Trapasso v. Oakland Unified School District et al

Filing 24

ORDER APPROVING STIPULATION DISMISSING DEFENDANTS, WITHDRAWING MOTIONS, AND SETTING DEADLINE FOR ANSWER. Signed by Judge Alsup on November 29, 2010. (whalc2, COURT STAFF) (Filed on 11/29/2010)

Trapasso v. Oakland Unified School District et al

Doc. 24

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

JACQUELINE P. MINOR, State Bar No. 102735 MARION L. MCWILLIAMS, State Bar No. 187532 MICHAEL L. SMITH, State Bar No. 217751 OAKLAND UNIFIED SCHOOL DISTRICT 1025 Second Avenue, Room 406 Oakland, CA 94606 Telephone: [phone] Fax: [phone] [e-mail] Attorneys for Defendants OAKLAND UNIFIED SCHOOL DISTRICT, OAKLAND UNIFIED SCHOOL DISTRICT POLICE SERVICES, and LARRY HILLIARD UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA JOSEPH A. TRAPASSO Plaintiffs, vs. OAKLAND UNIFIED SCHOOL DISTRICT, et al., Defendants. The parties hereto, by and through their respective counsel, David M. Helbraun for Plaintiff Joseph A. Trapasso and Michael L. Smith for Defendants Oakland Unified School District ("OUSD"), Oakland Unified School District Police Services ("OUSDPS"), and Larry Hilliard (erroneously sued as Hillard) ("Hilliard") (collectively, "District Defendants"), hereby recite, agree, and request as follows: WHEREAS, On September 21, 2010, Plaintiff filed his Complaint naming District Defendants, inter alia, as Defendants in this matter; and WHEREAS, District Defendants currently have pending two motions to dismiss (one brought by OUSD and OUSDPS and the other brought by Hilliard) set for hearing before this Court for December 16, 2010; Plaintiff and District Defendants jointly agree, stipulate and request an order: Civil Action No. CV10-04260 WHA STIPULATION AND ORDER (1) OF DISMISSAL AND (2) RE DEFENDANTS' PENDING MOTIONS TO DISMISS PLAINTIFF'S COMPLAINT

STIPULATION AND ORDER (1) OF DISMISSAL AND (2) RE DEFENDANTS' PENDING MOTIONS TO DISMISS PLAINTIFF'S COMPLAINT

1

C10-04260 WHA

Dockets.Justia.com

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

1. That OUSD and OUSDPS are dismissed with prejudice from this action, leaving only Hilliard as a District Defendant in this action; 2. The Complaint, including Count One of the Complaint, is dismissed with prejudice as against Hilliard to the extent it is based upon the Fourteenth Amendment; 3. The Complaint, including Counts One, Three, Four, Five and Six of the Complaint, is dismissed with prejudice as against Hilliard in his official capacity only; 4. District Defendants hereby withdraw their pending motions to dismiss Plaintiff's Complaint currently set for December 16, 2010; 5. Hilliard has 20 days from the date of notice of entry of an order from the Court accepting and approving this stipulation in its entirety to answer the Complaint; and 6. Nothing in this stipulation and order bars any other claim set forth in the Complaint and any defense available to Hilliard or any other Defendant in this action. IT IS SO STIPULATED AND AGREED. Dated: November 24, 2010 HELBRAUN LAW FIRM

By:

/s/ David M. Helbraun, Esq. Attorney for Plaintiff, JOSEPH A TRAPASSO

Dated: November 24, 2010

JACQUELINE P. MINOR General Counsel By: /s/ Michael L. Smith, Esq. Attorneys for Defendants, OAKLAND UNIFIED SCHOOL, OAKLAND UNIFIED SCHOOL DISTRICT POLICE SERVICES, and LARRY HILLIARD

STIPULATION AND ORDER (1) OF DISMISSAL AND (2) RE DEFENDANTS' PENDING MOTIONS TO DISMISS PLAINTIFF'S COMPLAINT

2

C10-04260 WHA

1 2 3 4 5 6 7 8 9

GOOD CAUSE APPEARING, PURSUANT TO STIPULATION, IT IS SO ORDERED.

The hearing on December 16, 2010, is Vacated. PURSUANT TO THE PARTIES' STIPULATION, IT IS SO ORDERED.

November 29, 2010. Date: _______________________

_____________________________________ HON. WILLIAM H. ALSUP United States District Court Judge for the Northern District of California

L314004.P008

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26
STIPULATION AND ORDER (1) OF DISMISSAL AND (2) RE DEFENDANTS' PENDING MOTIONS TO DISMISS PLAINTIFF'S COMPLAINT 3 C10-04260 WHA