Wormuth et al v. Lammersville Union School District et al
Filing
130
STIPULATION AND ORDER signed by District Judge Kimberly J. Mueller on 8/14/17 ORDERING the Declaration of Kirk Nicholas [Doc. 102-4], filed by Defendants, shall be removed from the docket and replaced with the redacted document attached as Exhibit A. (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: (209) 524-1100 | F: (209) 524-1188
neil.callahan@mccormickbarstow.com
5 stephanie.wu@mccormickbarstow.com
6 Attorneys for Defendants,
LAMMERSVILLE JOINT UNIFIED SCHOOL
7 DISTRICT, JAMES YEAGER, DAWN IBBS,
KIRK NICHOLAS, and KHUSHWINDER GILL
8
UNITED STATES DISTRICT COURT
9
EASTERN DISTRICT OF CALIFORNIA
10
11
ADRIANNA WORMUTH, SCOTT
12 WORMUTH and H.W., a minor, by and
through his guardians ad litem ADRIANNA
13 WORMUTH and SCOTT WORMUTH,
Plaintiffs,
14
15
Case No. 2:15-CV-01572-KJM-EFB
STIPULATION AND [PROPOSED]
ORDER TO REMOVE AND REPLACE
INCORRECTLY FILED DOCUMENT
[DOC 102-4]
v.
16 LAMMERSVILLE UNION SCHOOL
DISTRICT, JAMES YEAGER, DAWN IBBS,
17 TERESA HAUN, KIRK NICHOLAS, and
KHUSHWINDER GILL, and DOES 1-30,
18
Defendants.
19
20
21
22
23
24
25
26
27
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, KIRK NICHOLAS, and KHUSHWINDER GILL (“Defendants”) hereby
stipulate that:
1.
Plaintiff H.W. is a minor.
2.
In order to protect Plaintiff H.W.’s privacy interests, the parties have referred to
him by his initials (“H.W.”) during the entirety of this litigation.
28
1
STIPULATION AND ORDER TO REMOVE AND REPLACE INCORRECTLY FILED DOCUMENT
1
3.
On August 9, 2017, as Defendants’ counsel was sorting through hard copies of the
2 documents filed by Defendants on July 28, 2017 in support of their Motion for Summary
3 Judgment, she noticed that a prior version of the Declaration of Kirk Nicholas [Doc 102-4] –
4 which contained a reference to Plaintiff H.W.’s full name [See Doc. 102-4, at 2:9.] and omitted the
5 referenced exhibit – had inadvertently been filed/ The correct and redacted version of the
6 Declaration of Kirk Nicholas is attached hereto as Exhibit A.
7
4.
As soon as Defendants’ counsel realized that the incorrect version of the
8 Declaration had been filed, said counsel immediately contacted the CM/ECF helpdesk to seek
9 assistance, and then contacted Plaintiffs’ counsel to advise them of the error and seek their
10 agreement and authority to file the present stipulation and proposed order.
11
5.
In the interests of maintaining Plaintiff H.W.’s privacy, the parties agree, and
12 jointly request, that the erroneously filed Declaration of Kirk Nicholas [Doc. 102-4] should be
13 removed from PACER and replaced with the correct redacted document attached as Exhibit A.
14
IT IS SO STIPULATED.
15
16
17
LAW OFFICES OF PETER ALFERT
Dated: August 9, 2017
18
/s/ PETER ALFERT
Peter Alfert
Attorney for Plaintiffs,
ADRIANNA WORMUTH, SCOTT WORMUTH
and H.W., a minor
By:
19
20
21
22
McCORMICK, BARSTOW, SHEPPARD,
WAYTE & CARRUTH LLP
23 Dated: August 9, 2017
24
25
26
27
/s/ STEPHANIE Y WU
Stephanie Y. Wu
Attorney for Defendants,
LAMMERSVILLE UNION SCHOOL DISTRICT,
JAMES YEAGER, DAWN IBBS, KIRK
NICHOLAS, and KHUSHWINDER GILL
By:
28
2
STIPULATION AND ORDER TO REMOVE AND REPLACE INCORRECTLY FILED DOCUMENT
[PROPOSED] ORDER
1
2
3
4
Pursuant to the Stipulation of the parties, and good cause appearing, the Court HEREBY
ORDERS that:
The Declaration of Kirk Nicholas [Doc. 102-4], filed by Defendants, shall be removed
5
6
7
from the docket and replaced with the redacted document attached as Exhibit A.
IT IS SO ORDERED.
8
DATED: August 14, 2017.
9
10
UNITED STATES DISTRICT JUDGE
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
STIPULATION AND ORDER TO REMOVE AND REPLACE INCORRECTLY FILED DOCUMENT
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?