S.B. v. County of San Joaquin

Filing 7

ORDER signed by District Judge Troy L. Nunley on 7/24/17 ORDERING that the Motion for Judgment on the Pleadings 5 is WITHDRAWN without prejudice and the hearing on 8/10/17 is VACATED. Exhibits A and B to the Motion shall be sealed and the Clerk is directed to remove them from the public records. (Mena-Sanchez, L)

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DANA A. SUNTAG, (State Bar No. 125127)
JOSHUA J. STEVENS, (State Bar No. 238105)
HERUM\CRABTREE\SUNTAG
A California Professional Corporation
3757 Pacific Avenue, Suite 222
Stockton, California 95207
Telephone: [phone]/Facsimile: [phone]
[e-mail]
[e-mail]

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Attorneys for All Defendants

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Case No.: 2:17-CV-01279-TLN-GGH

S.B.,

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Plaintiff,
STIPULATION TO WITHDRAW
MOTION FOR JUDGMENT ON THE
PLEADINGS AND TO SEAL
EXHIBITS AND ORDER

v.
COUNTY OF SAN JOAQUIN,
Defendants.

[No hearing requested]

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STIPULATION TO WITHDRAW MOTION
FOR JUDGMENT ON THE PLEADINGS
AND SEAL EXHIBITS & ORDER

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Plaintiff S.B. and Defendant County of San Joaquin (the “County”) enter into this
stipulation, as follows.
RECITALS

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A.

On July 13, 2017, the County filed a Motion for Judgment on the

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Pleadings as to Plaintiff’s first, second, and third claims for relief, set for hearing on

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August 10, 2017. (Doc. No. 5.)

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B.

The parties thereafter met and conferred regarding the Motion and the

County wishes to withdraw the Motion without prejudice.
C.

On July 14, 2017, the County’s counsel received an email from the Clerk

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of this Court stating that Exhibits A and B to the County’s Motion (Doc. No. 5-2, pp. 4-5,

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and Doc. No. 5-3, p. 4) did not comply with Federal Rule of Civil Procedure Rule 5.2 or

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Local Rule 140 because they contain Plaintiff S.B.’s full name and last name.

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D.

The events that form the basis of Plaintiff’s Complaint allegedly occurred

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when S.B. was a minor. Plaintiff turned 18 years old before filing her Complaint, as

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noted in Paragraph 1 of her Complaint. Therefore, it is not clear whether the rules

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contained in F.R.C.P. Rule 5.2(a)(3) and L.R. 140(a)(i) of identifying a minor only by

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initials apply to the instant case.

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E.

Counsel for the parties met and conferred on this issue as well, and it is

Plaintiff’s preference that all future filings identify only her initials.
STIPULATION

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IT IS STIPULATED AND AGREED, by the parties, and through their counsel of
record, as follows:
1.

The County’s motion for judgment on the pleadings be withdrawn without

prejudice and the August 10, 2017, hearing be vacated.

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STIPULATION TO WITHDRAW MOTION
FOR JUDGMENT ON THE PLEADINGS
AND SEAL EXHIBITS & ORDER

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2.

Exhibits A and B filed in support of the County’s Motion be sealed.

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Respectfully Submitted,

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Dated: July 21, 2017

SADIQ LAW FIRM
By: /s/ - Shafeeq Sadiq
Shafeeq Sadiq
Attorney for Plaintiff

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Dated: July 21, 2017

HERUM CRABTREE SUNTAG
A California Professional Corporation

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By: /s/ - Joshua J. Stevens
JOSHUA J. STEVENS
Attorney for All Defendants

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ORDER
The Court, having considered the parties’ stipulation, and good cause appearing,

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rules as follows:

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1.

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The Motion for Judgment on the Pleadings is withdrawn without prejudice

and the hearing on August 10, 2017, is vacated.
2.

Exhibits A and B to the Motion shall be sealed and the Clerk is directed to

remove them from the public records.
IT IS SO ORDERED.
DATED: July 24, 2017

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Troy L. Nunley
United States District Judge

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STIPULATION TO WITHDRAW MOTION
FOR JUDGMENT ON THE PLEADINGS
AND SEAL EXHIBITS & ORDER