Jane Roe AB 51 v. Doe 1 et al

Filing 35

STIPULATION and ORDER signed by District Judge Daniel J. Calabretta on 3/10/2025 DISMISSING with prejudice the 1 Complaint's fifth cause of action for breach of mandatory duty and prayer for attorney's fees is STRICKEN with prejudice. (Deputy Clerk AMW)

1
2
3
4
5
6
7
8

Lisa Dearden Trépanier (SBN 156302)
[e-mail]
Gregory E. Eisner (SBN 190135)
[e-mail]
Lisa M. Dale (SBN 194688)
[e-mail]
TRÉPANIER TAJIMA LLP
4605 Lankershim Blvd., Suite 540
North Hollywood, California 91602
Telephone: [phone]
Attorneys for Defendants The Church of Jesus
Christ of Latter-day Saints and Temple Corporation
of The Church of Jesus Christ of Latter-day Saints

9

UNITED STATES DISTRICT COURT

10

EASTERN DISTRICT OF CALIFORNIA

11
12

Jane Roe AB 51,

13

Plaintiff,

14
15
16
17
18
19
20
21

vs.
THE CHURCH OF JESUS CHRIST OF
LATTER-DAY SAINTS, a corporation;
TEMPLE CORPORATION OF THE
CHURCH OF JESUS CHRIST OF
LATTER-DAY SAINTS, a corporation;
MODESTO CALIFORNIA NORTH STAKE
OF THE CHURCH OF JESUS CHRIST
OF LATTER-DAY SAINTS, an entity of
unknown form and DOE 4 to 100,

Case No. 2:24-cv-03488-DJC-CSK
District Judge Daniel J. Calabretta
Magistrate Judge Chi Soo Kim
STIPULATION AND ORDER TO ENTER
DISMISSAL OF PLAINTIFF’S FIFTH
CAUSE OF ACTION AND TO STRIKE
ATTORNEYS’ FEES WITH PREJUDICE

22
23
24

Inclusive,
Defendants.

25
26
27
28
TRÉPANIER
TAJIMA LLP

2:24-cv-3488-DJC-CSK
STIPULATION TO DISMISS 5TH COA & ATTY FEES; ORDER

-1-

1

STIPULATION

2

Plaintiff Jane Roe AB 51 and Defendants The Church of Jesus Christ of Latter-day

3

Saints and Temple Corporation of The Church of Jesus Christ of Latter-day Saints (“Church

4

Defendants” and together with Plaintiff, the “Parties”) stipulate:

5

WHEREAS, Plaintiff commenced this action with the filing of a Complaint for Damages

6

(“Complaint”) on August 26, 2024, in the Superior Court of the State of California, County of

7

Stanislaus, alleging claims for negligence, negligent supervision of a minor, sexual abuse of a

8

minor, negligent hiring, supervision and retention, and breach of mandatory duty;

9
10

WHEREAS, on December 13, 2024, Defendant Doe 1 removed this case to the United
States District Court for the Eastern District of California; and

11

WHEREAS, on November 22, 2024, the Parties reached an agreement that Plaintiff will

12

(1) dismiss with prejudice the Complaint’s Fifth Cause of Action for Breach of Mandatory Duty

13

and (2) strike with prejudice the Complaint’s attorneys’ fees prayer (ECF No. 1-2 [Complaint,

14

Prayer] ¶ 2).

15

THEREFORE, the Parties respectfully request that the Court (1) dismiss with prejudice

16

the Complaint’s Fifth Cause of Action for Breach of Mandatory Duty and (2) strike with prejudice

17

the Complaint’s prayer for attorneys’ fees.

18
19

SO STIPULATED.

20
21
22
23
24

[Signatures appear on following page.]

25
26
27
28
TRÉPANIER
TAJIMA LLP

2:24-cv-3488-DJC-CSK
STIPULATION TO DISMISS 5TH COA & ATTY FEES; ORDER

-2-

1
2

Dated: March 7, 2025

TRÉPANIER TAJIMA LLP

3
/s/ Lisa Dearden Trépanier
Lisa Dearden Trépanier
Gregory E. Eisner
Attorneys for Defendants The Church of Jesus
Christ of Latter-day Saints and Temple
Corporation of The Church of Jesus Christ of
Latter-day Saints

4
5
6
7
8
9
10

Dated: March 7, 2025
SLATER SLATER SCHULMAN LLP

11
12
13
14
15
16

/s/ Sarah Kissel Meier (as authorized on
February 27, 2025)
Michael W. Carney
Lauren A. Welling
Sarah Kissel Meier
Attorneys for Plaintiff
Jane Roe AB 51

17
18
19
20
21
22
23
24
25
26
27
28
TRÉPANIER
TAJIMA LLP

2:24-cv-3488-DJC-CSK
STIPULATION TO DISMISS 5TH COA & ATTY FEES; ORDER

-3-

1

ORDER

2

Based on the foregoing stipulation of the Parties, the Court ORDERS as follows:

3
4

1. The Complaint’s Fifth Cause of Action for Breach of Mandatory Duty is
dismissed with prejudice; and

5

2. The Complaint’s prayer for attorney’s fees is stricken with prejudice.

6
7

IT IS SO ORDERED.

8
9
10

Dated: March 10, 2025

/s/ Daniel J. Calabretta
THE HONORABLE DANIEL J. CALABRETTA
UNITED STATES DISTRICT JUDGE

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
TRÉPANIER
TAJIMA LLP

2:24-cv-3488-DJC-CSK
STIPULATION TO DISMISS 5TH COA & ATTY FEES; ORDER

-4-