Preview
DEC 1.0 2028
oC oN A WR DW NY
. Bea a a a ee
BRRRRPBBERBESsSBTABDEBRES
rior E
Kell HIYAMANAKA, State Bar. No. 78971 “eBerir ot Cai ri D
VIRGINIA JO DUNLAP, State Bar No. 142221 DEC y :
Assistant General Counsel . 6 2020
TERRI A. McFARLAND, State Bar No. 182968 CLERK
Deputy General Counsel By TH Courr
California Department of Education | — fe
1430 N Street, Suite 5319 Deputy Care
Sacramento, California 95814
Telephone: 916-319-0860
Facsimile: 916-319-0155
tmefarland@cde.ca.gov
Attorrieys for California Department of Education and Tony Thurmond
(Defendant is a Public Entity and Exempt from Filing Fees Pursuant to Gov. Code § 6103)
SUPERIOR COURT OF THE STATE OF CALIFORNIA.
IN AND FOR THE COUNTY OF SAN FRANCISCO
MILAGROS AZUCENA WENDZ ) Case No. CPF-20-517067
d
Plaintiff/Petitioner, )
) STIPULATION AND [ ORDER
v. ) AMENDING BRIEFING SCHEDULE AND
: ) CONTINUING HEARING DATE
CALIFORNIA DEPARTMENT OF EDUCATION;)
TONY THURMOND, in his official capacity as )
STATE SUPERINTENDENT OF PUBLIC )
INSTRUCTION; DOES 1 THROUGH 30, )
inclusive, )
)
Defendants/Respondents )
)
)
v
Case No. CPF-20-517067 Respondent’s Amended Response to
Demand for Production of Documentsoo YN DH FW NY
N Doe Be Be eB eB ew eB ee
RBRRRRBEBRSSGSerWIA BDBREBEHKES
- WHEREAS, petitioner MILAGROS AZUCENA WENDZ filed this action challenging certain
regulations regarding California’s Migrant Education Program promulgated by the respondent,
CALIFORNIA DEPARTMENT OF EDUCATION, under the direction of respondent TONY
THURMOND, in his official capacity as STATE SUPERINTENDENT OF PUBLIC INSTRUCTION;
and
WHEREAS, the parties agreed that the issues presented will require lengthier briefing than
currently allowed under the Rules of Court, and in light of the extended briefing the parties agreed-that
a hearing schedule should be set which provides additional time for submission of the opposition and
reply briefs prior to hearing; and
WHEREAS, the parties previously entered into a stipulation which was ordered by this Court on
November 6, 2020, which allowed for lengthier briefing and additional time for submission of
opposition and reply briefs; and
WHEREAS, following this Order, the petitioner filed her opening brief on November 9, 2020;
and thereafter, due to unforeseen circumstances, additional time is required for respondents to file their
opposition brief; and
WHEREAS, counsel for all parties met and conferred regarding amending the briefing schedule
and continuing the hearing on petitioner’s Motion for Entry of a Writ of Mandate;
IT IS HEREBY STIPULATED THAT:
1. Hearing on Plaintiff/Petitioner’s motion set for hearing on the regular law and motion
calendar heard in Department 302 shall be continued from January 5,-2021, to January 22, 2021, or as
soon thereafter as the matter can be heard; and
2. Respondents shall file and electronically serve any Opposition to the Motion for Entry of.
Writ of Mandate on or before December 23, 2020; and
3. Petitioner shall file and electronically serve her Reply to the Opposition to the Motion
for Entry of Writ of Mandate on or before January 8, 2021; and
5. The page lengths for briefs previously stipulated to and ordered remain intact.
if
MM
Case No. CPF-20-517067 . 1 Respondent’s Amended Response to
Demand for Production of DocumentsoO QD DAH B® WN
N Rw NN es a a ea a ea
BRNRRRBBRBGEeRABEBEREe S
IT IS SO STIPULATED:
Dated: December 6 . 2020 California Rural Legal Assistance, Inc.
Lawyers’ Committee for Civil Rights-SF
By: /s/ CYNTHIA L, RICE
CYNTHIA L. RICE, SBN 87630
California Rural Legal Assistance, Inc.
1430 Franklin Street, Suite 103
Oakland, CA 94612
Telephone: .510-267-0762
Attorneys for Plaintiff/Petitioner
Dated: December 7, 2020 By: /s/TERRIA. McFARLAND
TERRI A. McFARLAND, SBN 182968
Deputy General Counsel
California Department of Education
1430 N Street, Suite 5319
Sacramento, California 95814
Telephone: 916-319-0860
Attorneys for Defendants/Respondents
[PROPQGSED] ORDER
Based on the foregoing stipulation, and good cause showing, IT IS HEREBY ORDERED
THAT:
1. Hearing on Plaintiff/Petitioner’s Motion for Entry of Writ of Mandate shall be continued
for hearing in Department 302, on the regular law and motion calendar and scheduled to be heard on
January 22, 2021, at 9:30 a.m., or as soon thereafter as the matter can be heard;
2. Respondents shall file and electronically serve any Opposition to the Motion for Entry of
Writ of Mandate on or before December 23, 2020; and
3. Plaintiff/Petitioner shall file and electronically serve her Reply to the Opposition to the
Motion for Entry of Writ of Mandate on or before January 8, 2021
IT IS SO ORDERED:
Dated: [20 /' 4, LW
than'Schulman
Judge of the Superior Court
Case No. CPF-20-517067 2 Respondent’s Amended Response to
Demand for Production of Documents
Preview
DEC 1.0 2028 oC oN A WR DW NY . Bea a a a ee BRRRRPBBERBESsSBTABDEBRES rior E Kell HIYAMANAKA, State Bar. No. 78971 “eBerir ot Cai ri D VIRGINIA JO DUNLAP, State Bar No. 142221 DEC y : Assistant General Counsel . 6 2020 TERRI A. McFARLAND, State Bar No. 182968 CLERK Deputy General Counsel By TH Courr California Department of Education | — fe 1430 N Street, Suite 5319 Deputy Care Sacramento, California 95814 Telephone: 916-319-0860 Facsimile: 916-319-0155 tmefarland@cde.ca.gov Attorrieys for California Department of Education and Tony Thurmond (Defendant is a Public Entity and Exempt from Filing Fees Pursuant to Gov. Code § 6103) SUPERIOR COURT OF THE STATE OF CALIFORNIA. IN AND FOR THE COUNTY OF SAN FRANCISCO MILAGROS AZUCENA WENDZ ) Case No. CPF-20-517067 d Plaintiff/Petitioner, ) ) STIPULATION AND [ ORDER v. ) AMENDING BRIEFING SCHEDULE AND : ) CONTINUING HEARING DATE CALIFORNIA DEPARTMENT OF EDUCATION;) TONY THURMOND, in his official capacity as ) STATE SUPERINTENDENT OF PUBLIC ) INSTRUCTION; DOES 1 THROUGH 30, ) inclusive, ) ) Defendants/Respondents ) ) ) v Case No. CPF-20-517067 Respondent’s Amended Response to Demand for Production of Documentsoo YN DH FW NY N Doe Be Be eB eB ew eB ee RBRRRRBEBRSSGSerWIA BDBREBEHKES - WHEREAS, petitioner MILAGROS AZUCENA WENDZ filed this action challenging certain regulations regarding California’s Migrant Education Program promulgated by the respondent, CALIFORNIA DEPARTMENT OF EDUCATION, under the direction of respondent TONY THURMOND, in his official capacity as STATE SUPERINTENDENT OF PUBLIC INSTRUCTION; and WHEREAS, the parties agreed that the issues presented will require lengthier briefing than currently allowed under the Rules of Court, and in light of the extended briefing the parties agreed-that a hearing schedule should be set which provides additional time for submission of the opposition and reply briefs prior to hearing; and WHEREAS, the parties previously entered into a stipulation which was ordered by this Court on November 6, 2020, which allowed for lengthier briefing and additional time for submission of opposition and reply briefs; and WHEREAS, following this Order, the petitioner filed her opening brief on November 9, 2020; and thereafter, due to unforeseen circumstances, additional time is required for respondents to file their opposition brief; and WHEREAS, counsel for all parties met and conferred regarding amending the briefing schedule and continuing the hearing on petitioner’s Motion for Entry of a Writ of Mandate; IT IS HEREBY STIPULATED THAT: 1. Hearing on Plaintiff/Petitioner’s motion set for hearing on the regular law and motion calendar heard in Department 302 shall be continued from January 5,-2021, to January 22, 2021, or as soon thereafter as the matter can be heard; and 2. Respondents shall file and electronically serve any Opposition to the Motion for Entry of. Writ of Mandate on or before December 23, 2020; and 3. Petitioner shall file and electronically serve her Reply to the Opposition to the Motion for Entry of Writ of Mandate on or before January 8, 2021; and 5. The page lengths for briefs previously stipulated to and ordered remain intact. if MM Case No. CPF-20-517067 . 1 Respondent’s Amended Response to Demand for Production of DocumentsoO QD DAH B® WN N Rw NN es a a ea a ea BRNRRRBBRBGEeRABEBEREe S IT IS SO STIPULATED: Dated: December 6 . 2020 California Rural Legal Assistance, Inc. Lawyers’ Committee for Civil Rights-SF By: /s/ CYNTHIA L, RICE CYNTHIA L. RICE, SBN 87630 California Rural Legal Assistance, Inc. 1430 Franklin Street, Suite 103 Oakland, CA 94612 Telephone: .510-267-0762 Attorneys for Plaintiff/Petitioner Dated: December 7, 2020 By: /s/TERRIA. McFARLAND TERRI A. McFARLAND, SBN 182968 Deputy General Counsel California Department of Education 1430 N Street, Suite 5319 Sacramento, California 95814 Telephone: 916-319-0860 Attorneys for Defendants/Respondents [PROPQGSED] ORDER Based on the foregoing stipulation, and good cause showing, IT IS HEREBY ORDERED THAT: 1. Hearing on Plaintiff/Petitioner’s Motion for Entry of Writ of Mandate shall be continued for hearing in Department 302, on the regular law and motion calendar and scheduled to be heard on January 22, 2021, at 9:30 a.m., or as soon thereafter as the matter can be heard; 2. Respondents shall file and electronically serve any Opposition to the Motion for Entry of Writ of Mandate on or before December 23, 2020; and 3. Plaintiff/Petitioner shall file and electronically serve her Reply to the Opposition to the Motion for Entry of Writ of Mandate on or before January 8, 2021 IT IS SO ORDERED: Dated: [20 /' 4, LW than'Schulman Judge of the Superior Court Case No. CPF-20-517067 2 Respondent’s Amended Response to Demand for Production of Documents