C.G. v. Redding Christian School ( 2020 )

Jay T. Jambeck (SBN # 226018) 1 jjambeck@leighlawgroup.com Mandy G. Leigh (SBN # 225748) 2 mleigh@leighlawgroup.com Damien B. Troutman (SBN # 286616) 3 dtroutman@leighlawgroup.com LEIGH LAW GROUP, P.C. 4 870 Market St., Suite 1157 San Francisco, CA 94102 5 Office: (415) 399-9155 Fax: (415) 795-3733 6 Attorneys for Plaintiff 7 C.G. (a minor), by and through his Parents and Guardians ad Litem, DONALD and WENDY GRAHAM 8 Patrick L. Deedon, State Bar No. 245490 9 John R. Powell, State Bar No. 320187 MAIRE & DEEDON 10 2851 Park Marina Dr., #300 Post Office Drawer 994607 11 Redding, California 96099-4607 (530) 246-6050 I 246-6060 (fax) 12 pdeedon@maire-law.com jpowell@maire-law.com 13 Attorneys for Defendant 14 REDDING CHRISTIAN SCHOOL 15 IN THE UNITIED STATES DISTRICT COURT 16 FOR THE EASTERN DISTRICT OF CALIFORNIA 17 C.G. (a minor), by and through his Parents Case No.: 2:19-cv-00348-MCE-DMC 18 and Guardians ad Litem, DONALD and 19 WENDY GRAHAM, STIPULATION AND ORDER TO EXTEND 20 Plaintiff, DISCOVERY DEADLINES 21 v. 22 23 REDDING CHRISTIAN SCHOOL, and DOES 1-30, inclusive, 24 Discovery Deadline: February 27, 2020 25 Defendant. Trial Date: Not yet set 26 1 Pursuant to Fed. R. Civ. P. 16 and this Court’s Local Rules 143-44, Plaintiff C.G. 1 2 (“Plaintiff”) and Defendant REDDING CHRISTIAN SCHOOL (“Defendant”), by and through 3 their undersigned attorneys of record, hereby agree and stipulate as follows: 4 1. On February 27, 2019, the Court ordered the completion of all non-expert discovery by 5 Thursday, February 27, 2020. (See Dkt. # 4, 2:17-18). 6 2. In addition to written discovery, the parties have diligently taken discovery in this matter, 7 including completing the depositions of Plaintiff and his parents on January 8, 2020. The parties 8 mutually agree that additional discovery, including depositions taken by Plaintiff’s counsel of 9 10 Defendants’ decision-maker(s), are necessary before the non-expert discovery deadline to assess 11 the possibility of informal resolution, and to determine whether summary judgment motion 12 practice will be necessary. To facilitate the informal resolution talks and minimize any need to 13 utilize judicial resources, Plaintiff counsel granted Defendant an extension until February 11, 14 2020 to respond to written discovery requests served by Plaintiff’s counsel on December 24, 15 2019. 16 17 3. Accordingly, the parties stipulate and request amendment of the above-mentioned non- 18 expert discovery deadline to March 31, 2020. 19 4. The parties agree that “good cause” exists for the requested amendment. See Schaffner v. 20 Crown Equipment Corporation, 2011 WL 6303408, at *2 (N.D. Cal. Dec. 16, 2011) (citing 21 Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992) (stating that “good 22 cause” exists when a deadline “cannot reasonably be met despite the diligence of the party 23 seeking the extension.”); Hood v. Hartford Life & Accident Ins. Co., 567 F.Supp.2d 1221, 1224 24 25 (E.D. Cal. 2008) (providing that good cause is established by showing (1) diligence in assisting 26 2 the creation of a workable Rule 16 order; (2) noncompliance with a Rule 16 deadline occurred 1 2 or will occur, notwithstanding the parties’ diligence to comply, because of the development of 3 matters which could not have been reasonably foreseen or anticipated at the time of the Rule 16 4 scheduling conference; and (3) diligence in seeking amendment of the Rule 16 order, once it 5 became apparent that the parties could not comply with the order). 6 5. The parties do not discern any prejudice to themselves or the Court by these requested 7 extensions, as no trial date has been set. (See e.g., Dkt. # 4, 5:16-6:16). 8 9 6. Neither party has previously requested amendment of the scheduling order in this matter. 10 ACCORDINGLY, THE PARTIES STIPULATE AND RESPECTFULLY REQUEST 11 AMENDMENT OF THE SCHEDULING ORDER AS FOLLOWS: 12 a. Non-expert discovery cutoff: March 31, 2020 13 IT IS SO STIPULATED THROUGH COUNSEL: 14 Date: February 14, 2020 LEIGH LAW GROUP, P.C. 15 /s/ Damien B. Troutman 16 DAMIEN B. TROUTMAN Attorney for Plaintiff C.G. 17 Date: February 14, 2020 MAIRE & DEEDON 18 /s/ John R. Powell 19 PATRICK L. DEEDON JOHN R. POWELL 20 Attorney for Defendant REDDING CHRISTIAN SCHOOL 21 22 In accordance with the foregoing stipulation, IT IS SO ORDERED. 23 DATED: February 20, 2020 24 25 26 3