M.F. v. Center Joint Unified School District
Filing
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STIPULATION and ORDER signed by District Judge Troy L. Nunley on 12/15/16: Plaintiff is granted leave to amend and file her Second Amended Complaint. Upon the filing of the Second Amended Complaint, the Court deems the matter settled and unless otherwise ordered by this Court, no responsive pleading need be filed by Defendants. Within 30 days of the filing of the Second Amended Complaint, Plaintiff is directed to file and serve, a Motion for Approval of Proposed Settlement, Disbursement of Funds, and Dismissal of Action. (Kaminski, H)
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F. Richard Ruderman (SB No. 142226)
Colleen A. Snyder (SB No. 274064)
Ruderman & Knox, LLP
1300 National Drive, Suite 120
Sacramento, CA 95834
Telephone: (916) 563-0100
Facsimile: (916) 563-0114
rick@rudermanknox.com
colleen@rudermanknox.com
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Attorneys for Plaintiff
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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M.F., by and through her guardian ad litem, Case No. 2:15-cv-00849-TLN-CKD
S.F.,
JOINT STIPULATION AND
Plaintiff,
REQUEST TO AMEND COMPLAINT;
ORDER
v.
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CENTER JOINT UNIFIED SCHOOL
DISTRICT,
Defendant.
IT IS HEREBY STIPULATED by and between PLAINTIFF M.F., by and through
her guardian ad litem, S.F., and DEFENDANT Center Joint Unified School District,
through their counsel of record, as follows:
Pending in the federal court is M.F., by and through her guardian ad litem, S.F. v.
Center Joint Unified School District, Case No. 2:15-cv-00849-TLN-CKD. On October
24, 2016, a notice of settlement was filed (ECF Doc. 49). Pending in the Sacramento
Superior Court is M.F., by and through her guardian ad litem, S.F. v. Center Joint
Unified School District, et al., Case No. 34-2015-00178126-CU-PO-GDS. Both actions
arise out of the same operative facts and involve the same parties. The parties have
entered into a global settlement to resolve both matters (Settlement). The Settlement will
require the approval of a minor’s compromise pursuant to Local Rule 202. In order to
JOINT STIPULATION AND REQUEST TO AMEND COMPLAINT;
ORDER
Case No. 2:15-CV-0849-TLN-CKD
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avoid the necessity of allocating or apportioning the Settlement between the federal and
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state actions, and for the benefit of judicial economy and finality, the parties wish to
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stipulate to the amending of the federal action to permit the addition of the related state
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court claims found in Case No. 34-2015-00178126-CU-PO-GDS. (Attached hereto as
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“Exhibit A”.)
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Following the filing of the Second Amended Complaint, should this Court
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ultimately grant the minor’s compromise, Plaintiff will dismiss with prejudice the state
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and federal court actions. While the parties anticipate that this Court will ultimately grant
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the minor’s compromise, the parties wish to further stipulate that should this Court not
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grant the minor’s compromise, Plaintiff will seek an order dismissing the state court
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claims added by way of this stipulation and Plaintiff will pursue the state court claims in
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state court.
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Respectfully Submitted,
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Dated: December 13, 2016
RUDERMAN & KNOX, LLP
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/S/ COLLEEN A. SNYDER
COLLEEN A. SNYDER
Attorney for Plaintiff
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Dated: December 13, 2016
ANWYL & STEPP, LLP
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/S/ JIM ANWYL
JIM ANWYL
Attorney for Defendant
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JOINT STIPULATION AND REQUEST TO AMEND COMPLAINT;
ORDER
Case No. 2:15-CV-0849-TLN-CKD
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GOOD CAUSE APPEARING, IT IS HEREBY ORDERED:
1. Plaintiff is granted leave to amend and file her Second Amended Complaint as set
forth in Exhibit A;
2. Upon the filing of the Second Amended Complaint, the Court deems the matter
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settled and unless otherwise ordered by this Court, no responsive pleading need be
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filed by Defendants;
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3. Within 30 days of the filing of the Second Amended Complaint, Plaintiff is
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directed to file and serve, in compliance with Local Rule 202(b)(2), a Motion for
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Approval of Proposed Settlement, Disbursement of Funds, and Dismissal of
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Action;
4. The parties’ Stipulations recited above are noted for the record.
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IT IS SO ORDERED.
Dated: December 15, 2016
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Troy L. Nunley
United States District Judge
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JOINT STIPULATION AND REQUEST TO AMEND COMPLAINT;
ORDER
Case No. 2:15-CV-0849-TLN-CKD
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