduled the June 29, 2018

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settlement conference to October 9, 2018 (Dkt. 102);
WHEREAS, on September 20, 2018, the Court signed the parties’ Stipulation and

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[Proposed] Order, resetting the deadlines with respect to Plaintiffs’ class certification motion (Dkt.

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105);

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//

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//
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STIPULATION AND [PROPOSED] SCHEDULING ORDER REGARDING CLASS
CERTIFICATION DEADLINES CASE NO. 3:17-CV-02510-JST

WHEREAS, on October 9, 2018, the parties engaged in a settlement conference

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with Judge Beeler, but did not resolve their dispute at that time, agreeing to attend a third

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settlement conference;
WHEREAS, on October 12, 2018, Judge Beeler set the third settlement conference

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for December 12, 2018 (Dkt. 107);
WHEREAS, on December 12, 2018, the parties engaged in a settlement conference

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with Judge Beeler, but did not resolve their dispute at that time, agreeing to attend a fourth

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settlement conference;
WHEREAS, on December 12, 2018, Judge Beeler set a fourth settlement

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conference for February 28, 2019, along with a schedule for the exchange of materials and drafts

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of the parties’ settlement proposal (Dkt. 109);
WHEREAS, the parties have conferred and have agreed that, in light of the

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unanticipated continuance of the settlement conference to February 28, 2019, which is twenty (20)

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days after Plaintiffs’ opening brief on their class certification motion is due, the current class

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certification deadlines should be continued for a period of four months to allow settlement

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discussions to continue;
NOW, THEREFORE, the parties stipulate and propose the following scheduling order

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pertaining to Plaintiffs’ Motion for Class Certification:
1.

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The time for Plaintiffs to file their opening brief in support of the motion shall be

June 21, 2019.

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2.

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12, 2019.

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3.

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26, 2019.

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4.

The time for Defendants to file their brief in opposition to the motion shall be July

The time for Plaintiffs to file their reply brief in support of the motion shall be July

The date of the hearing shall be set for August 22, 2019.

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STIPULATION AND [PROPOSED] SCHEDULING ORDER REGARDING CLASS
CERTIFICATION DEADLINES CASE NO. 3:17-CV-02510-JST

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SO STIPULATED

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DATED: December 31, 2018

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Respectfully submitted,
By: /s/ Larisa Cummings
ARLENE B. MAYERSON (SBN 79310)
[e-mail]
LARISA CUMMINGS (SBN 131076)
[e-mail]
DISABILITY RIGHTS EDUCATION
AND DEFENSE FUND, INC.
Ed Roberts Campus
3075 Adeline Street, Suite 210
Berkeley, CA 94703
Tel: [phone]
Fax: [phone]
By: /s/ Deborah Jacobson
DEBORAH JACOBSON (SBN 278104)
[e-mail]
RAMAAH SADASIVAM (SBN 267156)
[e-mail]
JACOBSON EDUCATION LAW, INC.
1919 Addison Street, Suite 105
Berkeley, CA 94704
Tel: [phone]
Fax: [phone]

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By: /s/ Brendan Radke
BRENDAN E. RADKE (SBN 275284)
[e-mail]
ANJALI MOORTHY (SBN 299963)
[e-mail]
GOODWIN PROCTER LLP
Three Embarcadero Center
San Francisco, CA 94111
Tel: [phone]
Fax: [phone]
By: /s/ Shane Brun
SHANE BRUN (SBN 179079)
[e-mail]
VENABLE LLP
101 California Street, Suite 3800
San Francisco, CA 94111
Tel: [phone]
Fax: [phone]
Attorneys for Plaintiffs
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STIPULATION AND [PROPOSED] SCHEDULING ORDER REGARDING CLASS
CERTIFICATION DEADLINES CASE NO. 3:17-CV-02510-JST

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By: /s/ Beatriz Berumen
MARK POSARD (SBN: 208790)
[e-mail]
BEATRIZ BERUMEN (SBN: 271249)
[e-mail]
GORDON & REES SCULLY MANSUKHANI LLP
655 University Avenue, Suite 200
Sacramento, CA 95825
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants

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STIPULATION AND [PROPOSED] SCHEDULING ORDER REGARDING CLASS
CERTIFICATION DEADLINES CASE NO. 3:17-CV-02510-JST

[PROPOSED] SCHEDULING ORDER

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The Court hereby extends the following case deadlines:
Event

Current Deadline

New Deadline

Class certification motion due

February 8, 2019

June 21, 2019

Class certification opposition due

March 1, 2019

July 12, 2019

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Class certificate reply due

March 15, 2019

July 26, 2019

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Hearing on class certification motion

April 11, 2019

August 22, 2019

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Counsel may not modify these dates without leave of court. The parties shall comply with
the Court’s standing orders, which are available at cand.uscourts.gov/jstorders.
IT IS SO ORDERED.
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Dated: January __, 2019

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_______________________________
JON S. TIGAR
United States District Judge

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STIPULATION AND [PROPOSED] SCHEDULING ORDER REGARDING CLASS
CERTIFICATION DEADLINES CASE NO. 3:17-CV-02510-JST

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CIVIL L.R. 5-1 ATTESTATION
Pursuant to Civil Local Rule 5-1(i)(3), I hereby attest that concurrence in the filing of this
document has been obtained from each of the other Signatories.
/s/ Brendan Radke__________

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STIPULATION AND [PROPOSED] SCHEDULING ORDER REGARDING CLASS
CERTIFICATION DEADLINES CASE NO. 3:17-CV-02510-JST