On September 30, 2020 a
Stipulation,Agreement
was filed
involving a dispute between
Cunha, Arthur Joseph,
and
Chaffey Joint Union High School District,
for Other PI/PD/WD Unlimited
in the District Court of San Bernardino County.
Preview
al
ANDRADE GONZALEZ LLP
HENRY H. GONZALEZ [SBN 208419] F l l E
SUPERIOR coun'r 0F CA
D I
hgonzalez@andradeflrm.com COUNTY 0F SAN BERNkRFDOISg‘A
sAN BERNARmNo ousmucr
AIDE C. ONTIVEROS [SBN 169629]
aontiveros@andradefirm.com
BLANCA P. CHAVEZ [SBN 339919] JUL 2 5 2023
bchavez@andradefirm.com
801 S. Figueroa Street, Suite 1050
Los Angeles, California 90017 EY
Telephone: (213) 986-3950 DEBRA PEDROSA, DEPUTY
Facsimile: (213) 995-9696
Attorneys for PLAINTIFF
ARTHUR JOSEPH CUNHA
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN BERNARDINO
,-
y
l,_
ARTHUR JOSEPH CUNHA, an individual, Case No.2 CIVDS2021 132
3 [Assigned to Hon. Thomas S. Garza,
Plaintiff, )
Dept. 827]
vs.
g
STIPULATION TO CONTINUE TRIAL
CHAFFEY JOINT UNION HIGH SCHOOL AND ALL TRIAL-RELATED
Inclusive,
DOES through 50,
DISTRICT; and
Defendants.
1 )
g
)
i
W]
DEADLINES IN ORDER TO SUBMIT
MATTER TO MEDIATION;
ORDER THEREON
Date Action Filed: September 30, 2020
)
Trial: September 5, 2023
TRC: August 3 1, 2023
iv
c9
)
«3861433?
59$
STIPULATION TO CONTINUE TRIAL DATE AND ALL TRIAL-RELATED DEADLINES
IN ORDER TO SUBMIT MATTER TO MEDIATION
T0 THE COURT AND ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
IT IS HEREBY STIPULATED by and between the parties hereto through their respective
counsel of record that the Trial in the above matter shall be continued to February 12, 2024 or
another later date amanabie to the Court, and the Trial Readiness Conference shall be continued to
February 8, 2024, or another later date amenable to the Court.
The trial continuance is necessary to conserve costs and resources, to complete percipient
and expert witness discovery, and to submit the matter t0 Mediation on the first mutually available
date of December 18, 2023 with the Hon. Patricia Schnegg (Ret.) at Judicate West as discussed
below.
IT IS FURTHER STIPULATED all time limits regarding completion of discovery, the
filing of motions, and all trial-related deadlines shall be continued based upon the new trial date.
This stipulation is entered into based on the following representations:
1. While all parties have diligently conducted discovery, due to the complexity of the
case, there has been unavoidable delay in the completion of discovery. The parties have already
completed written discovery including Form Interrogatories, Special Interrogatories, Requests for
Admission, and Requests for Production 0f Documents. The depositions of Plaintiff ARTHUR J.
CUNHA, Defendant’s coach/ employee Terry Tierney, and Person Most Qualified Matthew Garner
have also been completed. Additional percipient witness depositions and the depositions of
Plaintiff‘s parents, as well as expert witness designations and depositions need to be completed.
Defendant also filed a Motion for Summary Judgment which was granted in part in June 2022.
2. Plaintiff ARTHUR J. CUNHA filed suit against Defendant Chaffey Joint Union High
School District on September 30, 2020. The 5-year statute does not run until September 30, 2025,
and is extended for six (6) months thereafter due to the Covid-l 9 pandemic.
3. Additional time is needed for the parties to conduct discovery and depose percipient
witnesses due to the complexity of this matter, including that of pertinent witnesses identified by
Plaintiff and Defendant, ahd in order to conduct an evaluation of Plaintiff s claims and damages.
/ / /
-1-
STIPULATION TO CONTINUE TRIAL DATE AND ALL TRIAL—RELATED DEADLINES
1N ORDER TO SUBMIT MATTER TO MEDIATION
Document Filed Date
July 25, 2023
Case Filing Date
September 30, 2020
Category
Other PI/PD/WD Unlimited
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Preview
al ANDRADE GONZALEZ LLP HENRY H. GONZALEZ [SBN 208419] F l l E SUPERIOR coun'r 0F CA D I hgonzalez@andradeflrm.com COUNTY 0F SAN BERNkRFDOISg‘A sAN BERNARmNo ousmucr AIDE C. ONTIVEROS [SBN 169629] aontiveros@andradefirm.com BLANCA P. CHAVEZ [SBN 339919] JUL 2 5 2023 bchavez@andradefirm.com 801 S. Figueroa Street, Suite 1050 Los Angeles, California 90017 EY Telephone: (213) 986-3950 DEBRA PEDROSA, DEPUTY Facsimile: (213) 995-9696 Attorneys for PLAINTIFF ARTHUR JOSEPH CUNHA SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN BERNARDINO ,- y l,_ ARTHUR JOSEPH CUNHA, an individual, Case No.2 CIVDS2021 132 3 [Assigned to Hon. Thomas S. Garza, Plaintiff, ) Dept. 827] vs. g STIPULATION TO CONTINUE TRIAL CHAFFEY JOINT UNION HIGH SCHOOL AND ALL TRIAL-RELATED Inclusive, DOES through 50, DISTRICT; and Defendants. 1 ) g ) i W] DEADLINES IN ORDER TO SUBMIT MATTER TO MEDIATION; ORDER THEREON Date Action Filed: September 30, 2020 ) Trial: September 5, 2023 TRC: August 3 1, 2023 iv c9 ) «3861433? 59$ STIPULATION TO CONTINUE TRIAL DATE AND ALL TRIAL-RELATED DEADLINES IN ORDER TO SUBMIT MATTER TO MEDIATION T0 THE COURT AND ALL PARTIES AND THEIR ATTORNEYS OF RECORD: IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel of record that the Trial in the above matter shall be continued to February 12, 2024 or another later date amanabie to the Court, and the Trial Readiness Conference shall be continued to February 8, 2024, or another later date amenable to the Court. The trial continuance is necessary to conserve costs and resources, to complete percipient and expert witness discovery, and to submit the matter t0 Mediation on the first mutually available date of December 18, 2023 with the Hon. Patricia Schnegg (Ret.) at Judicate West as discussed below. IT IS FURTHER STIPULATED all time limits regarding completion of discovery, the filing of motions, and all trial-related deadlines shall be continued based upon the new trial date. This stipulation is entered into based on the following representations: 1. While all parties have diligently conducted discovery, due to the complexity of the case, there has been unavoidable delay in the completion of discovery. The parties have already completed written discovery including Form Interrogatories, Special Interrogatories, Requests for Admission, and Requests for Production 0f Documents. The depositions of Plaintiff ARTHUR J. CUNHA, Defendant’s coach/ employee Terry Tierney, and Person Most Qualified Matthew Garner have also been completed. Additional percipient witness depositions and the depositions of Plaintiff‘s parents, as well as expert witness designations and depositions need to be completed. Defendant also filed a Motion for Summary Judgment which was granted in part in June 2022. 2. Plaintiff ARTHUR J. CUNHA filed suit against Defendant Chaffey Joint Union High School District on September 30, 2020. The 5-year statute does not run until September 30, 2025, and is extended for six (6) months thereafter due to the Covid-l 9 pandemic. 3. Additional time is needed for the parties to conduct discovery and depose percipient witnesses due to the complexity of this matter, including that of pertinent witnesses identified by Plaintiff and Defendant, ahd in order to conduct an evaluation of Plaintiff s claims and damages. / / / -1- STIPULATION TO CONTINUE TRIAL DATE AND ALL TRIAL—RELATED DEADLINES 1N ORDER TO SUBMIT MATTER TO MEDIATION