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: [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 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,
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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, 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.

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STIPULATION AND ORDER TO REMOVE AND REPLACE INCORRECTLY FILED DOCUMENT

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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.
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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.
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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.  
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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

23 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 TO REMOVE AND REPLACE INCORRECTLY FILED DOCUMENT

[PROPOSED] ORDER

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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

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from the docket and replaced with the redacted document attached as Exhibit A.
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 TO REMOVE AND REPLACE INCORRECTLY FILED DOCUMENT