M.F. v. Center Joint Unified School District

Filing 53

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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5 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 6 Attorneys for Plaintiff 1 2 3 4 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 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. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 Page 1 1 avoid the necessity of allocating or apportioning the Settlement between the federal and 2 state actions, and for the benefit of judicial economy and finality, the parties wish to 3 stipulate to the amending of the federal action to permit the addition of the related state 4 court claims found in Case No. 34-2015-00178126-CU-PO-GDS. (Attached hereto as 5 “Exhibit A”.) 6 Following the filing of the Second Amended Complaint, should this Court 7 ultimately grant the minor’s compromise, Plaintiff will dismiss with prejudice the state 8 and federal court actions. While the parties anticipate that this Court will ultimately grant 9 the minor’s compromise, the parties wish to further stipulate that should this Court not 10 grant the minor’s compromise, Plaintiff will seek an order dismissing the state court 11 claims added by way of this stipulation and Plaintiff will pursue the state court claims in 12 state court. 13 14 Respectfully Submitted, 15 16 Dated: December 13, 2016 RUDERMAN & KNOX, LLP 17 /S/ COLLEEN A. SNYDER COLLEEN A. SNYDER Attorney for Plaintiff 18 19 20 21 22 Dated: December 13, 2016 ANWYL & STEPP, LLP 23 24 /S/ JIM ANWYL JIM ANWYL Attorney for Defendant 25 26 27 28 JOINT STIPULATION AND REQUEST TO AMEND COMPLAINT; ORDER Case No. 2:15-CV-0849-TLN-CKD Page 2 1 2 3 4 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 5 settled and unless otherwise ordered by this Court, no responsive pleading need be 6 filed by Defendants; 7 3. Within 30 days of the filing of the Second Amended Complaint, Plaintiff is 8 directed to file and serve, in compliance with Local Rule 202(b)(2), a Motion for 9 Approval of Proposed Settlement, Disbursement of Funds, and Dismissal of 10 11 Action; 4. The parties’ Stipulations recited above are noted for the record. 12 13 14 IT IS SO ORDERED. Dated: December 15, 2016 15 16 Troy L. Nunley United States District Judge 17 18 19 20 21 22 23 24 25 26 27 28 JOINT STIPULATION AND REQUEST TO AMEND COMPLAINT; ORDER Case No. 2:15-CV-0849-TLN-CKD Page 3

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