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

Filing 44

STIPULATION and ORDER signed by Magistrate Judge Gregory G. Hollows on 3/20/2012 PERMITTING Attorney Leonard Herr to provide a copy of this courts order to Eastern Sierra Unified School District, Jason Reed and Don Clark along with SISC II. (Michel, G)

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Leonard C. Herr, # 081896
Ron Statler, #234177
DOOLEY, HERR, PELTZER & RICHARDSON
Attorneys at Law, LLP
100 Willow Plaza, Suite 300
Visalia, California 93291
Telephone: [phone]
Attorneys for Defendants, EASTERN SIERRA UNIFIED SCHOOL DISTRICT,
JASON REED, and DON CLARK

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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H.W., minor, by and through Guardian
ad Litem HEIDI NELSON; and M.K.,
minor, by and through Guardian ad
Litem ROBERT KOELLING,
v.

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Case No.: 2:11-cv-00531-GEB-GGH
STIPULATION AND ORDER
MODIFYING MAGISTRATE JUDGE’S
ORDER, FINDINGS AND
RECOMMENDATIONS

Plaintiff,

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.

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Plaintiffs’ legal counsel and counsel for former Defendants EASTERN

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SIERRA UNIFIED SCHOOL DISTRICT, JASON REED and DON CLARK, hereby

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stipulate and jointly request that the Court Modify its “Order and Findings and

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Recommendations,” filed under seal on February 15, 2012.

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LAW OFFICES
DOOLEY HERR
PELTZER &
RICHARDSON
Attorneys at Law, LLP
100 Willow Plaza
Suite 300
Visalia, CA 93291

-1STIPULATION AND PROPOSED ORDER MODIFYING MAGISTRATE JUDGE’S
ORDER, FINDINGS AND RECOMMENDATIONS

RECITALS

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WHEREAS, pursuant to the request of Plaintiffs’ legal counsel, the court has
sealed certain documents and proceedings from the public;

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WHEREAS, Plaintiffs’ legal counsel has commenced civil litigation against

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former Defendants EASTERN SIERRA UNIFIED SCHOOL DISTRICT, JASON REED

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and DON CLARK;

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WHEREAS, the court’s order filed on February 15, 2012 prohibits attorney

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Leonard

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Recommendations and Judgment themselves;”

Herr

from

disseminating

this

court’s

“Order/Findings

and

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WHEREAS, Defendants’ defense and indemnity with regard to the claims

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being asserted by Plaintiffs against EASTERN SIERRA UNIFIED SCHOOL

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DISTRICT, JASON REED and DON CLARK is being provided by a public entity

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known as Self-Insured Schools of California II (SISC II); and

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WHEREAS, legal counsel for Plaintiffs’ and Defendants EASTERN SIERRA

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UNIFIED SCHOOL DISTRICT, JASON REED and DON CLARK believe it is in the

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best interest of these parties in attempting to resolve this dispute to provide this

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court’s order to Defendants EASTERN SIERRA UNIFIED SCHOOL DISTRICT,

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JASON REED and DON CLARK and their insurer SISC II.

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STIPULATION

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IT IS HEREBY STIPULATED to by and between the parties to this

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agreement through their respective attorneys of record that attorney Leonard Herr

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shall be permitted to provide a copy of the Order and Findings and

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Recommendations to his clients EASTERN SIERRA UNIFIED SCHOOL DISTRICT,

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JASON REED and DON CLARK, along with SISC II for purposes of assessing the

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“value of the case” and participation in settlement negotiations.

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IT IS FURTHER STIPULATED that Defendants shall not share the

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Findings, Recommendations, and Order, or any information contained therein,

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with any individual or entity other than their attorneys and/or their insurers.

LAW OFFICES
DOOLEY HERR
PELTZER &
RICHARDSON
Attorneys at Law, LLP
100 Willow Plaza
Suite 300
Visalia, CA 93291

-2STIPULATION AND PROPOSED ORDER MODIFYING MAGISTRATE JUDGE’S
ORDER, FINDINGS AND RECOMMENDATIONS

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This stipulation does not affect EASTERN SIERRA UNIFIED SCHOOL DISTRICT,

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JASON REED and DON CLARK’s pending motion, scheduled to be heard on April

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12, 2012.

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DATED: March 16, 2012

DOOLEY, HERR, PELTZER & RICHARDSON, LLP

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By: /s/ Leonard C. Herr_______________________
LEONARD C. HERR
Attorneys for Defendants, EASTERN
SIERRA UNIFIED SCHOOL DISTRICT,
JASON REED, DON CLARK

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DATED: March 16, 2012

LAW OFFICES OF GERALD SINGLETON, APC

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By: /s/ Gerald Singleton______________________
GERALD SINGLETON
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

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ORDER

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UPON GOOD CAUSE being shown as set forth in the stipulation of legal

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counsel, this court’s “Order and Findings and Recommendations,” filed under

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seal on February 15, 2012, is hereby modified to permit attorney Leonard Herr to

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provide a copy of this court’s order to EASTERN SIERRA UNIFIED SCHOOL

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DISTRICT, JASON REED and DON CLARK along with SISC II.

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Defendants shall not share the Findings, Recommendations, and Order, or any

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information contained therein, with any individual or entity other than their

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attorneys and/or their insurers.

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UNIFIED SCHOOL DISTRICT, JASON REED and DON CLARK’s pending motion,

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scheduled to be heard on April 12, 2012.

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LAW OFFICES
DOOLEY HERR
PELTZER &
RICHARDSON
Attorneys at Law, LLP
100 Willow Plaza
Suite 300
Visalia, CA 93291

Further,

This order will not affect EASTERN SIERRA

IT IS SO ORDERED.
DATED: March 20, 2012
/s/ Gregory G. Hollows __________________
_______________________________________________
UNITED STATES MAGISTRATE JUDGE
-3STIPULATION AND PROPOSED ORDER MODIFYING MAGISTRATE JUDGE’S
ORDER, FINDINGS AND RECOMMENDATIONS