Wormuth et al v. Lammersville Union School District et al

Filing 76

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 6/12/2017 ORDERING that all allegations against Haun regarding punitive damages, including the request for punitive damages on page 14, line 25 of the Amended Complaint for Damages filed on 12/22/2015, are DISMISSED with prejudice, and Plaintiffs shall not be permitted to seek punitive damages against Haun at any time in this action. (Zignago, K.)

1
2
3
4
5
6
7

KELLIE M. MURPHY, ESQ. (SBN 245190)
[e-mail]
CRAIG A. TOMLINS, ESQ. (SBN 272678)
[e-mail]
JOHNSON SCHACHTER & LEWIS
A Professional Law Corporation
Harvard Square
2180 Harvard Street, Suite 560
Sacramento, CA 95815
Telephone: [phone]
Facsimile: [phone]
Attorneys for DEFENDANT:
TERESA HAUN

8

TELEPHONE: [phone] / FACSIMILE: [phone]

A PROFESSIONAL LAW CORPORATION

2180 HARVARD STREET, SUITE 560
SACRAMENTO, CA 95815

JOHNSON SCHACHTER & LEWIS

9

UNITED STATES DISTRICT COURT

10

FOR THE EASTERN DISTRICT OF CALIFORNIA

11
12
13
14
15
16
17
18
19
20
21

ADRIANNA WORMUTH, SCOTT
WORMUTH and H.W, a minor, by and
through his guardians ad litem ADRIANNA
WORMUTH and SCOTT WORMUTH,

)
)
)
)
)
)
Plaintiffs,
)
)
v.
)
)
LAMMERSVILLE UNION SCHOOL
DISTRICT, JAMES YEAGER, DAWN IBBS, )
TERESA HAUN, KIRK NICHOLAS, AND )
)
KHUSHWINDER GILL, and DOES 1-30,
)
)
Defendants.
)
)
AND RELATED ACTION.
)
)

CASE NO. 2:15-cv-1572-KJM-EFB
STIPULATION AND ORDER FOR
DISMISSAL OF PUNITIVE DAMAGE
ALLEGATIONS AGAINST DEFENDANT
TERESA HAUN

Complaint Filed:

July 22, 2015

Trial Date:

January 22, 2018

22
23

Plaintiffs ADRIANNA WORMUTH, SCOTT WORMUTH, and H.W., a minor, by and

24

through his guardians ad litem ADRIANNA WORMUTH and SCOTT WORMUTH

25

(“Plaintiffs”) and Defendant TERESA HAUN (“Haun”), by and through their attorneys of

26

record, hereby agree and stipulate as follows:

27
28

1.

Haun agrees not to seek a continuance of the trial date or any related deadlines in

this matter, or of any depositions previously set in this matter (except as set forth below), based
1
STIPULATION AND ORDER FOR DISMISSAL OF
PUNITIVE DAMAGE ALLEGATIONS AGAINST DEFENDANT TERESA HAUN

1

on the recent substitution of new counsel on her behalf. Haun reserves the right to do so at any

2

time on other grounds if warranted.

3

2.

Plaintiffs agree to reschedule Haun’s deposition, currently set for May 25, 2017,

4

for a date and time agreeable to Haun and her counsel, and to coordinate dates of any further

5

depositions set by Plaintiffs with Haun’s counsel.

6

3.

Plaintiffs further agree to dismiss, with prejudice, all allegations against Haun

TELEPHONE: [phone] / FACSIMILE: [phone]

A PROFESSIONAL LAW CORPORATION

the Amended Complaint for Damages filed on December 22, 2015, and to refrain from seeking

9

2180 HARVARD STREET, SUITE 560
SACRAMENTO, CA 95815

regarding punitive damages, including the request for punitive damages on page 14, line 25 of

8

JOHNSON SCHACHTER & LEWIS

7

punitive damages against Haun at any time in this action.

10
11

IT IS SO STIPULATED.
Dated: May 19, 2017

JOHNSON SCHACHTER & LEWIS
A Professional Law Corporation

12
13

By:_/s/ Kellie M. Murphy___________________
KELLIE M. MURPHY
CRAIG A. TOMLINS
Attorneys for Defendant TERESA HAUN

14
15
16

Dated: May 19, 2017

KRAEBER LAW OFFICE

17
18

By:/s/ Rhonda D. Kraeber (as auth. on 5/19/17)
RHONDA D. KRAEBER
Attorneys for Plaintiffs ADRIANNA
WORMUTH, SCOTT WORMUTH and H.W, a
minor, by and through his guardians ad litem
ADRIANNA WORMUTH and SCOTT
WORMUTH

19
20
21
22
23
24
25
26
27
28

Dated: May 19, 2017
By: /s/ Todd Boley (as authorized on 5/19/17)___
TODD BOLEY
ZOYA YARKYKH
Attorneys for Plaintiffs ADRIANNA
WORMUTH, SCOTT WORMUTH and H.W, a
minor, by and through his guardians ad litem
ADRIANNA WORMUTH and SCOTT
WORMUTH
2
STIPULATION AND ORDER FOR DISMISSAL OF
PUNITIVE DAMAGE ALLEGATIONS AGAINST DEFENDANT TERESA HAUN

1

Dated: May 19, 2017

LAW OFFICES OF PETER ALFERT

2
By:_/s/ Ian Hansen (as authorized on 5/19/17)____
PETER W. ALFERT
IAN HANSEN
Attorneys for Plaintiffs ADRIANNA
WORMUTH, SCOTT WORMUTH and H.W, a
minor, by and through his guardians ad litem
ADRIANNA WORMUTH and SCOTT
WORMUTH

3
4
5
6
7
8

ORDER

TELEPHONE: [phone] / FACSIMILE: [phone]

A PROFESSIONAL LAW CORPORATION

2180 HARVARD STREET, SUITE 560
SACRAMENTO, CA 95815

JOHNSON SCHACHTER & LEWIS

9
10

Based upon the stipulation of the parties and good cause appearing, the Court orders that

11

all allegations against Haun regarding punitive damages, including the request for punitive

12

damages on page 14, line 25 of the Amended Complaint for Damages filed on December 22,

13

2015, are dismissed with prejudice, and Plaintiffs shall not be permitted to seek punitive

14

damages against Haun at any time in this action.

15
16

IT IS SO ORDERED.
DATED: June 12, 2017

17
18
19

UNITED STATES DISTRICT JUDGE

20
21
22
23
24
25
26
27
28
3
STIPULATION AND ORDER FOR DISMISSAL OF
PUNITIVE DAMAGE ALLEGATIONS AGAINST DEFENDANT TERESA HAUN