AMENDED STIPULATION AND ORDER RE: REVISING OF PRETRIAL SCHEDULING ORDER

MORRISON C. ENGLAND, Jr., District Judge.

This Stipulation is entered into by and between plaintiffs, TRISHIA PITTS, CARL PITTS, N.P., a minor by and through his guardian ad litem TRISHIA PITTS, by and through their counsel Peter W. Alfert, of Hinton Alfert PC, and Todd Boley and Zoya Yarnykh of Boley Law; and defendants, ROCKLIN UNIFIED SCHOOL DISTRICT CHARLES THIBIDEAU, BETTY JO WESSINGER, JANNA CAMERA, KEVIN BROWN, ROGER STOCK, and DR. TODD CUTLER, by and through their counsel, Carol Wieckowski of Evans, Wieckowski, Ward & Scoffield; and defendant SHERRY McDANIEL, by and through her counsel, Gregory P. O'Dea and Natasha Langenfeld of Longyear, O'Dea & Lavra, LLP.

The parties to this action hereby stipulate, by and through their respective undersigned counsel of record, as follows:

WHEREAS, the initial Pretrial Scheduling Order (Doc. 40) was previously modified on June 30, 2016, thereby extending fact discovery cut-off from October 17, 2016 to February 28, 2017. Expert discovery was extended to be completed by May 31, 2017, from the initial date of December 16, 2016 (See Doc. 91). "Completed" means that all discovery shall have been conducted so that all depositions have been taken and all disputes relative to discovery shall have been resolved. The parties stipulate that they will not be able to conduct all discovery needed by the current cutoff date due to potential additional plaintiffs (Doc. 79, motion currently pending), and there has been no discovery with respect to these proposed new plaintiffs. This Court, on its own motion, has taken this matter off trial calendar on November 2, 2016 (Doc. 96, text-only Minute Order).

Parties propose June 30, 2017 as a fact discovery cutoff date. Plaintiffs have been diligently responding to and pursuing discovery, and have engaged in numerous meet and confer efforts with defense counsel through letters and conference calls. Some depositions have been taken and completed, yet several remain outstanding, of both witnesses and Defendants, including Sherry McDaniel.

WHEREAS, the current expert disclosure deadline is May 31, 2017. The parties, in light of the requested fact discovery cutoff date, stipulate to continue the expert disclosure deadline accordingly, to September 29, 2017.

WHEREAS, the current last day to hear dispositive motions is April 13, 2017 (See Doc. 40). The parties, in light of the requested discovery cutoff dates above, stipulate to continue the last day to hear dispositive motions to December 29, 2017.

WHEREAS, a Settlement Conference is currently set for December 22, 2016 before the Honorable Edmund F. Brennan. The parties believe that this Settlement Conference may prove to be productive, given the current state of discovery, as well as the resolution of all of the Plaintiffs' cases except for the Pitts family, the only remaining active Plaintiffs in this matter.

The parties therefore respectfully request that the Court enter a Revised Pretrial Scheduling Order reflecting those dates.

IT IS SO STIPULATED:

ORDER

Pursuant to the stipulation of the parties, and good cause appearing, it is hereby ordered as follows:

Fact discovery cutoff is continued to June 30, 2017. Expert disclosure deadline is continued to September 30, 2017. The last day to file dispositive motions is continued to December 29, 2017. The deadline to file dispositive motions is continued to The Settlement Conference date remains unchanged.

IT IS SO ORDERED.