Callahan vs. Gustine Unified School District et al.,

Filing 170

STIPULATION of DISMISSAL and ORDER Thereon signed by Judge Oliver W. Wanger on 8/2/2010. Defendants Carl Scudder, Anthony Souza, Jason Spaulding, Adam Cano and Gustine Unified School District terminated. (Bradley, A)

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1640 "N" STREET, SUITE 200 POST OFFICE BOX 2184 MERCED, CA 95344-0184 [phone]

KIMBERLY G. FLORES SBN 227131

1640 "N" STREET, SUITE 200 POST OFFICE BOX 2184 MERCED, CALIFORNIA 95344-0184 [phone] [phone]

Attorneys for Plaintiff, John Roe

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

JOHN ROE, a minor, by and through his Guardian Ad Litem, SHEILIA IRENE CALLAHAN, Plaintiffs vs. GUSTINE UNIFIED SCHOOL DISTRICT; GOLDEN VALLEY UNIFIED SCHOOL DISTRICT; KYLE MATTHEW FISCHER, aka KYLE SIMMONS, a minor; MICHAEL FISCHER, aka MICHAEL SIMMONS, a minor; KELLY SIMMONS; JASON SIMMONS; MATTHEW MCKIMMIE, a minor; MYRNA TYNDAL; TOMMY SAN FELIPPO, a minor; FRANK HUDSON; BETTY HUDSON; CARL SCUDDER; JASON SPAULDING; ANTHONY SOUZA; ADAM CANO; TIMOTHY HAYES; KULJEET MANN; CHRIS IMPERATRICE, AND DOES 1-50 Defendants. And Related Cross Actions.

NO.:

1:07-CV-00796-0WW-SMS

STIPULATION OF DISMISSAL AND ORDER THEREON

IT IS HEREBY STIPULATED by and between Kimberly G. Flores, counsel for Plaintiff JOHN ROE, and Defendant GUSTINE UNIFIED SCHOOL DISTRICT that the above-captioned
-1Stipulation of Dismissal and Order Thereon

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1640 "N" STREET, SUITE 200 POST OFFICE BOX 2184 MERCED, CA 95344-0184 [phone]

action be and hereby is dismissed with prejudice, as to Defendant, GUSTINE UNIFIED SCHOOL DISTRICT, pursuant with FRCP 41 (a) (1). Further, pursuant to the December 22, 2009 Memorandum Decision by United States District Judge Oliver W. Wanger, the above-captioned action is hereby dismissed with prejudice, as to Defendants ADAM CANO, JASON SPAULDING, ANTHONY SOUZA, and CARL SCUDDER. Each party will bear its own costs and attorney fees. Dated: July 27, 2010 ___Kimberly G. Flores_______________________ KIMBERLY G. FLORES, Attorneys for Plaintiff JOHN ROE Dated: July 27, 2010 ___Mart B. Oller, IV________________________ MART B. OLLER, IV, Attorneys for Defendants GUSTINE UNIFIED SCHOOL DISTRICT, ADAM CANO, JASON SPAULDING, and ANTHONY SOUZA Dated: August 2, 2010 ___James McBrearty________________________ JAMES McBREARTY, Attorneys for Defendant CARL SCUDDER ORDER Upon considering the stipulation, and good cause appearing: IT IS HEREBY ORDERED that the action is dismissed as to GUSTINE UNIFIED SCHOOL DISTRICT, ADAM CANO, JASON SPAULDING, ANTHONY SOUZA, and CARL SCUDDER, in accordance with the stipulation. /// //
-2Stipulation of Dismissal and Order Thereon

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DEAC_Signature-END:

IT IS SO ORDERED. Dated:

August 2, 2010

/s/ Oliver W. Wanger
UNITED STATES DISTRICT JUDGE

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1640 "N" STREET, SUITE 200 POST OFFICE BOX 2184 MERCED, CA 95344-0184 [phone]

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-3Stipulation of Dismissal and Order Thereon