Wormuth et al v. Lammersville Union School District et al

Filing 129

STIPULATION AND ORDER DISMISSING CERTAIN CLAIMS signed by District Judge Kimberly J. Mueller on 8/14/17 ORDERING that Plaintiffs' sixth claim for intentional infliction of emotional distress against all Defendants is dismissed with prejudice, with said parties to bear their own costs, attorneys' fees, and other expenses of litigation; Plaintiff H.W.'s first claim under 42 U.S.C. § 1983 against Defendants Gill, Nicholas, and Ibbs is dismissed with prejudice, with said parti es to bear their own costs, attorneys'fees, and other expenses of litigation, Plaintiff H.W.'s fifth claim under the Unruh Act against Defendants Gill, Nicholas, and Ibbs is dismissed with prejudice, with said parties to bear their own cost s, attorneys fees, andother expenses of litigation; Plaintiff H.W.'s seventh claim under Education Code § 220 against Defendants Nicholas, Gill, Yeager, and Ibbs is dismissed with prejudice, with said parties to bear their own costs, attor neys fees, and other expenses of litigation, and Plaintiffs' claim for punitive damages against all Defendants is dismissed with prejudice, with said parties to bear their own costs, attorneys' fees, and other expenses oflitigation.(Becknal, R)

1 Cornelius J. Callahan, SBN 202585
Stephanie Y. Wu, SBN 268948
2 McCORMICK, BARSTOW, SHEPPARD,
WAYTE & CARRUTH LLP
3 1125 I Street, Suite 1
Modesto, California 95354
4 T: [phone] | F: [phone]
[e-mail]
5 [e-mail]
6 Attorneys for Defendants,
LAMMERSVILLE JOINT UNIFIED SCHOOL
7 DISTRICT, JAMES YEAGER, DAWN IBBS,
KIRK NICHOLAS, and KHUSHWINDER GILL
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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ADRIANNA WORMUTH, SCOTT
12 WORMUTH and H.W., a minor, by and
through his guardians ad litem ADRIANNA
13 WORMUTH and SCOTT WORMUTH,
Plaintiffs,

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Case No. 2:15-CV-01572-KJM-EFB
STIPULATION AND [PROPOSED]
ORDER DISMISSING CERTAIN
CLAIMS

v.

16 LAMMERSVILLE UNION SCHOOL
DISTRICT, JAMES YEAGER, DAWN IBBS,
17 TERESA HAUN, KIRK NICHOLAS, and
KHUSHWINDER GILL, and DOES 1-30,
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Defendants.
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Plaintiffs ADRIANNA WORMUTH, SCOTT WORMUTH and H.W., a minor, by and
through his guardians ad litem ADRIANNA WORMUTH and SCOTT WORMUTH
(“Plaintiffs”), and Defendants LAMMERSVILLE JOINT UNIFIED SCHOOL DISTRICT,
JAMES YEAGER, DAWN IBBS, KIRK NICHOLAS, and KHUSHWINDER GILL
(“Defendants”), pursuant to Fed. R. Civ. P. 41(a), hereby stipulate that:
1.

Plaintiffs’ sixth claim for intentional infliction of emotional distress against all

Defendants should be dismissed with prejudice, with said parties to bear their own costs,
attorneys’ fees, and other expenses of litigation,

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1
STIPULATION AND ORDER DISMISSING CERTAIN CLAIMS

1

2.

Plaintiff H.W.’s first claim under 42 U.S.C. § 1983 against Defendants Gill and

2 Nicholas should be dismissed with prejudice, with said parties to bear their own costs, attorneys’
3 fees, and other expenses of litigation,
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3.

Plaintiff H.W.’s fifth claim under the Unruh Act against Defendants Gill and

5 Nicholas should be dismissed with prejudice, with said parties to bear their own costs, attorneys’
6 fees, and other expenses of litigation,
7

4.

Plaintiff H.W.’s seventh claim under Education Code § 220 against Defendants

8 Nicholas, Gill, and Yeager, should be dismissed with prejudice, with said parties to bear their own
9 costs, attorneys’ fees, and other expenses of litigation, and
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5.

Plaintiffs’ claim for punitive damages against all Defendants should be dismissed

11 with prejudice, with said parties to bear their own costs, attorneys’ fees, and other expenses of
12 litigation.
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IT IS SO STIPULATED.

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LAW OFFICES OF PETER ALFERT

Dated: August 9, 2017

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/s/ Peter Alfert
Peter Alfert
Attorney for Plaintiffs,
ADRIANNA WORMUTH, SCOTT WORMUTH
and H.W., a minor
By:

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McCORMICK, BARSTOW, SHEPPARD,
WAYTE & CARRUTH LLP

22 Dated: August 9, 2017
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/s/ Stephanie Y Wu
Stephanie Y. Wu
Attorney for Defendants,
LAMMERSVILLE UNION SCHOOL DISTRICT,
JAMES YEAGER, DAWN IBBS, KIRK
NICHOLAS, and KHUSHWINDER GILL
By:

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STIPULATION AND ORDER DISMISSING CERTAIN CLAIMS

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Dated: August 4, 2017

ALLARD, COWPERTHWAITE & GELINI
By:

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/s/ Mark P Edson
Mark P. Edson
Attorneys for Defendants,
NARESH SINGH, MRINAL SINGH

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STIPULATION AND ORDER DISMISSING CERTAIN CLAIMS

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[PROPOSED] ORDER
Pursuant to the Stipulation of the parties, and good cause appearing, the Court HEREBY

3 ORDERS that:
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1.

Plaintiffs’ sixth claim for intentional infliction of emotional distress against all

5 Defendants is dismissed with prejudice, with said parties to bear their own costs, attorneys’ fees,
6 and other expenses of litigation,
7

2.

Plaintiff H.W.’s first claim under 42 U.S.C. § 1983 against Defendants Gill,

8 Nicholas, and Ibbs is dismissed with prejudice, with said parties to bear their own costs, attorneys’
9 fees, and other expenses of litigation,
10

3.

Plaintiff H.W.’s fifth claim under the Unruh Act against Defendants Gill, Nicholas,

11 and Ibbs is dismissed with prejudice, with said parties to bear their own costs, attorneys’ fees, and
12 other expenses of litigation,
13

4.

Plaintiff H.W.’s seventh claim under Education Code § 220 against Defendants

14 Nicholas, Gill, Yeager, and Ibbs is dismissed with prejudice, with said parties to bear their own
15 costs, attorneys’ fees, and other expenses of litigation, and
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5.

Plaintiffs’ claim for punitive damages against all Defendants is dismissed with

17 prejudice, with said parties to bear their own costs, attorneys’ fees, and other expenses of
18 litigation.
19 IT IS SO ORDERED.
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DATED: August 14, 2017.

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UNITED STATES DISTRICT JUDGE

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STIPULATION AND ORDER DISMISSING CERTAIN CLAIMS