Pacific Coast Horseshoeing School, Inc. et al v. Grafilo, et al

Filing 71

STIPULATION and ORDER signed by District Judge John A. Mendez on 12/09/2021 DISMISSING Defendants Deborah Cochrane and Kimberly Kirchmeyer with prejudice. The respective parties shall bear their own fees and costs.(Mena-Sanchez, L)

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ROB BONTA
Attorney General of California
PAUL STEIN
Supervising Deputy Attorney General
P. PATTY LI, State Bar No. 266937
CHAD A. STEGEMAN, State Bar No. 225745
Deputy Attorney General
455 Golden Gate Avenue, Suite 11000
San Francisco, CA 94102-7004
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants Kimberly Kirchmeyer and
Deborah Cochrane, in their official capacities
IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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PACIFIC COAST HORSESHOEING
SCHOOL, INC., et al.,

2:17-cv-02217-JAM-GGH

STIPULATION AND ORDER FOR
Plaintiffs, DISMISSAL

v.

Action Filed: October 23, 2017

KIMBERLY KIRCHMEYER, in her
official capacity as Director of Consumer
Affairs; and DEBORAH COCHRANE, in
her official capacity as Chief of the Bureau
for Private and Postsecondary Education,
Defendants.

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Pro se plaintiff Esteban Narez and defendants Kimberly Kirchmeyer and Deborah Cochrane
through their counsel (Defendants), stipulate as follows:
WHEREAS, this case involves a challenge to California’s ability-to-benefit requirement,
codified at California Education Code § 94904(a) and Cal. Code Regs., tit. 5, § 71770(a)(1);

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Dismissal Stipulation and Order (2:17-cv-02217-JAM-GGH)

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WHEREAS, in September 2021 the California Assembly passed and the California
Governor signed into law Senate Bill 607;
WHEREAS, Senate Bill 607 repeals California Education Code § 94904, the statute
codifying California’s ability-to-benefit requirement;

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WHEREAS, Senate Bill 607 will take effect on January 1, 2022;

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WHEREAS, Plaintiffs Pacific Coast Horseshoeing School and Bob Smith dismissed their

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claims with the Court’s approval (see Order, ECF No. 67) and Plaintiff Narez is the sole

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remaining plaintiff in this action;

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WHEREAS, Plaintiff Narez no longer wishes to pursue this action, and wishes to dismiss
this action;
NOW THEREFORE, based on the foregoing recitals, Plaintiff Narez and the Defendants

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stipulate and agree that the claims of Plaintiff Narez in this action shall be dismissed with

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prejudice. The respective parties shall bear their own fees and costs.

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SO STIPULATED.

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Dated: December 9, 2021

/s/ Esteban Narez (as authorized by e-mail
on December 8, 2021)
Esteban Narez
Plaintiff Pro Se

Dated: December 9, 2021

ROB BONTA
Attorney General of California
PAUL STEIN
Supervising Deputy Attorney General

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/s/ Chad A. Stegeman
Chad A. Stegeman
Deputy Attorney General
Attorneys for Defendants Kimberly
Kirchmeyer and Deborah Cochrane, in their
official capacities

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IT IS SO ORDERED.
Dated: December 9, 2021

/s/ John A. Mendez
THE HONORABLE JOHN A. MENDEZ
UNITED STATES DISTRICT COURT JUDGE

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Dismissal Stipulation and Order (2:17-cv-02217-JAM-GGH)