Opinion
2:19-cv-01768-TLN-KJN
09-27-2021
BLACK PARALLEL SCHOOL BOARD; S.A., by and through his Next Friend, AMY A.; K.E., by and through his Next Friend, JENNIFER E.; C.S., by and through his General Guardian, SAMUEL S.; on behalf of themselves and all others similarly situated, Plaintiffs, v. SACRAMENTO CITY UNIFIED SCHOOL DISTRICT; JORGE A. AGUILAR, Superintendent for Sacramento City Unified School District; CHRISTINE A. BAETA, Chief Academic Officer for the Sacramento City Unified School District; JESSIE RYAN, DARREL WOO, MICHAEL MINNICK, LISA MURAWSKI, LETICIA GARCIA, CHRISTINA PRITCHETT, and MAI VANG, members of the Sacramento City Unified School District Board of Education; THE BOARD OF EDUCATION OF SACRAMENTO CITY UNIFIED SCHOOL DISTRICT, Defendants.
EVA PATERSON (SBN: 67081) MONA TAWATAO (SBN: 128779) ALEXANDRA SANTA ANA (SBN: 317852) Equal Justice Society MELINDA BIRD (SBN: 102236) Disability Rights California ATTORNEYS FOR PLAINTIFFS (Additional Attorneys Listed on Final Page) ADDITIONAL ATTORNEYS FOR PLAINTIFFS (cont'd. from first page) RAMAAH SADASIVAM (SBN: 267156) BRIDGET CLAYCOMB (SBN: 312001) LAUREN LYSTRUP (SBN: 326849) Disability Rights California MICHAEL HARRIS (SBN: 118234) ATASI UPPAL (SBN: 330716) National Center for Youth Law ANTIONETTE DOZIER (SBN: 244437) RICHARD ROTHSCHILD (SBN: 67356) Western Center on Law and Poverty ATTORNEYS FOR DEFENDANTS SLOAN R. SIMMONS (SBN: 233752) ALYSSA R. BIVENS (SBN: 308331)
Action Filed: September 5, 2019
EVA PATERSON (SBN: 67081)
MONA TAWATAO (SBN: 128779)
ALEXANDRA SANTA ANA (SBN: 317852)
Equal Justice Society
MELINDA BIRD (SBN: 102236)
Disability Rights California
ATTORNEYS FOR PLAINTIFFS (Additional Attorneys Listed on Final Page)
ADDITIONAL ATTORNEYS FOR PLAINTIFFS (cont'd. from first page)
RAMAAH SADASIVAM (SBN: 267156)
BRIDGET CLAYCOMB (SBN: 312001)
LAUREN LYSTRUP (SBN: 326849)
Disability Rights California
MICHAEL HARRIS (SBN: 118234)
ATASI UPPAL (SBN: 330716)
National Center for Youth Law
ANTIONETTE DOZIER (SBN: 244437)
RICHARD ROTHSCHILD (SBN: 67356)
Western Center on Law and Poverty
ATTORNEYS FOR DEFENDANTS
SLOAN R. SIMMONS (SBN: 233752)
ALYSSA R. BIVENS (SBN: 308331)
NOTICE OF JOINT MOTION AND JOINT MOTION FOR FURTHER EXTENSION OF STAY OF LITIGATION; AND ORDER
Troy L Nunley United States District Judge
NOTICE OF JOINT MOTION AND MOTION TO FURTHER EXTEND THE STAY
TO THE HONORABLE COURT:
PLEASE TAKE NOTICE Plaintiffs Black Parallel School Board as well as S.A., K.E., and C.S. (“Plaintiffs”), by and through their guardians, and Defendants Sacramento City Unified School District, et al. (the “District”) (collectively with Plaintiffs, “Parties”), through their respective counsel of record, hereby jointly move this Court for a further extension of the stay of this litigation for an additional four months, to February 4, 2022, so that the Parties may engage in agreed-upon structured settlement negotiations, as set forth below.
As the Parties jointly move for the requested stay and agree on the propriety and scope of same, the Parties do not believe argument or appearance is necessary for the Court to consider the requested further stay, but are prepared to appear if the Court so orders.
STATEMENT OF FACTS
The Parties hereby stipulate to the following facts:
1. Plaintiffs filed their Complaint and initiated the instant action on September 5, 2019. (ECF No. 1).
2. Plaintiffs served the District with its Complaint on September 10, 2019, and filed the related Proof of Service on October 17, 2019. (ECF No. 7).
3. Shortly after Plaintiffs' service of the Complaint, the Parties engaged in communications to negotiate requesting a stay of this litigation for a designated period of time to allow the Parties to participate in good faith negotiations toward a potential global resolution of this action, thereby preserving the Parties' and the Court's time and resources.
4. On December 19, 2019, the Parties entered into a Structured Negotiations Agreement (“Agreement”). (See ECF No. 24 at 9-23). The Parties also filed a joint motion for a stay of litigation for the Parties to engage in agreed-upon structured settlement negotiations and sought Court approval of same, which the Court ordered and approved on December 20, 2019. (ECF No. 25).
5. The Court's Order required the Parties to submit status reports every 90 days during the period of the stay. (ECF No. 25). The Parties filed the First Joint Status Report in April
2020 and the Second Joint Status Report in July 2020. (See ECF Nos. 28, 31). The Parties reported in the First and Second Joint Status Reports that a number of interim measures and/or actions under the Agreement had been completed. (ECF Nos. 28 at 3-5, 31 at 2-4). Additionally, in the Second Joint Status Report, the Parties reported that the District had executed contracts to hire three neutral, third-party subject matter experts - Dr. Jeffrey Sprague, Dr. Nancy Dome, and Dr. Jean Gonsier-Gerdin (collectively, “Experts”). (ECF No. 31 at 3). The Parties further reported that they were working collaboratively with the Experts to finalize the “Experts' Evaluation Plan” (“Plan”). (ECF No. 31 at 3). The Plan identified the Experts' specific steps and work necessary to guide the Experts in their review and analysis of the District under the Agreement. (ECF No. 31 at 3).
6. On July 10, 2020, the Parties filed a joint motion to extend the stay for six months to allow the Parties time to complete the activities described in the Agreement, including but not limited to providing time to the Experts to evaluate the District's programs, policies and services and make recommendations that would inform potential resolution of this matter. (ECF No. 33). The Court granted the Parties' joint motion on July 14, 2020. (ECF No. 34).
7. The Court's Order required the Parties to submit a status report thirty days from the date of the Court's Order, a second status report 45 days after the first status report, and a third status report 60 days after the second status report during the extended period of the stay. (ECF No. 34). Accordingly, the Parties filed a Third Joint Status Report on August 13, 2020; a Fourth Joint Status Report on September 28, 2020; and a Fifth Joint Status Report on November 30, 2020. (ECF Nos. 36, 37, and 38).
8. On January 6, 2021, the Parties filed another joint motion to extend the stay by an additional five months to enable the Parties to continue to engage in structured settlement negotiations and allow the Experts to complete their assessment of the District. (ECF No. 39). The Court granted the Parties' joint motion on January 8, 2021 and also ordered the Parties to file a status report 75 days later and every 75 days thereafter during the duration of the extended stay. (ECF No. 40). Accordingly, the Parties filed a Sixth Joint Status Report on March 23, 2021 and a Seventh Joint Status Report on June 1, 2021. (ECF Nos. 41 and 43).
9. On June 1, 2021, the Parties filed a joint motion to extend the stay an additional four months to allow the Parties to continue to engage in structured settlement negotiations and allow the Experts to complete their report on the District. The Court granted the Parties' joint motion on June 2, 2021 and ordered the Parties to file a status report no later than 75 days from the date of the order, and every 75 days thereafter for the duration of the extended stay period. Accordingly, the Parties filed an eighth joint status report on August 16, 2021. (ECF No. 46).
10. In the Third, Fourth, Fifth, Sixth, Seventh, and Eighth Joint Status Reports, the Parties provided the Court with updates regarding the Parties' implementation of the Agreement. (See ECF Nos. 36, 37, 38, 41, 43, 46). First, the Parties reported that they were working in collaboration with the Experts and Dr. Judy Elliott to finalize the Plan. (See ECF Nos. 36 at 2-3, 37 at 3, 38 at 3). In the Fifth Joint Status Report, the Parties reported that the Experts were close to finalizing the Plan and had made an initial request to the District for documents and data sources, including but not limited to specific District policies and procedures, to begin their review of the District. (ECF No. 38 at 3). In the Sixth Joint Status Report, the Parties reported that the Experts had completed and executed the Plan to complete the steps set out in the Scope of Work agreed upon through the Agreement. (See ECF No. 41). Additionally, in the Third, Fourth, Fifth, and Sixth Joint Status Reports, the Parties reported that they had exchanged various proposals regarding additions and/or modifications to interim measures in the Agreement. (ECF Nos. 36 at 3, 37 at 4, 38 at 3).
11. The Parties also reported that various factors, including but not limited to the COVID-19 pandemic, had delayed the Experts' commencement and completion of their work under the Agreement. (See ECF Nos. 37 at 3, 38 at 3). As a result, the Parties anticipated finalizing and executing a side agreement to extend the date by which the Experts must finalize their work under the Agreement. (See ECF Nos. 37 at 3, 38 at 3). The Parties executed this side agreement on March 26, 2021. In the Side Agreement, the Parties agreed for the Experts' Report to be completed by May 30, 2021. After execution of the Side Agreement, the Experts informed both Parties that additional time was needed to complete the Report. Accordingly, on June 28, 2021, the Parties executed an Addendum to the Side Agreement that extended
the deadline for the Experts' Report to September 10, 2021. In the Seventh Joint Status Report, the Parties reported that the Experts had been conducting interviews with class members and their families, as well as various stakeholder organizations and individuals connected to the District. (ECF No. 43 at 3). As reported in the Parties' Eighth Joint Status Report, the Experts completed these interviews, as well as a review and analysis of individual student records and documents and data sources related to the District's policies and procedures. (ECF No. 46 at 3-4). The Experts were in the process of drafting their report. (ECF No. 46 at 4).
12. The Experts have informed both Parties that they have completed a summary table of their findings and recommendations and project October 4, 2021 as the completion date for a draft of their report. Additional time is needed to finalize the Experts' Report after both Parties are able to provide feedback to the Experts.
Pursuant to the Agreement, the Parties seek this Court's approval of a further stay of this litigation to afford the Parties additional time to complete the activities described with regard to and in the Agreement including, but not limited to, extending the time for the Experts to incorporate the Parties' feedback and finalize the Experts' Report, and allowing the Parties to engage in the agreed-upon structured negotiations informed by the Experts' Report, with the goal of resolving this matter.
GOVERNING LAW
This Court “has broad discretion to stay proceedings as an incident to its power to control its own docket.” Clinton v. Jones, 520 U.S. 681, 706-07 (1997) (citing Landis v. N. Am. Co., 299 U.S. 248) (1936)). In fact,
[T]he power to stay proceedings is incidental to the power inherent in every court to control the disposition of the causes on its docket with economy of time and effort for itself, for counsel, and for litigants. How this can best be done calls for the exercise of judgment, which must weigh competing interests and maintain an even balance.Landis, 299 U.S. at 254-55.
Correspondingly, as this Court has recognized, “[c]ourts have applied their discretionary authority to grant stays because it appeared that settlement discussions between the parties might prove fruitful.” Johnson v. Village, Case No. 2:15-cv-02299-TLN-KJN, 2016 WL 1720710, at *6 (E.D. Cal. Apr. 29, 2016) (citing EEOC v. Canadian Indem. Co., 407 F.Supp. 1366, 1368 (C.D. Cal. 1976)).
REQUEST FOR STAY
As outlined above, the Parties have successfully negotiated an agreed-upon structure for settlement discussions between the Parties, in the hope of reaching a global resolution of this matter without the need for protracted litigation. The Parties now jointly move and request that this Court further stay this matter for four more months, to February 4, 2022, so that the Parties may engage in the activities agreed-upon and outlined in the Agreement.
Good cause exists to grant the Parties' joint motion. As noted above, the Experts' full commencement of work under the Agreement was delayed due to various factors, including but not limited to the COVID-19 pandemic. (See ECF Nos. 37 at 3, 38 at 3). As a result of this delay, the Experts were not able to complete their work under the Agreement by January 2021 and required additional time to complete their work under the Agreement. Now that the Experts' work is near completion, the Parties request an extension of the stay in order to engage in structured negotiations.
Moreover, the Parties believe that a stay is justified because it will: (1) promote judicious use of the Parties' and Court's time and resources; and (2) offer the opportunity for speedy resolution and relief without protracted litigation, which is particularly critical where, as here, certain Plaintiffs are children and Defendants are governmental entities or officials. Given the Parties' negotiations to date, the Parties believe that a negotiated global resolution of this matter is viable, if given time to engage in the activities necessary to reach such a resolution. The Parties also agree that these activities would be significantly hindered if the Parties also had to engage in simultaneous motion and discovery practice.
Pursuant to the terms of the Agreement, any Party may withdraw from settlement negotiations with sufficient advance written notice. If that occurs, the Parties will inform the Court so that the Court may lift the stay accordingly.
CONCLUSION
Based upon the foregoing, the Parties respectfully move the Court to enter an order: (1) Staying this litigation for all purposes for four more months, to February 4, 2022, including temporarily excusing the Parties from complying with this Court's Initial Pretrial Scheduling Order (ECF No. 4), so that the Parties can focus on and engage in structured settlement negotiations; (2) Extending the time for Defendants to respond to Plaintiffs' Complaint until 30 days after the stay is lifted upon order of this Court, should negotiations be unsuccessful or terminated by the Parties; and
ORDER
Pursuant to the foregoing Joint Motion of the Parties, and GOOD CAUSE APPEARING THEREFORE, IT IS HEREBY ORDERED that:
(1) This action is temporarily stayed for four months, to February 4, 2022, for all purposes to enable the Parties to focus on and engage in settlement efforts;
(2) While this stay is in effect, the Parties are excused from complying with this Court's Initial Pretrial Scheduling Order (ECF No. 4);
(3) While this stay is in effect, the Defendants are not required to file a responsive pleading until 30 days after any stay in this action is lifted.
IT IS SO ORDERED.