STIPULATION AND ORDER TO CONTINUE FACT AND EXPERT DISCOVERY CUTOFF

WILLIAM H. ORRICK, District Judge.

STIPULATION

Defendant SANTA ROSA CITY SCHOOLS (the "DISTRICT") and plaintiff JANE DOE NO. 59 by and through their respective attorneys of record, hereby stipulate as follows:

1. The Court assigned a Fact Discovery cutoff date of February 14, 2017. Trial is set for August 14, 2017.

2. The Parties were originally assigned a settlement conference date of November 30, 2016 with Magistrate Judge Maria-Elena James. On November 28, 2016, Magistrate James granted the parties' request to continue the settlement conference to January 20, 2017 due to the unavailability of persons with settlement authority on behalf of the DISTRICT. On January 19, 2017, Magistrate James vacated the settlement conference due to concerns regarding protests at the Federal Courthouse. The settlement conference was then re-set for February 9, 2017. The case did not settle at that time, and a further settlement conference has been set for June 12, 2017 with Magistrate James.

3. The Parties had intended to minimize the costs and expenses of litigation by engaging in limited discovery before the settlement conference. Because the case did not resolve at the settlement conference, both parties require additional time to complete discovery.

4. The DISTRICT intends to conduct the following further discovery: (1) complete the deposition of Mother DOE; (2) depose Father DOE; (3) depose DOE's school and private counselors; (4) depose further witnesses; (5) conduct a psychological examination of DOE (which plaintiff's counsel has stipulated to); and (6) propound additional written discovery.

DOE intends to conduct the following further discovery: (1) depose Defendant's District Representative(s) in accordance with Rule 30(b)(6); (2) depose further fact witnesses; (3) review Defendant's forthcoming responses to Plaintiff's discovery requests; and (4) conduct potential additional discovery necessitated by forthcoming responses to Plaintiff's discovery requests.

6. The parties therefore respectfully request that the Court extend the Fact Discovery cutoff date 60 days to April 10, 2017. This extension will not affect the trial date or any other dates previously set by the Court. In fact, the parties' stipulation of extending the Fact Discovery cutoff is contingent on such an extension not affecting the trial date.

7. Further, Plaintiff's Motion to Compel Production of Complete Juvenile Case File for C.E. (DE 54) is still pending. In the event this Court grants Plaintiff's unopposed Motion, Plaintiff anticipates that the production of the Case File may provide for further discovery, as well.

8. Expert Disclosure is currently set for March 14, 2017. Expert rebuttal is set for April 14, 2017. Expert discovery cutoff is set for May 15, 2017.

9. The parties respectfully request that the Court extend the Expert Discovery deadlines 30 days as follows: (1) Expert Disclosure: April 14, 2017; (2) Expert rebuttal: May 15, 2017; (3) Expert Discovery cutoff: June 15, 2017. This extension will not affect the trial date or any other dates previously set by the Court. In fact, the parties' stipulation of extending the Discovery cutoff is contingent on such an extension not affecting the trial date.

10. The parties respectfully request that the Court approve this stipulation and incorporate its terms in an Order.

ATTORNEY ATTESTATION

I hereby attest that I have on file all holograph signatures for any signatures indicated by a conformed signature ("/s/") within this E-filed document or have been authorized by all parties to show their signature on this document as/s/.

ORDER

GOOD CAUSE APPEARING THEREFORE, and the parties' having stipulated to the same, the parties' stipulation is hereby APPROVED. The Fact Discovery cutoff currently set for February 14, 2017 is continued 60 days to April 10, 2017. This extension will not alter or affect the trial date or any other dates previously set by the Court.

Expert Discovery deadlines are continued 30 days as follows: (1) Expert Disclosure: April 14, 2017; (2) Expert rebuttal: May 15, 2017; (3) Expert Discovery cutoff: June 15, 2017. This extension will not affect the trial date or any other dates previously set by the Court.

IT IS SO ORDERED.