J.M.B. et al v. Red Bluff Joint Union High School District

Filing 32

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 11/15/2017 ORDERING the complaint is conditionally DISMISSED without prejudice. (Zignago, K.)

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1 2 3 4 5 6 7 8 9 10 11 12 13 DAN SIEGEL, SBN 56400 Email: danmsiegel@gmail.com JANE BRUNNER, SBN 135422 Email: janebrunner@hotmail.com EMILYROSE JOHNS, SBN 294319 Email: emilyrose@siegelyee.com SIEGEL, YEE 475 14th Street, Suite 500 & BRUNNER Oakland, CA 94612 Telephone: (510) 839-1200 ELIZABETH KRISTEN, SBN 218227 Email: ekristen@legalaidatwork.org KIM TURNER, SBN 277520 Email: kturner@legalaidatwork.org LEGAL AID AT WORK 180 Montgomery Street, Suite 600 San Francisco, CA 94104 Telephone: (415) 864-8848 Attorneys for Plaintiffs and the Proposed Class 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA T.S. by and through their next friend ) JERAMIE STRUTHERS; J.M.B. and J.E.B., ) by and through their next friend JAMES ) BRANDT; E.A., by and through her next ) friend HAZEL BRANDT; C.K. by and through ) her next friend TERESA HILL; and G.K. by ) and through her next friend LESLIANN ) JONES and all others similarly situated, ) ) Plaintiffs, ) ) vs. ) ) RED BLUFF JOINT UNION HIGH SCHOOL ) DISTRICT, ) ) Defendant. ) Case No. 2:17-cv-00489-TNL-EFB ORDER ENTERING SETTLEMENT AGREEMENT, CONDITIONALLY DISMISSING ACTION WITHOUT PREJUDICE, AND RETAINING JURISDICTION Order Entering Settlement Agreement, Conditionally Dismissing Action Without Prejudice, and Retaining Jurisdiction T.S., J.M.B., J.E.B., E.A., C.K., AND G.K. ET AL. v. RED BLUFF JOINT UNION HIGH SCHOOL DISTRICT Case No. 2:17-cv-00489-TNL-EFB 1 2 3 4 The Plaintiffs and the Defendant have entered into a Settlement Agreement and Incorporated Statement of Commitment (“Agreement”) (Exhibit B). ORDER that the Settlement Agreement and Incorporated Statement of Commitment (Exhibit B) and all its terms are herein fully incorporated in this Order; 5 6 7 8 9 10 ORDER that the Court shall retain continuing jurisdiction over all of the terms in the Agreement to enforce as provided in the Agreement; ORDER that the Complaint is conditionally dismissed without prejudice, pursuant to Fed. R. Civ. Proc. 41(a)(2); ORDER that the Court shall issue a final judgment with prejudice pursuant to Fed. R. 11 12 13 14 15 16 17 18 19 20 Civ. Proc. 54 and subject to 28 U.S.C. § 1291, on occurrence of one of the events representing fulfillment of the Settlement Agreement as provided in Section F.7 of the Agreement; ORDER that the Court retain jurisdiction pursuant to 28 U.S.C. § 1331 to enforce any provision of the Agreement as provided for in Section F.7 of the Settlement Agreement; ORDER that for all other purposes, this civil action is to be placed on the inactive docket, subject to recall to the active docket, should enforcement of the Agreement be necessary. IT IS SO ORDERED Dated: November 15, 2017 21 22 23 24 Troy L. Nunley United States District Judge 25 26 27 28 Order Entering Settlement Agreement, Conditionally Dismissing Action Without Prejudice, and Retaining Jurisdiction T.S., J.M.B., J.E.B., E.A., C.K., AND G.K. ET AL. v. RED BLUFF JOINT UNION HIGH SCHOOL DISTRICT Case No. 2:17-cv-00489-TNL-EFB 1 Dated: November 13_, 2017 Respectfully submitted, 2 3 SIEGEL, YEE & BRUNNER 4 By 5 Jane Brunner, SBN 135422 Dan Siegel, SBN 56400 EmilyRose Johns, SBN 294319 6 /s/ Jane Brunner 7 8 9 10 11 LEGAL AID AT WORK By /s/ Kim Turner Elizabeth Kristen, SBN 218227 Kim Turner, 277520 Attorneys for Plaintiffs and the Proposed Class 12 13 14 15 16 LEONE & ALBERTS By /s/ Jimmie E. Johnson Attorney’s for Defendant Red Bluff Joint Union High School District 17 18 19 20 21 22 23 24 25 26 27 28 Order Entering Settlement Agreement, Conditionally Dismissing Action Without Prejudice, and Retaining Jurisdiction T.S., J.M.B., J.E.B., E.A., C.K., AND G.K. ET AL. v. RED BLUFF JOINT UNION HIGH SCHOOL DISTRICT Case No. 2:17-cv-00489-TNL-EFB

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