THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
July 15, 2010
G.W., BY AND THROUGH HIS PARENTS AND GUARDIANS AD LITEM, K.W. AND M.W., AND K.W. AND M.W. INDIVIDUALLY, PLAINTIFFS,
BUCKEYE UNIFIED SCHOOL DISTRICT DEFENDANT.
The opinion of the court was delivered by: Morrison C. England, JR United States District Judge
STIPULATION TO EXTEND MOTION FOR SUMMARY JUDGMENT SCHEDULE; ORDER
Pursuant to Federal Rules of Civil Procedure (F.R.C.P.) Rule 78 and Local Rule 230 and F.R.C.P. Rule 6 and Local Rule 144, the parties hereby request that the Motion for Summary Judgment schedule be extended.
Plaintiffs G.W., K.W. and M.W. (Plaintiffs) along with Defendant Buckeye Unified School District (Defendant), hereby stipulate and agree to the following:
1. On June 14, 2010, the parties and their attorneys attended a mediation session with Elaine Talley, a mediator experienced in special education issues. Although the case was not settled at mediation, the parties have continued to work towards resolving the dispute.
2. On or about July 2, 2010, Plaintiffs, through their attorney of record received a new settlement offer from Defendants. In light of this new offer, Plaintiffs will meet with their attorneys in order to make a fully informed decision and as to whether to accept the terms of the new settlement offer. This meeting is scheduled to occur on July 13, 2010.
3. Given the above circumstances, the parties wish to extend the briefing schedule by 1 week in an effort to pursue settlement and avoid additional unnecessary expenses.
4. The following dates are currently set in this matter: Plaintiffs Motion for Summary Judgment (MSJ) is due on July 19, 2010. Defendant's opposition and cross-motion is due on August 9, 2010. The administrative record is due to be filed on July 19, 2010. Plaintiff's reply and opposition is due on August 23, 2010. Defendant's reply is due on September 7, 2010. A hearing on the motions is scheduled for September 14, 2010.
5. The parties hereby request that Plaintiffs MSJ and the administrative record be due on July 26, 2010; Defendant's opposition and cross-motion be due on August 16, 2010; Plaintiff's reply and opposition be due on August 27, 2010; Defendant's reply be due on the previously scheduled date of September 7, 2010 and a hearing on the motions shall occur on the previously scheduled date of September 14, 2010.
Respectfully Submitted, LOUGHREY & ASSOCIATES
Dated: July 14, 2010
Tamara Loughrey Justin Arnold Attorneys for Plaintiffs
GUTIERREZ LAW GROUP
Dated: July 14, 2010
Marcy Gutierrez Attorney for Defendant
Good cause appearing therefore,
Plaintiffs MSJ and the administrative record shall be filed no later than July 26, 2010; Defendant's opposition and cross-motion shall be filed no later than August 16 2010; Plaintiff's reply and opposition shall be filed no later than August 27, 2010; Defendant's reply shall be filed no later than September 7, 2010 and the hearing take place on September 14, 2010.
It is so ordered.
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