Z.F., et al v. Ripon Unified School District, et al

Filing 316

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 8/31/17: Counter-complaint 21 is dismissed as to the sole remaining Counter-Defendant M.A.F. in its entirety, with prejudice, and without costs to either party as to the counterclaims alleged therein. (Kaminski, H)

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1 2 3 4 5 6 7 8 9 10 11 LEIGH LAW GROUP Mandy Leigh (SBN 225748) mleigh@leighlawgroup.com Jay T. Jambeck (SBN 226018) jjambeck@leighlawgroup.com 870 Market St Ste 1157 San Francisco, CA 94102 Telephone: (415) 399-9155 Facsimile: (415) 795-3733 Attorneys for Plaintiffs/Counter-Defendants Z.F, M.A.F., J.F., L.H., J.H., J.A., J.R.H., A.N., G.N., and M.R. SEYFARTH SHAW LLP G. Daniel Newland (SBN 087965) dnewland@seyfarth.com Cassandra H. Carroll (SBN 209123) ccarroll@seyfarth.com Eric M. Lloyd (SBN 254390) elloyd@seyfarth.com 560 Mission Street, Suite 3100 San Francisco, California 94105 Telephone: (415) 397-2823 Facsimile: (415) 397-8549 Attorneys for Defendants/Counter-Claimants VALLEY MOUNTAIN REGIONAL CENTER, RICHARD JACOBS, and TARA SISEMORE-HESTER 12 THE UNITED STATES DISTRICT COURT FOR 13 THE EASTERN DISTRICT OF CALIFORNIA 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Z.F, a minor, by and through his parents M.A.F. ) and J.F. and M.A.F. and J.F individually; L.H. ) and J.H., minors, by and through their parents ) J.A. and J.R.H. and J.A. and J.R.H. individually;) A.N., a minor, by and through his parents, G.N. ) and M.R., and G.N. and M.R. individually, ) ) Plaintiffs, on behalf of ) themselves and all others ) similarly situated ) ) vs. ) ) RIPON UNIFIED SCHOOL DISTRICT, ) (RUSD); RIPON UNIFIED SCHOOL ) DISTRICT BOARD OF TRUSTEES,; SAN ) JOAQUIN COUNTY OFFICE OF ) EDUCATION; VALLEY MOUNTAIN ) REGIONAL CENTER (VMRC), MODESTO ) CITY SCHOOLS, MODESTO CITY ) SCHOOLS BOARD OF EDUCATION, ) RICHARD JACOBS, Executive Director of ) VMRC, in his official and individual capacity, ) TARA SISEMORE-HESTER, Coordinator for ) Autism Services for VMRC, in her official and ) individual capacity; VIRGINIA JOHNSON, ) Director of Modesto City Schools SELPA, in ) Case No. 2:10-CV-00523 TLN-CKD STIPULATION OF DISMISSAL WITH PREJUDICE OF COUNTER CLAIMS AGAINST M.A.F.; AND ORDER (Fed. R. Civ. P. 41(a)(2), 41(c)(2)) 28 STIPULATION OF DISMISSAL WITH PREJUDICE OF COUNTER CLAIMS AGAINST M.A.F..; ORDER / CASE NO. 2:10-CV-00523-TLN-CKD 1 2 her official and individual capacity; SUE SWARTZLANDER, Program Director for Modesto City Schools, in her official and individual capacity and Does 1-200. 3 Defendants. 4 ) ) ) ) ) ) ) 5 IT IS HEREBY STIPULATED that pursuant to Federal Rules of Civil Procedure 41(a)(2) and 6 41(c)(2) by and between COUNTER-CLAIMANTS VALLEY MOUNTAIN REGIONAL CENTER, 7 TARA SISEMORE-HESTER and RICHARD JACOBS (“Counter-Claimants”) and COUNTER- 8 DEFENDANT M.A.F., though their respective counsel of record, that COUNTER-CLAIMANTS’ 9 entire counter-complaint [Docket No. 21] is dismissed as to the sole remaining COUNTER- 10 DEFENDANT M.A.F. in its entirety, with prejudice, and without costs to either party as to the counter- 11 claims alleged therein.1 IT IS SO STIPULATED. 12 13 DATED: August 30, 2017 SEYFARTH SHAW LLP 14 15 By: ______/s/ Cassandra H. Carroll________ G. Daniel Newland Cassandra H. Carroll Eric M. Lloyd Matthew J. Mason Attorneys for Defendant VALLEY MOUNTAIN REGIONAL CENTER RICHARD JACOBS, and TARA SISEMORE-HESTER 16 17 18 19 20 21 22 23 24 25 26 27 28 1 Former Counter-defendant J.A. was dismissed on December 1, 2014 [Docket No. 21]. The other named Counterdefendants, Special Needs Advocates for Understanding and Autism Reform California, were never served and never appeared in the action. Accordingly, the present Stipulation of Dismissal and Order shall function to conclude the countercomplaint [Docket No. 21]. 2 STIPULATION OF DISMISSAL WITH PREJUDICE OF COUNTER CLAIMS AGAINST M.A.F.; [PROPOSED] ORDER / CASE NO. 2:10-CV-00523-TLN-CKD 1 DATED: August 30, 2017 LEIGH LAW GROUP 2 3 By: ______/s/ Jay T. Jambeck____________ Jay T. Jambeck Attorneys for Plaintiffs Z.F, M.A.F., J.F., L.H., J.H., J.A., J.R.H., A.N., G.N., and M.R. 4 5 6 7 8 ORDER IT IS SO ORDERED. 9 DATED: August 31, 2017 10 Troy L. Nunley United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 STIPULATION OF DISMISSAL WITH PREJUDICE OF COUNTER CLAIMS AGAINST M.A.F.; [PROPOSED] ORDER / CASE NO. 2:10-CV-00523-TLN-CKD

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