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Covington v. Yuba City Unified School Dist.

November 5, 2009

WALTER COVINGTON, ET AL., PLAINTIFFS,
v.
YUBA CITY UNIFIED SCHOOL DISTRICT, DEFENDANT.



The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge

AMENDED PRETRIAL SCHEDULING ORDER

After reviewing Defendant's Request for Clarification of the Court's August 6, 2009 Pretrial Scheduling Order, the Court amends its Pretrial Scheduling Order as follows.

I. SERVICE OF PROCESS

All named Defendants have been served and no further service is permitted without leave of court, good cause having been shown.

II. ADDITIONAL PARTIES/AMENDMENTS/PLEADINGS

No joinder of parties or amendments to pleadings is permitted without leave of court, good cause having been shown.

III. JURISDICTION/VENUE

Jurisdiction is predicated upon 20 U.S.C. section 1415(i)(2). Jurisdiction and venue are not contested.

IV. DISCOVERY

This case is governed by IDEA, therefore, all evidence for trial will be limited to the administrative record. The parties may move to admit evidence outside the administrative record. Defendants shall provide Plaintiff a copy of the entire administrative record within 60 days of the date of this Pretrial Scheduling Order. The filing of the written administrative record shall be filed not later than January 11, 2010. Should the parties wish to supplement the existing record, such motion must be filed not later than January 11, 2010.

V. MOTION HEARING SCHEDULE

The parties have informed the Court that they hope to adjudicate this matter by way of cross-motions for summary judgment. Such cross-motions will be permitted for simultaneous hearing by the Court. The parties are directed to coordinate a mutually acceptable hearing date in this regard not later than June 10, 2010. The parties are responsible for ensuring that all motions are filed to allow for proper notice of the hearing under the Federal Rules of Civil Procedure and/or Local Rules. Available hearing dates may be obtained by calling Stephanie Deutsch, Courtroom Deputy Clerk, at (916) 930-4207.

All purely legal issues are to be resolved by timely pretrial motions. Local Rule 78-230 governs the calendaring and procedures of civil motions with the following additions:

(a) The opposition and reply must be filed by 4:00 p.m. on the day due; and

(b) When the last day for filing an opposition brief falls on a legal holiday, the opposition brief shall be filed on the last court day ...


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