R. et al v. Oakland Unified School District et al

Filing 29

STIPULATION AND ORDER GRANTING re 28 Stipulation, filed by R. R., Gary Yee, Oakland Unified School District, Roslyn Rucker. Signed by Magistrate Judge Kandis A. Westmore on 1/2/14. (sisS, COURT STAFF) (Filed on 1/3/2014)

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andis W
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ORDER

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70 Washington Street, Suite 205
Oakland, California 94607
Main: 510-550-8200 • Fax: [phone]

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Fagen Friedman & Fulfrost, LLP

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IT IS S

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6 Attorneys for OAKLAND UNIFIED SCHOOL
DISTRICT and GARY YEE
7
Sheila L. Brogna, J.D.
8 Patricia Siehl, J.D.
SF CHILDRENS LAW
9 440 Hoffman Avenue
San Francisco, CA 94014
10 415-317-2508 FAX: [phone]
[e-mail]
11
Attorneys for Petitioner, Roslyn Rucker
12 and R.R., a minor

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1 FAGEN FRIEDMAN & FULFROST, LLP
Lenore Silverman, SBN 146112
2 [e-mail]
David Mishook, SBN 273555
3 [e-mail]
70 Washington Street, Suite 205
4 Oakland, California 94607
Phone: [phone]
5 Fax: [phone]

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D IS T IC T O
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION

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16 R.R., by and through his parent ROSLYN
RUCKER,
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Plaintiffs,
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vs.
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OAKLAND UNIFIED SCHOOL DISTRICT;
20 and GARY YEE, Individually and in his
Capacity as Superintendent of the Oakland
21 Unified School District,
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CASE NO. 4:13-cv-5069 (KAW)
STIPULATED REQUEST FOR ORDER
CHANGING TIME (Civ. L.R. 6-2)
Filed Concurrently with Declaration of David
R. Mishook
The Hon. Kandis A. Westmore
Trial Date:

None Set

Defendants.

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1. On December 12, 2013, Plaintiffs Filed their Motion/Request for Preliminary

25 Injunction to Enforce “Stay-Put” Provisions with this Court (“Stay-Put Motion”), DKT#26;
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2. Plaintiffs noticed their Stay-Put Motion to be heard on January 16, 2014,

27 concurrently with Defendants’ Rule 12 Motion to Dismiss;
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3. Pursuant to Civil Local Rule 7-3, the time for the filing of Defendants’ Opposition
4:13-cv-5069 (KAW)
MOTION FOR ADMINISTRATIVE RELIEF PURSUANT TO CIVIL L.R. 7-11 AND MOTION TO SHORTEN
TIME PURSUANT TO CIVIL L.R. 6-3

1 to the Stay-Put Motion was December 26, 2013 and the time for the filing of Plaintiffs’ Reply is
2 January 2, 2014;
3

4. On December 31, 2013, Defendants’ counsel learned that he had mis-calendared

4 the date for the filing of Defendants’ Opposition with this Court for January 2, 2014;
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5. Upon learning of this mistake, Defendants’ counsel contacted counsel for Plaintiffs

6 to seek a stipulated request for an order changing time pursuant to Civil Local Rule 6-2;
7

6. Plaintiffs’ counsel graciously agreed with Defendants’ request for a stipulation;

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7. Neither party believes Plaintiffs to be prejudiced by this request for an order

9 changing time;
8. The parties desire to have their respective motions considered by this Court on

11 January 16, 2014, as previously calendared;
70 Washington Street, Suite 205
Oakland, California 94607
Main: 510-550-8200 • Fax: [phone]

Fagen Friedman & Fulfrost, LLP

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12

9. The parties, further, believe that any order changing time will still allow the Court

13 sufficient opportunity to consider the Plaintiffs’ moving papers, Defendants’ opposition and
14 Plaintiffs’ reply.
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NOW, THEREFORE, THE PARTIES HEREBY STIPULATE AND REQUEST AN

16 ORDER OF THE COURT THAT:
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1. The time for filing of the Defendants’ Opposition to Plaintiffs’ Stay-Put Motion

18 will be December 31, 2013; and
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2. The time for the filing of Plaintiffs’ Reply in support of the Stay-Put Motion will be

20 January 6, 2014.
21 DATED: December 31, 2013

FAGEN FRIEDMAN & FULFROST, LLP

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By:
/s/ David Mishook
David Mishook
Attorneys for OAKLAND UNIFIED SCHOOL
DISTRICT and GARY YEE

25 DATED: December 31, 2013

SF CHILDREN’S LAW

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By:
/s/ Sheila Brogna
Sheila Brogna
Attorneys for R.R. and Roslyn Rucker

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00319-00181/540032.1

4:13-cv-5069 (KAW)
2
MOTION FOR ADMINISTRATIVE RELIEF PURSUANT TO CIVIL L.R. 7-11 AND MOTION TO SHORTEN
TIME PURSUANT TO CIVIL L.R. 6-3