Enyart v. National Conference of Bar Examiners, Inc. et al

Filing 24

ORDER RE VOLUNTARY DISMISSAL WITHOUT PREJUDICE OF DEFENDANT ACT, INC. re 16 Stipulation filed by Stephanie Enyart, ACT, Inc. terminated.. Signed by Judge Charles R. Breyer on 12/08/09. (be, COURT STAFF) (Filed on 12/8/2009)

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LAURENCE W. PARADIS (SBN: 122336) ANNA LEVINE (SBN: 227881) KARLA GILBRIDE (SBN: 264118) DISABILITY RIGHTS ADVOCATES 2001 Center Street, Third Floor Berkeley, CA 94704 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff STEPHANIE ENYART

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NGT/NA/726268vI

MICHAEL D. BRUNO (SBN: 166805) BRIAN P. MASCHLER (SBN: 111824) GORDON & REES LLP 275 Battery Street, Suite 2000 San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant ACT, INC.
(Additional Counsel Listed on Signature Page)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA STEPHANIE ENYART Plaintiff,
VS.

NATIONAL CONFERENCE OF BAR EXAMINERS, INC., ACT, INC., AND THE STATE BAR OF CALIFORNIA, Defendants.

) CASE NO. C09-05191 CRB ) ) STIPULATION RE: VOLUNTARY ) DISMISSAL WITHOUT ) PREJUDICE OF DEFENDANT ) ACT, INC.; [PROPOSED] ORDER ) THEREON ) ) ) ) )

Plaintiff, STEPHANIE ENYART ("Plaintiff'), and Defendants, NATIONAL CONFERENCE OF BAR EXAMINERS, INC. ("NCBE") and ACT, INC. ("ACT"), by and through their respective counsel, state as follows: WHEREAS, Plaintiff has filed a Complaint in this action alleging disability discrimination against her in connection with the California Bar Examination, and in particular, the Multistate Bar Exam (MBE) and the Multistate Professional Responsibility Examination -1STIPULATION RE: VOLUNTARY DISMISSAL WITHOUT PREJUDICE OF DEFENDANT ACT, INC.

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(MPRE); WHEREAS, Plaintiff has sought certain types of accommodations in connection with future administrations of the MBE and MPRE; WHEREAS, ACT has administered the MPRE under a contract with NCBE, which developed this exam; WHEREAS, the decision and authority with respect to whether to provide the particular accommodations sought by Plaintiff on the MPRE for future examinations rest with NCBE; and WHEREAS, Plaintiff has named ACT as a party in this action based upon, inter alia, the possibility that ACT may be an indispensable party with respect to the delivery and/or administration of certain prospective injunctive relief requested in this action; WHEREAS; ACT agrees to furnish to Plaintiff the accommodations if any, ordered by the Court in this action or which are agreed to by Plaintiff and NCBE therein; NOW, THEREFORE, the Parties hereby AGREE and STIPULATE, and request that the Court order, as follows: 1. action. 2. That ACT will abide by the final determination of the Court, including any That Defendant ACT is dismissed, without prejudice, as a defendant in this

injunctive relief, if granted, regarding accommodations which Plaintiff seeks with respect to the provision of testing accommodations in connection with any future administration of the MPRE in which ACT has any role or involvement. 3. By entering into this Stipulation, neither ACT nor NCBE makes any concession

or waives any position regarding the merits of any claims or defenses asserted, or which may be asserted, in this action. In particular but without limitation, neither ACT nor NCBE makes any concession or waives any position or defense with respect to the propriety or reasonableness of the disability accommodations sought by Plaintiff in this action. To the contrary, NCBE

-2STIPULATION RE: VOLUNTARY DISMISSAL WITHOUT PREJUDICE OF DEFENDANT ACT, INC.

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514

expressly preserves all defenses and positions with respect to the allegations and claims made in this action.

IT IS SO STIPULATED.

Dated: November , 2009 aurence W. Paradis Anna Levine Karla Gilbride DISABILITY RIGHTS ADVOCATES

Dated: NovembeE,22009 c ac i c 10--Bruno Brian P. Maschler GORDON & REES, LLP Attorneys for Defendant ACT, INC.

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16 17 18 19 20 21 22 23 24 25 26 27 28 -3STIPULATION RE: VOLUNTARY DISMISSAL WITHOUT PREJUDICE OF DEFENDANT ACT, INC. Dated: November

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Gregory Tenhoff COOLEY GODWARD KRONISH, LLP Five Palo Alto Square 3000 El Camino Real Palo Alto, CA 94306-2155 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant NATIONAL CONFERENCE OF BAR EXAM INERS,-N)

1 2 3 4 5 6 7 8 Dated: Dec. 8, 2009 9 10 ces
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[Proposed] ORDER

IT IS SO ORDERED.

Honorable Maria-Elena James U.S. Magistrate Judge

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15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4STIPULATION RE: VOLUNTARY DISMISSAL WITHOUT PREJUDICE OF DEFENDANT ACT, INC.