David Paul Davenport v. Board of Trustees of the State Center Community College District

Filing 152

STIPULATION and ORDER to Withdraw Pending Motions, signed by Judge Oliver W. Wanger on 12/27/2010. (Gaumnitz, R)

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LIEBERT CASSIDY WHITMORE
A Professional Law Corporation 5701 N. West Avenue Fresno, CA 93711

Shelline K. Bennett, Bar No. 164759 [e-mail] Jesse J. Maddox, Bar No. 219091 [e-mail] LIEBERT CASSIDY WHITMORE A Professional Law Corporation 5701 N. West Avenue Fresno, CA 93711 Telephone: Facsimile: E-mail: [phone] [phone] [e-mail]

Attorneys for Defendant STATE CENTER COMMUNITY COLLEGE DISTRICT UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

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DAVID PAUL DAVENPORT, Plaintiff,

Case No. 1:07-cv-494 OWW/SMS STIPULATION AND ORDER TO WITHDRAW PENDING MOTIONS

BOARD OF TRUSTEES OF THE STATE CENTER COMMUNITY COLLEGE DISTRICT, Defendant.

RECITALS WHERAS, on August 25, 2009, the Court granted Defendant's motion for summary judgment; WHEREAS, on September 16, 2009, the Court entered judgment for Defendant; WHEREAS, on September 30, 2009, Plaintiff filed a motion for reconsideration, which is currently pending; WHEREAS, on October 16, 2009, Defendant filed a motion for attorneys' fees, which is currently pending; WHEREAS, on October 29, 2010, the parties executed a Settlement Agreement in this
1269.1 ST080-022

STIPULATION AND ORDER TO WITHDRAW PENDING MOTIONS 1:07-CV494 OWW/SMS

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LIEBERT CASSIDY WHITMORE
A Professional Law Corporation 5701 N. West Avenue Fresno, CA 93711

matter. In the Agreement, Defendant agreed to waive its ability to recover costs or attorneys' fees against Plaintiff and to withdraw its pending motion for attorneys' fees, and Plaintiff agreed to withdraw his pending motion for reconsideration and waive his right to appeal. THEREFORE , the parties hereby stipulate as follows: STIPULATION IT IS HEREBY STIPULATED by and between Plaintiff David Paul Davenport and the State Center Community College District, by and through their respective counsel of record, that Plaintiff's pending motion for reconsideration is hereby withdrawn and Defendant's pending motion for attorneys' fees is hereby withdrawn, each party to bear its own attorneys' fees and costs. SO STIPULATED. Dated: December 22, 2010 Liebert Cassidy Whitmore

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DEAC_Signature-END:

By:

/s/ Jesse J. Maddox Jesse J. Maddox Shelline K. Bennett Attorneys for Defendant STATE CENTER COMMUNITY COLLEGE DISTRICT

Dated: December 23, 2010

Donahue Gallagher Woods LLP

By:

/s/ David A Stein David A. Stein Attorneys for Plaintiff DAVID PAUL DAVENPORT

IT IS SO ORDERED. Dated:

December 27, 2010

/s/ Oliver W. Wanger
UNITED STATES DISTRICT JUDGE

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STIPULATION AND ORDER TO WITHDRAW PENDING MOTIONS 1:07-CV494 OWW/SMS

31269.1 ST080-022

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