Travis Unified School District v. Bell et al

Filing 39

STIPULATION and ORDER for Dismissal with Prejudice 38 signed by Senior Judge William B. Shubb on 11/17/2017. CASE CLOSED. (Kirksey Smith, K)

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DANNIS WOLIVER KELLEY
275 BATTERY STREET, SUITE 1150
SAN FRANCISCO, CA 94111

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MATTHEW J. TAMEL, State Bar No. 229378
[e-mail]
KASMIRA M. BROUGH, State Bar No. 308791
[e-mail]
Dannis Woliver Kelley
275 Battery Street, Suite 1150
San Francisco, CA 94111
Telephone: [phone]
Facsimile: 415.543.4384
Attorneys for Plaintiff and Counter-Defendant
TRAVIS UNIFIED SCHOOL DISTRICT
F. RICHARD RUDERMAN, SB No. 142226
[e-mail]
COLLEEN A. SNYDER, SB No. 274064
[e-mail]
Ruderman & Knox, LLP
1300 National Drive, Suite 200
Sacramento, CA 95834
Telephone: [phone]
Facsimile: 916-563-0114
Attorneys for Defendants and Counter-Claimants
C.B., DEBRA BELL, AND DONALD BELL

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TRAVIS UNIFIED SCHOOL
DISTRICT,
v.

Case No.

Plaintiff,

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Defendants.

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JOINT NOTICE OF SETTLEMENT;
STIPULATION TO DISMISS WITH
PREJUDICE; [PROPOSED] ORDER

DEBRA BELL and DONALD BELL,
individually and as parents on
behalf of C.B., a minor,

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2:17-CV-00808-WBS-AC

DEBRA BELL and DONALD BELL,
individually and as parents on
behalf of C.B., a minor,
T
Counter-Claimants,
v.

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Complaint Filed: April 18, 2017

TRAVIS UNIFIED SCHOOL
DISTRICT,
Counter-Defendant.
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DWK DMS
3190161v1

JOINT NOTICE OF SETTLEMENT; STIPULATION TO DISMISS WITH PREJUDICE;
[PROPOSED] ORDER

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NOTICE OF DISMISSAL AND STIPULATION

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Pursuant to Federal Rule of Civil Procedure 41 and Local

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Rule 160, Plaintiff and Counter-Defendant Travis Unified School

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District (“District”) and Defendants and Counter-Claimants Debra

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and Donald Bell, individually and as parents on behalf of C.B., a

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minor (collectively, “Parties”), through their undersigned

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counsel, hereby give notice to the Court that the Parties have

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entered into a written settlement agreement approved by the

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District’s Board of Education that resolves all of Plaintiff’s
and Counter-Claimants’ claims in the above-captioned matter.

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DANNIS WOLIVER KELLEY
275 BATTERY STREET, SUITE 1150
SAN FRANCISCO, CA 94111

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Through this Stipulation, the Parties respectfully request that

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the Court dismiss Plaintiff’s Complaint (Dkt. 1) and Counter-

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Claimants’ Counterclaim (Dkt. 28) in their entirety with

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prejudice.

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A proposed order is submitted herewith.

All signatories listed and on whose behalf the filing is

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submitted, concur in this filing’s contents and have authorized

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this filing.

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DATED: November 16, 2017

DANNIS WOLIVER KELLEY

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By: /s/ Matthew J. Tamel
MATTHEW J. TAMEL
KASMIRA M. BROUGH
Attorneys for Plaintiff /
Counter-Defendant
TRAVIS UNIFIED SCHOOL DISTRICT

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RUDERMAN & KNOX

DATED: November 16, 2017

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By: /s/ F. Richard Ruderman
F. RICHARD RUDERMAN
COLLEEN A. SNYDER
Attorneys for Defendants and
Counter-Claimants C.B., DEBRA
BELL, AND DONALD BELL

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DWK DMS
3190161v1

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JOINT NOTICE OF SETTLEMENT; STIPULATION TO DISMISS WITH PREJUDICE;
[PROPOSED] ORDER

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ORDER

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Having considered the Joint Notice of Settlement and

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Stipulation to Dismiss with Prejudice (“Stipulation”) filed by

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Plaintiff and Counter-Defendant Travis Unified School District

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(“District”) and Defendants and Counter-Claimants Debra and

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Donald Bell, individually and as parents on behalf of C.B., a

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minor (collectively, “Parties”), and good cause appearing

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therefore, it is hereby ORDERED as follows:

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1. The Stipulation is APPROVED;
2. Plaintiff’s Complaint (Dkt. 1) is DISMISSED in its
entirety with prejudice;

DANNIS WOLIVER KELLEY
275 BATTERY STREET, SUITE 1150
SAN FRANCISCO, CA 94111

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3. Counter-Claimants’ Counterclaim (Dkt. 28) is DISMISSED in
its entirety with prejudice;

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4. In light of the dismissal, all further deadlines set

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forth in the Status (Pretrial Scheduling) Order (Dkt. 34)

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are vacated.

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Dated:

November 17, 2017

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DWK DMS
3190161v1

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JOINT NOTICE OF SETTLEMENT; STIPULATION TO DISMISS WITH PREJUDICE;
[PROPOSED] ORDER