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Walsh v. Tehachapi Unified School District

United States District Court, Ninth Circuit

January 28, 2014

WENDY WALSH, individually and as Successor-in-Interest to SETH WALSH, Deceased; and Sh.W., a minor, by his Guardian ad Litem, WENDY WALSH, Plaintiffs,
v.
TEHACHAPI UNIFIED SCHOOL DISTRICT; SUPERINTENDENT SWANSON; SUSAN ORTEGA; MR. KAMINSKY; MS. KIRBY; MS. HAIGHT; MRS. KABONIC; MR. FEEHAN; and DOES 1 through 100, Inclusive, Defendants.

Daniel Rodriguez, Esq., Joel T. Andreesen, Esq., John A. Kawai, Esq., RODRIGUEZ & ASSOCIATES, Bakersfield, CA Attorneys for Plaintiffs WENDY WALSH, individually and as Successor-in-Interest to SETH WALSH, Deceased.

ROBINSON & KELLAR MICHAEL C. KELLAR Attorney for Defendants, TEHACHAPI UNIFIED SCHOOL DISTRICT, SUSAN ORTEGA, and PAUL KAMINSKI POLLAK, VIDA & FISHER

POLLAK, VIDA & FISHER DANIEL P. BARER Attorneys for Defendants, TEHACHAPI UNIFIED SCHOOL DISTRICT, SUSAN ORTEGA, and PAUL KAMINS

STIPULATION TO AMEND THE SCHEDULING ORDER TO CONTINUE THE SETTLEMENT CONFERENCE AND PRETRIAL CONFERENCE; ORDER THEREON (Do.c. 65)

JENNIFER L. THURSTON, Magistrate Judge

STIPULATION

1. Undersigned counsel for Plaintiff, WENDY WALSH, and undersigned counsel for Defendants, TEHACHAPI UNIFIED SCHOOL DISTRICT, SUSAN ORTEGA, and PAUL KAMINSKI, all of the parties who have appeared and remain in this action, hereby stipulate and agree as follows:

2. WHEREAS:

• On October 30, 2013, the parties submitted a Stipulation requesting that the Court continue the Settlement Conference from November 7, 2013 to a date at which the parties expected to have received ruling on Defendants' Motion for Partial Summary Judgment in this case. [Doc. 55]
• By Order of this Court dated November 4, 2013, the Settlement Conference was set for February 5, 2014 at 10:00 a.m. [Doc. 56]
• Defendants' Motion for Partial Summary Judgment was set for hearing on December 16, 2013. The matter was submitted, and the hearing was vacated by Order of the Court per Local Rule 230(g). [Doc. 61]
• By Order of the Court dated January 15, 2014, the Court requested further briefing from the parties, with Plaintiff to file her brief by January 24, 2014, and Defendants to file a response by January 30, 2014. [Doc. 63]
• Until the Court has ruled on this Motion for Partial Summary Judgment, the parties do not believe that settlement negotiations in this case will bear fruit; and
• The parties believe these grounds constitute good cause for a continuance of the Settlement Conference to a date by which Defendants' Motion for Partial Summary Judgment may reasonably be expected to have been ruled on, such as early March of 2014.
• The parties also believe these grounds constitute good cause for a continuance of the Pretrial Conference in this matter by a similar amount of time, for example, to late March of 2014.
• The parties believe that with such modifications, the trial date of April 29, 2014, may be preserved.

3. Undersigned counsel stipulate and agree to request that the Court enter an Order amending the scheduling order in this case, such that:

• The settlement conference shall take place in early March of 2014, according to the Court's schedule.
• The Pretrial Conference shall take place in late March of 2014, according to the Court's schedule.

ORDER

The parties having stipulated, and good cause appearing, the Court ORDERS:

1. The stipulation to amend the scheduling order is GRANTED as follows:

a. The Settlement Conference SHALL take place on February 24, 2014 at 9:00 a.m. at the United States Courthouse, located at 510 19th Street, Bakersfield, CA;
b. The Pretrial Conference SHALL take place on March 13, 2014 at 8:30 a.m. in Courtroom 4 before Judge O'Neill.

No other amendments to the schedule are authorized.

IT IS SO ORDERED.


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