Bailey v. Willows Unified School District et al

Filing 6

STIPULATION and ORDER REMANDING CASE to Glenn County Superior Court signed by District Judge Kimberly J. Mueller on 12/20/16. CASE CLOSED. (Kaminski, H)

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MARK R. VELASQUEZ (SBN 246732)
HUNT JEPPSON & GRIFFIN, LLP
1478 Stone Point Drive, Suite 100
Roseville, CA 95661
Telephone: [phone]

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Attorneys for Defendant WILLOWS UNIFIED
SCHOOL DISTRICT AND HOLLY MCLAUGHLIN

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LARRY L. BAUMBACH (SBN 50086)
LAW OFFICES OF LARRY L. BAUMBACH
2531 Forest Avenue, Suite 100
Chico, CA 95928
Telephone: [phone]
Attorney for Plaintiff PAUL BAILEY

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PAUL BAILEY,

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No. 2:16-cv-02546
Plaintiff,

v.

STIPULATION TO REMAND CASE BACK
TO GLENN COUNTY SUPERIOR
COURT; ORDER THEREON

WILLOWS UNIFIED SCHOOL
DISTRICT, HOLLY MCLAUGHLIN,
AND DOES 1 THROUGH 100,
INCLUSIVE
Defendants.

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Plaintiff PAUL BAILEY (Plaintiff) and Defendant WILLOWS UNIFIED SCHOOL
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DISTRICT (“Willows”) by and through their respective counsel, hereby agree and stipulate as
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follows:
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STIPULATION
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1.

On August 31, 2016, an action was commenced in the Superior Court of the State

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of California in and for the County of Glenn, entitled Paul Bailey v. Willows Unified School
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Stipulation to Remand Case Back to Glenn County Superior Court; Order Thereon

No. 2:16-cv-02546

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District; Holly McLaughlin; Does 1 through 100, and designated as Case No. 16CV01592 (“the

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Action”).

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2.

On October 25, 2016, Defendant Willows Unified School District filed a Notice of

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Removal of the Action to this Court pursuant to 28 U.S.C. §1441(a) based on Plaintiff’s claims

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brought under 42 U.S.C. §1983. The remaining defendant had not been served but agreed to

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subject herself to federal jurisdiction if and when she was served.

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3.

Unbeknownst to Willows, on October 25, 2016, the same day that Willows filed

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their Notice of Removal, Plaintiff filed their First Amended Complaint which omitted the 42

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U.S.C. §1983 claim and, in turn, the basis for this Court’s jurisdiction.

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4.

Therefore, the Parties hereby stipulate that this action should immediately be

remanded to the Glenn County Superior Court.
5.

This Stipulation moots all pending motions before this Court, and all pending

deadlines and hearings in this case should be taken off the Court’s calendar.

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Dated: November 10, 2016

HUNT JEPPSON & GRIFFIN, LLP

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/S/ MARK R. VELASQUEZ (AS AUTHORIZED ON 11/10/16)
MARK R. VELASQUEZ

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Attorneys for Defendants Willows Unified School
District and Holly McLaughlin

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Dated: November 10, 2016

LAW OFFICES OF LARRY L. BAUMBACH

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/S/ LARRY L. BAUMBACH (AS AUTHORIZED ON 11/10/16)
LARRY L. BAUMBACH
Attorney for Plaintiff Paul Bailey

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Stipulation to Remand Case Back to Glenn County Superior Court; Order Thereon

No. 2:16-cv-02546

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ORDER

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IT IS HEREBY ORDERED THAT:

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1.

This action immediately be remanded to the Glenn County Superior Court; and

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2.

This Stipulation moots all pending motions before this Court, and all pending

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deadlines and hearings in this case shall be taken off the Court’s calendar.

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Dated: December 20, 2016

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UNITED STATES DISTRICT JUDGE

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Stipulation to Remand Case Back to Glenn County Superior Court; Order Thereon

No. 2:16-cv-02546