Free Motion for Miscellaneous Relief - District Court of California - California

Case 3:08-cv-00412-L-JMA

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Filed 08/25/2008

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SUE ANN SALMON EVANS, State Bar No. 151562 [email protected] DEBORAH L. UNGAR, State Bar No. 207763 [email protected] ANAHID HOONANIAN, State Bar No. 196679 [email protected] MILLER BROWN & DANNIS 301 East Ocean Boulevard, Suite 1750 Long Beach, CA 90802 Telephone: (562) 366-8500 Facsimile: (562) 366-8505 Attorneys for Defendant Encinitas Union School District UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

B.M., a minor by and through R.M., Plaintiff, v. Encinitas Union School District, Defendant. Encinitas Union School District, Counterclaimant, v. B.M., a minor by and through R.M., R.M and N.M., Counterdefendants.

Case No. 08 CV 412 L JMA JOINT MOTION TO SET BRIEFING SCHEDULE [FILED CONCURRENTLY WITH [PROPOSED] ORDER Date: Dept : Judge : March 23, 2009 Courtroom 14 Honorable M. James Lorenz

Complaint Filed: March 4, 2008 Cross complaint Filed: March 26, 2008

Plaintiff and Counterdefendant B.M., a minor, by and through R.M. ("Plaintiff") and Defendant and Counterclaimant Encinitas Union School District's ("District" of "Defendant") (collectively referred to as "Parties") propose the following Briefing Schedule:

1 JOINT MOTION TO SET BRIEFING SCHEDULE

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The Parties reserve the right to have a jury trial on the Counterclaim. The District submits that the case related to the Counterclaim will not be ready for trial before March 19, 2008. The Parties' preliminary trial estimate for the Counterclaim is approximately 3 to 5 days. The parties submit that the administrative appeal should be determined based upon briefs and a hearing on the administrative record, rather than as set forth in Schedule of Trial and PreTrial Dates. Magistrate Adler agrees with this proposal and directed the parties to confer with this Court. Plaintiff's Opening Brief filed and served on or before December 15, 2008; Defendant's Brief filed and served within sixty (60) days of service of the Opening Brief or by February 13, 2009; Plaintiff's Reply Brief filed and served within twenty (20) days of service of the District's Brief or by March 5, 2009; Hearing on the Briefs heard on March 23, 2009 in Department 14. DATED: August 25, 2008 MILLER BROWN & DANNIS SUE ANN SALMON EVANS DEBORAH L. UNGAR ANAHID HOONANIAN

By: /s Anahid Hoonanian SUE ANN SALMON EVANS DEBORAH L. UNGAR ANAHID HOONANIAN Attorneys for Defendant Encinitas Union School District DATED: ________, 2008 ROBERTS & ADAMS TIMOTHY A. ADAMS, ESQ. DREW MASSEY, ESQ. ATTORNEYS AT LAW

By: See attached signature page. DREW MASSEY, ESQ. Attorneys for Plaintiff and Counterdefendants B.M., a minor by and through R.M. and N.M.

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PROOF OF SERVICE STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) ) ) ss.

I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action; my business address is: 301 East Ocean Boulevard, Suite 1750, Long Beach, CA 90802. On the date set forth below I served the foregoing document described as JOINT MOTION TO SET BRIEFING SCHEDULE on interested parties in this action by placing true copies thereof enclosed in sealed envelopes addressed as follows: SEE ATTACHED SERVICE LIST (VIA U.S. MAIL) I caused such document to be placed in the U.S. Mail at Long Beach, California with postage thereon fully prepaid. I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. It is deposited with the U.S. Postal Service on that same day in the ordinary course of business. I am aware that on motion of party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. (VIA FACSIMILE) I caused such document to be transmitted via facsimile to the addressee from the facsimile machine of Miller Brown & Dannis whose phone number is (562) 366-8505. The transmission by facsimile was reported as complete and without error BY ELECTRONIC SERVICE: I caused the above-entitled document to be sent to Tim Adams of Roberts & Adams, lead counsel for plaintiffs and counterdefendant, via eservice at the recipient's office. This service complies with C.C.P. § 1010.6. (VIA OVERNIGHT MAIL) I caused such envelope to be deposited at an authorized "drop off" box on that same day with delivery fees fully provided for at 301 East Ocean Boulevard, Suite 1750, Long Beach, CA 90802, in the ordinary course of business. (STATE) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. (FEDERAL) I declare that I am employed in the office of a member of the bar of this court at whose direction this service was made.

Executed on August 25, 2008 at Long Beach, California. Anahid Hoonanian Type or Print Name s/Anahid Hoonanian Signature

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Service List Tim Adams Drew Massey Jennifer Jean Kropke Roberts & Adams 20042 Beach Blvd., Huntington Beach, CA 92648

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