Kennewick School District No. 17 v Monson

Filing 20

ORDER CONSOLIDATING CASES AND SETTING SCHEDULE. CASE CLOSED. Signed by Magistrate Judge James P. Hutton. (TR, Intake Clerk)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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Case No. CV-14-5048-JPH and
CV-14-5049-JPH
now:
CV-14-5048-JPH

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E.M. and S.M.,
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Plaintiffs-Appellants,
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ORDER CONSOLIDATING CASES
AND SETTING SCHEDULE

vs.
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ACTION REQUIRED
KENNEWICK SCHOOL DISTRICT,

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Defendant-Appellee.
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A telephonic scheduling conference was held in the above-entitled matters on

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November 19, 2014. Diane Wiscarson and Elizabeth Polay participated on behalf of

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Plaintiffs; Joni R. Kerr participated on behalf of Defendant. The parties have

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consented to proceed before a magistrate judge. ECF No. 9. The Court on its own

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motion ordered the cases consolidated and the parties stated they did not object.

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The Court, having reviewed the documents in the file and discussed the adoption of

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a scheduling order with counsel, now enters the following scheduling order:

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IT IS ORDERED:

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1. Pursuant to Rule 16 of the Federal Rules of Civil Procedure, this schedule

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“shall not be modified except upon a showing of good cause and by leave [of the

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Court].” Fed. R. Civ. P. 16(f) provides for sanctions for failure to obey the

ORDER

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Scheduling Order.

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2. The parties are reminded to follow all Federal and Local Rules, in

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particular, LR 7.1, which governs motion practice. The Court may choose to

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disregard any materials not timely filed and motions not noted for hearing in

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compliance with the rules.

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Local Rule 7.1(f) will be strictly enforced. Motions for leave to file an

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overlength brief must be filed and ruled on prior to filing the overlength brief.

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Overlength briefs will be allowed only when good cause is shown, and the number

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of pages requested should be included in any request.

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3. All discovery shall be completed on or before January 30, 2015. THE

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PARTIES SHALL FILE NO DISCOVERY EXCEPT THOSE PORTIONS

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NECESSARY TO SUPPORT MOTIONS. All written discovery shall be served no

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later than forty (40) days prior to the discovery cut-off date. Pursuant to LR 37.1(e),

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where there are circumstances necessitating and allowing for an immediate ruling on

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a discovery question which is not excessively complex or broad, the parties may

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obtain such a ruling by contacting the Court at 1-877-336-1828 Access code:

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3873484. The Court retains the discretion to require the filing of a formal written

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motion and a determination of the same pursuant to the requirements of LR 7.1.

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4. The case is referred for a settlement conference to be held Thursday,
February 5, 2015 in Yakima, Washington before a judge to be determined.

ORDER

5. Plaintiff-Appellants (parents and students) shall file an opening trial brief

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by February 23, 2015.
6.

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Defendant-Appellee (School District) shall file a response by March 9,

2015.

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7. Both parties may file an optional reply on or before March 23, 2015.

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8. A final pretrial conference shall be held telephonically Thursday, March

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26, 2015 at 11:00 a.m. The parties shall call the Court’s conference line at 1-877-

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336-1828 Access code: 3873484 at the time scheduled for the conference. The

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parties should advise the Court one week in advance if they believe that an in-person

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pretrial conference would be appropriate.
9. The bench trial shall commence at 9:00 a.m. on Monday, April 6, 2015
in Yakima, Washington. The parties estimate a trial length of 5 days.
The District Court Executive is directed to file this Order and provide copies
to counsel.
DATED this 19th day of November, 2014.

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S/ James P. Hutton

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JAMES P. HUTTON

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UNITED STATES MAGISTRATE JUDGE

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ORDER