H.W. et al v Eastern Sierra Unified School District, et al

Filing 34

ORDER signed by Judge Garland E. Burrell, Jr., on 1/18/12 ORDERING that pursuant to and based upon 30 the Stipulation and Joint Motion to Dismiss, Jason Reed, Don Clark and Eastern Sierra Unified School District are DISMISSED from this action. Defendant Cody Carlisle remains a party to this action.(Kastilahn, A)

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1 2 3 4 5 TIMOTHY A. SCOTT California Bar No. 215074 LAW OFFICES OF TIMOTHY A. SCOTT, APC 1350 Columbia Street, Suite 600 San Diego, California 92101 Telephone: (619) 794-0451 Facsimile: (619) 652-9964 Email: tscott@timscottlaw.com 6 7 8 9 10 GERALD SINGLETON, State Bar No. 208783 LAW OFFICES OF GERALD SINGLETON APC 560 North Coast Highway 101, Suite 4A Encinitas, California 92024 Tel. (760) 697-1330 Fax. (760) 697-1329 Email: geraldsingleton73@yahoo.com 11 12 Attorneys for Plaintiffs H. W., minor, by and through Guardian ad Litem HEIDI NELSON; and M.K., minor, by and through Guardian ad Litem ROBERT KOELLING 13 UNITED STATES DISTRICT COURT 14 FOR THE EASTERN DISTRICT OF CALIFORNIA 15 16 17 18 19 20 21 22 23 24 25 26 H. W., minor, by and through Guardian ad Litem ) HEIDI NELSON; and M.K., minor, by and ) through Guardian ad Litem ROBERT ) KOELLING ) Plaintiffs, ) v. ) ) EASTERN SIERRA UNIFIED SCHOOL ) DISTRICT; COLEVILLE HIGH SCHOOL ) PRINCIPAL JASON REED (individually and in ) his official capacity); ASSISTANT FOOTBALL ) COACH CODY CARLISLE (individually and in ) his official capacity);SUPERINTENDENT DON ) CLARK (individually and in his official ) capacity), AND DOES 1-50, ) ) Defendants. ) _______________________________________ ) 27 // 28 // Case No.2:11-cv-00531-GEB-GGH PROPOSED ORDER DISMISSING DEFENDANTS EASTERN SIERRA UNIFIED SCHOOL DISTRICT, JASON REED, AND DON CLARK PURSUANT TO THE STIPULATION AND JOINT MOTION Judge: Hon. Garland E. Burrell, Jr. Dept: 10 Action Filed: February 24, 2011 1 WHEREAS, on February 24, 2011, the minor plaintiffs filed the Summons and Complaint 2 against four named defendants - EASTERN SIERRA UNIFIED SCHOOL DISTRICT, JASON 3 REED, CODY CARLISLE, and DON CLARK (the “Appearing Defendants”) (ECF No.’s 1-4); 4 5 6 WHEREAS, three defendants including EASTERN SIERRA UNIFIED SCHOOL DISTRICT, JASON REED, and DON CLARK filed motions to dismiss in response to the Complaint (ECF No.’s 6-7), one of which was granted with leave to amend on October 12, 2011 (ECF No. 28); 7 WHEREAS, defendant CODY CARLISLE never formally appeared and default was entered 8 9 against him by the Clerk of the Court on May 12, 2011 (ECF No. 15); WHEREAS, plaintiffs and the Appearing Defendants have stipulated and agreed that the 10 11 Appearing Defendants should be dismissed from this case; THEREFORE, pursuant to and based upon the Stipulation and Joint Motion to Dismiss 12 13 between the Plaintiffs and the Appearing Defendants, Defendants EASTERN SIERRA UNIFIED 14 SCHOOL DISTRICT, JASON REED, and DON CLARK are dismissed. Defendant Cody Carlisle 15 remains a party to this action. SO ORDERED 16 17 Date: 1/18/2012 18 19 _________________________ 20 GARLAND E. BURRELL, JR. United States District Judge 21 DEAC_Signature-END: 22 23 24 25 26 27 28 61khh4bb

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