Vacaville Unified School District v. B.

Filing 11

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 04/17/17 ORDERING that that this matter be DISMISSED WITH PREJUDICE and that each side shall bear its own costs. CASE CLOSED (Benson, A)

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1 FAGEN FRIEDMAN & FULFROST, LLP Jan E. Tomsky, SBN 173131 2 jtomsky@f3law.com David Mishook, SBN 273555 3 dmishook@f3law.com 70 Washington Street, Suite 205 4 Oakland, California 94607 Phone: 510-550-8200 5 Fax: 510-550-8211 6 Tania L. Whiteleather, SBN 141227 Law Offices of Tania L. Whiteleather 7 5445 E. Del Amo Blvd., Suite 207 Lakewood, CA 90712 8 Phone: 562-866-8755 Fax: 562-866-6875 9 tlwhiteleather@gmail.com Attorneys for VACAVILLE UNIFIED SCHOOL 11 DISTRICT 70 Washington Street, Suite 205 Oakland, California 94607 Main: 510-550-8200 • Fax: 510-550-8211 Fagen Friedman & Fulfrost, LLP 10 12 UNITED STATES DISTRICT COURT 13 EASTERN DISTRICT OF CALIFORNIA 14 15 VACAVILLE UNIFIED SCHOOL 16 DISTRICT, a local educational agency, Plaintiff, 17 18 Case No.: 2:16-cv-01810-WBS-GGH STIPULATION AND REQUEST FOR DISMISSAL vs. 19 S.B., a minor, 20 Defendant. 21 22 23 The Parties hereby submit this stipulation and request for dismissal in accordance with the 24 terms of a settlement between the parties in CAED Case No. 16-cv-01636-MCE-EFB approved as 25 a minor’s compromise by Judge England on March 23 2017. 26 WHEREAS on January 3, 2017, the Parties entered into a final settlement agreement in 27 related case 16-cv-01636-MCE-EFB; 28 WHEREAS Plaintiff Vacaville Unified School District (“District”) agreed to dismiss this STIPULATION AND REQUEST TO DISMISS; [PROPOSED] ORDER 1 case, with prejudice, following approval of the agreement as a minor’s compromise; WHEREAS at a hearing on March 23, 2017, Judge England stated on the record that he 2 3 would approve the minor’s compromise; 4 WHEREAS the Parties have been awaiting a formal order from Judge England; and 5 WHEREAS the Parties see no prejudice in dismissing the current matter while awaiting the 6 formal order. IT IS HEREBY STIPULATED AND REQUESTED THAT this Court enter an Order 7 8 dismissing the case with prejudice and, furhter, that each side shall bear its own costs. 9 FAGEN FRIEDMAN & FULFROST, LLP 11 70 Washington Street, Suite 205 Oakland, California 94607 Main: 510-550-8200 • Fax: 510-550-8211 Fagen Friedman & Fulfrost, LLP 10 DATED: April 13, 2017 12 By: /s/ David R. Mishook Jan E. Tomsky David R. Mishook Attorneys for VACAVILLE UNIFIED SCHOOL DISTRICT 13 14 15 16 17 DATED: April 13, 2017 LAW OFFICES OF TANIA L. WHITELEATHER 18 19 By: 20 /s/ Tania L. Whiteleather Tania L. Whiteleather Attorneys for S.B. 21 22 23 24 25 26 27 28 /// /// /// /// /// /// /// 2 STIPULATION AND REQUEST TO DISMISS; [PROPOSED] ORDER 1 Pursuant to the Stipulation and Request of the Parties, IT IS HEREBY ORDERED that this 2 matter be DISMISSED WITH PREJUDICE and that each side shall bear its own costs. 3 4 IT IS SO ORDERED. 5 6 Dated: April 17, 2017 7 8 9 11 70 Washington Street, Suite 205 Oakland, California 94607 Main: 510-550-8200 • Fax: 510-550-8211 Fagen Friedman & Fulfrost, LLP 10 00260-00167/3758163.1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 STIPULATION AND REQUEST TO DISMISS; [PROPOSED] ORDER

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