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

Filing 52

STIPULATION AND ORDER re 51 STIPULATION WITH PROPOSED ORDER (Stipulation Setting and Continuing Briefing Schedule and Hearing on Defendants' Motion to Dismiss Plaintiffs' Complaint) filed by Student B, Student D, Student C, Student A. Signed by Judge Jon S. Tigar on June 28, 2017. (wsn, COURT STAFF) (Filed on 6/28/2017)

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ARLENE B. MAYERSON (SBN 79310)
[e-mail]
LARISA CUMMINGS (SBN 131076)
[e-mail]
RAMAAH SADASIVAM (SBN 267156)
[e-mail]
DISABILITY RIGHTS EDUCATION
AND DEFENSE FUND, INC.
Ed Roberts Campus
3075 Adeline Street, Suite 210
Berkeley, CA 94703
Tel: [phone]
Fax: [phone]

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[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,
Plaintiffs,

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v.
THE BERKELEY UNIFIED SCHOOL
DISTRICT; DONALD EVANS, in his official
capacity as the Superintendent for the Berkeley
Unified School District; BEATRIZ LEYVACUTLER, TY ALPER, JUDY APPEL, JOSH
DANIELS, and KAREN HEMPHILL, each in
his or her official capacity as a director of the
Berkeley Unified School District Board of
Education; THE BOARD OF EDUCATION OF
THE BERKELEY UNIFIED SCHOOL
DISTRICT,

Case No. 3:17-cv-02510-JST
STIPULATION SETTING AND
CONTINUING BRIEFING SCHEDULE
AND HEARING ON DEFENDANTS’
MOTION TO DISMISS PLAINTIFFS’
COMPLAINT
CLASS ACTION
Current Hearing
Date:
Time:
Courtroom:
Judge:
Proposed New
Date:

August 10, 2017
2:00 p.m.
9, 19th Floor
Hon. Jon S.
Tigar
Aug. 24, 2017

Defendants.

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STIPULATION SETTING AND CONTINUING BRIEFING SCHEDULE AND HEARING ON
DEFENDANTS’ MOTION TO DISMISS PLAINTIFFS’ COMPLAINT
CASE NO. 3:17-CV-02510-JST

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DEBORAH JACOBSON (SBN 278104)
[e-mail]
JACOBSON EDUCATION LAW, INC.
1919 Addison Street, Suite 105
Berkeley, CA 94704
Tel: [phone]
Fax: [phone]
SHANE BRUN (SBN 179079)
[e-mail]
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]

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STIPULATION SETTING AND CONTINUING BRIEFING SCHEDULE AND HEARING ON
DEFENDANTS’ MOTION TO DISMISS PLAINTIFFS’ COMPLAINT
CASE NO. 3:17-CV-02510-JST

Pursuant to Civil Local Rules 6-1, 6-2 and 7-12, Plaintiffs Student A, B, C, and D

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(collectively, “Plaintiffs”) and Defendants The Berkeley Unified School District, Donald Evans, in

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his official capacity as the Superintendent for the Berkeley Unified School District; Beatriz Leyva-

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Cutler, Ty Alper, Judy Appel, Josh Daniels, and Karen Hemphill, each in his or her official

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capacity as a director of the Berkeley Unified School District Board of Education; and The Board

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of Education of Berkeley Unified School District (collectively, “Defendants”), by and through

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their respective counsel, HEREBY STIPULATE and AGREE as follows:
WHEREAS, Plaintiffs filed their Complaint for Injunctive and Declaratory Relief

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against Defendants (“Complaint”) (Dkt. 1) on May 2, 2017 in the United States District Court,

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Northern District of California, which was initially assigned Case No. 3:17-cv-02510-MEJ, and

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which was subsequently assigned to the Honorable Jon S. Tigar on June 21, 2017 (Dkt. 49);
WHEREAS, on May 29, 2017, Defendants requested and Plaintiffs agreed to a 20-

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day extension of time, to and including June 19, 2017, within which to file Defendants’ responsive

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pleading.
WHEREAS, on May 30, 2017, Defendants filed a stipulation requesting the above-

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referenced 20-day extension of time, to and including June 19, 2017, within which to file

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Defendants’ responsive pleading to Plaintiffs’ Complaint (Dkt. 38).

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WHEREAS, on June 19, 2017 (Dkt. 46), Defendants filed their Notice of Motion

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and Motion to Dismiss [FRCP 12(b)(1) and (6)] (“Motion to Dismiss”), which is currently set for

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hearing on August 10, 2017, the opposition to which is currently due on July 3, 2017, and to

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which a reply is due on June 10, 2017;
WHEREAS, no prior extension of time in which to respond or continue the briefing

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schedule and hearing date for the Motion to Dismiss (Dkt. 46) has been requested by parties; and
WHEREAS, the extension of time to respond and continue the briefing schedule

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and hearing date to the Motion to Dismiss, agreed upon by the parties, will not alter or affect any

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event or deadline fixed by the Court at this time.

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///

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STIPULATION SETTING AND CONTINUING BRIEFING SCHEDULE AND HEARING ON
DEFENDANTS’ MOTION TO DISMISS PLAINTIFFS’ COMPLAINT
CASE NO. 3:17-CV-02510-JST

NOW, THEREFORE, the parties stipulate and agree as follows:

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1.

The time for Plaintiffs to file their Opposition to Defendants’ Motion to Dismiss

shall be extended by ten (10) days, to and including July 13, 2017.
2.

The time for Defendants to file their Reply in Support of their Motion to Dismiss

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shall be extended by five (5) days based on the modified July 13, 2017 Opposition Filing Date, to

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and including July 25, 2017.

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3.

The date of the hearing shall be extended by fourteen (14) days, and shall be set for

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August 24, 2017.

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DATED: June 27, 2017

Respectfully submitted,

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By: /s/ Larisa Cummings
ARLENE B. MAYERSON (SBN 79310)
[e-mail]
LARISA CUMMINGS (SBN 131076)
[e-mail]
RAMAAH SADASIVAM (SBN 267156)
[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]
JACOBSON EDUCATION LAW, INC.
1919 Addison Street, Suite 105
Berkeley, CA 94704
Tel: [phone]
Fax: [phone]
By: /s/ Shane Brun
SHANE BRUN (SBN 179079)
[e-mail]
BRENDAN E. RADKE (SBN 275284)
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STIPULATION SETTING AND CONTINUING BRIEFING SCHEDULE AND HEARING ON
DEFENDANTS’ MOTION TO DISMISS PLAINTIFFS’ COMPLAINT
CASE NO. 3:17-CV-02510-JST

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[e-mail]
ANJALI MOORTHY (SBN 299963)
[e-mail]
GOODWIN PROCTER LLP
Three Embarcadero Center
San Francisco, CA 94111
Tel: [phone]
Fax: [phone]

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Attorneys for Plaintiffs

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DATED: June 27, 2017

Respectfully submitted,
By: /s/ Beatriz Berumen
MARK POSARD (SBN: 208790)
[e-mail]
ALYSON CABRERA (SBN: 222717)
[e-mail]
BEATRIZ BERUMEN (SBN: 271249)
[e-mail]
GORDON & REES LLP
655 University Avenue, Suite 200
Sacramento, CA 95825
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendants

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PURSUANT TO STIPULATION, IT IS SO ORDERED

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Dated: June 28, 2017

______________________________________
HON. JON S. TIGAR
UNITED STATES DISTRICT JUDGE

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STIPULATION SETTING AND CONTINUING BRIEFING SCHEDULE AND HEARING ON
DEFENDANTS’ MOTION TO DISMISS PLAINTIFFS’ COMPLAINT
CASE NO. 3:17-CV-02510-JST