Ramos v. Los Rios Community College District

Filing 34

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 2/16/2018 ORDERING that plaintiff be allowed to file First Amended Complaint. (Hunt, G)

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Alexis S. McKenna, Esq., SBN: 197120
Elana R. Jacobs, Esq., SBN: 303178
WINER, McKENNA & BURRITT, LLP
1999 HARRISON STREET, SUITE
600
OAKLAND, CALIFORNIA 94612
Tel [phone]
Fax [phone]
Attorneys for Plaintiff
ANGELA RAMOS

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION
ANGELA RAMOS, an individual;

Case No.: 2:17-cv-01458-WBS-KJN

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Plaintiff,

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v.

STIPULATION AND [Proposed] ORDER
TO ALLOW PLAINTIFF TO FILE FIRST
AMENDED COMPLAINT

LOS RIOS COMMUNITY COLLEGE
DISTRICT, a public entity; THOMAS
KLOSTER dba METRO-MATH TUTORING
SERVICES, a company, THOMAS
KLOSTER, an individual; DOES 1-50,
inclusive,

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Defendants.
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Defendant LOS RIOS COMMUNITY COLLEGE DISTRICT and Plaintiff ANGELA
RAMOS hereby stipulate to allow Plaintiff to file her First Amended Complaint, without a
noticed motion or hearing, and that it be deemed filed and served as of the date of the signing of
this Order.
The parties hereby stipulate to the following changes:
1. Pursuant to Local Rule 143 (Fed. R. Civ. P. 83), Plaintiff hereby submits this
Stipulation and [Proposed] Order to File First Amended Complaint and her
[Proposed] First Amended Complaint.

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Stipulation and [Proposed] Order to File First Amended Complaint

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2. Pursuant to the Court’s January 29, 2018 Memorandum and Order Re: Motion to

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Dismiss State Law Claims, granting Defendant’s motion to dismiss Plaintiff’s state

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law claims under the California Equity in Higher Education Act, Cal. Educ. § 66270,

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California Civil Code § 51.9, negligence and intentional infliction of emotional

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distress, Plaintiff amended her Complaint to remove her claims for violation of

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California Civil Code § 51.9, negligence, and intentional infliction of emotional

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distress against Los Rios Community College District.

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3. Plaintiff further amended her Complaint to include a claim for violation of California

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Equity in Higher Education Act, Cal. Educ. § 66270, pursuant to agreement of the

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parties and counsels’ discussion with the Court at its Status (Pretrial Scheduling)

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Conference on February 12, 2018, regarding the standard of proof for violation of

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Cal. Educ. Code § 66270 being the same as that of Title IX, 20 U.S.C. § 1681(a).

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4. Finally, Plaintiff amended her Prayer for Damages to remove her prayer for punitive

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damages against Los Rios Community College District, as Defendant is a public

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entity.

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IT IS SO STIPULATED.

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DATED: February 15, 2018

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JOHNSON SCHACHTER & LEWIS
A Professional Law Corporation
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By: ___/s/ Jason M. Sherman__________
ALESA SCHACHTER
JASON M. SHERMAN
Attorneys for Defendant
LOS RIOS COMMUNITY
COLLEGE DISTRICT

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DATED: February 15, 2018

WINER, McKENNA & BURRITT, LLP

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_

By: ____/s/ Elana R. Jacobs ___________
Alexis S. McKenna
Elana R. Jacobs
Attorneys for Plaintiff
ANGELA RAMOS

Stipulation and [Proposed] Order to File First Amended Complaint

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IT IS SO ORDERED.

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Dated: February 16, 2018

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Stipulation and [Proposed] Order to File First Amended Complaint

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