Doe et al v. Willits Charter School et al

Filing 212

ORDER DENYING PLAINTIFF'S OPPOSITION TO DEFENDANTS' REQUEST FOR ABSTRACT OF JUDGMENT TO BE ISSUED IN NAME OF MINOR PLAINTIFF AND CROSS-MOTIONS TO SEAL DEFENDANTS' MOTION (DOC 206) IDENTIFY OF PLAINTIFF AND TO RE-TAX COSTS. Signed by Judge Jeffrey S. White on 11/13/12. (jjoS, COURT STAFF) (Filed on 11/13/2012)

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Case3:09-cv-03655-JSW Document211 Filed11/13/12 Page1 of 2 1 2 3 4 5 6 7 8 9 10 LOUIS A. LEONE (SBN: 099874) MARINA B. PITTS (SBN: 120973) CHERYL L. MACKEY (SBN: 273029) STUBBS & LEONE A Professional Corporation 2175 N. California Blvd., Suite 900 Walnut Creek, CA 94596 Telephone: (925) 974-8600 Facsimile: (925) 974-8601 E-Mail: leonel@stubbsleone.com E-Mail: mackeyc@stubbsleone.com Attorneys for Defendants WILLITS CHARTER SCHOOL and SALLY RULISON UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 11 12 13 14 15 16 17 18 19 JANE DOE, a minor, through KRISTEN D., Guardian ad Litem, Plaintiff, vs. WILLITS UNIFIED SCHOOL DISTRICT, WILLITS CHARTER SCHOOL, SALLY RULISON, CLINT SMITH and DOES 1-40, Case No.: CV 09-3655 JSW [PROPOSED] ORDER DENYING PLAINTIFF’S OPPOSITION TO DEFENDANTS’ REQUEST FOR ABSTRACT OF JUDGMENT TO BE ISSUED IN NAME OF MINOR PLAINTIFF AND CROSS-MOTIONS TO SEAL DEFENDANTS’ MOTION (DOC 206) IDENTITY OF PLAINTIFF AND TO RE-TAX COSTS Defendants. 20 21 Plaintiff’s opposition to Defendants’ request for abstract of judgment to be issued 22 in name of minor plaintiff and cross-motions to seal Defendants’ motion (Doc 206) 23 identify of plaintiff and to re-tax costs was filed on September 25, 2012 and Defendants 24 Willits Charter School and Sally Rulison’s opposition was filed on October 4, 2012. 25 After full consideration of the moving papers, the opposition thereto, and the 26 authorities cited by the parties, the Court hereby denies plaintiff’s motion in its entirety. 27 28 ____________________________________________________________________________________________________________________ [PROPOSED] ORDER DENYING PLAINTIFF’S OPPOSITION TO Case No. 09-3655 JSW ISSUE JUDGMENT IN NAME OF IDENTITY OF MINOR PLAINTIFF AND TO RE-TAX COSTS 1 Case3:09-cv-03655-JSW Document211 Filed11/13/12 Page2 of 2 1 Specifically, the Court finds that Defendants’ abstract of judgment has been 2 issued and properly recorded; plaintiff’s correct name is required to enforce the 3 judgment pursuant to C.C.P. § 674(a)(4); the request to seal Defendants’ motion is no 4 longer warranted; and plaintiff’s motion to re-tax costs is untimely, as plaintiff failed to 5 file a timely objection to Defendants' bill of costs as dictated by Civ. L.R. 54-2. 6 7 IT IS SO ORDERED. 8 9 10 11 November 13 Dated: _______________, 2012 ___________________________ HON. JEFFREY S. WHITE Judge of the United State District Court Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ____________________________________________________________________________________________________________________ [PROPOSED] ORDER DENYING PLAINTIFF’S OPPOSITION TO Case No. 09-3655 JSW ISSUE JUDGMENT IN NAME OF IDENTITY OF MINOR PLAINTIFF AND TO RE-TAX COSTS 2

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