L. et al v. Oakland Unified School District

Filing 45

STIPULATION AND ORDER TO VACATE HEARING DATE. Signed by Judge Richard Seeborg on 9/23/13. (cl, COURT STAFF) (Filed on 9/23/2013)

1
2
3
4
5
6

Mandy G. Leigh #225748
Jay Jambeck SBN #226018
Sarah J. Fairchild SBN #238469
LEIGH LAW GROUP
870 Market Street, Suite 1157
San Francisco, CA 94102
Telephone:
415-399-9155
Facsimile:
415-795-3733
Email: [e-mail]
Attorneys for N.L. by and through her guardian ad litem Y. Rutherford

7
8
9
10
11
12
13

Lenore Silverman, SBN 146112
David Mishook, SBN 273555
FAGEN FRIEDMAN & FULFROST
70 Washington Street, Suite 205
Oakland, CA 94607-3795
Direct: [phone]
Main Phone: [phone]
Main Fax: [phone]
Attorneys for OUSD

14
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

15
16
17
18
19

) Case No. C 13-00488 RS
)
) STIPULATION AND [PROPOSED]
) ORDER TO VACATE HEARING DATE
)
)
)
)
)
)
)
)
)
)

N.L. and through her Guardian Ad Litem Y.
RUTHERFORD

20
21
22

Plaintiff
v.
OAKLAND UNIFIED SCHOOL DISTRICT

23
24

Defendant

25
26
27
28

CIVIL ACTION NO.: C 13-00488

STIPULATION AND [PROPOSED] ORDER TO VACATE HEARING DATE

1

1
2

SUBJECT TO THE APPROVAL OF THIS COURT, THE PARTIES HEREBY STIPULATE AS
FOLLOWS:
1. On July 31, 2013 the Clerk of the Court continued the hearing dates for the Motion to

3
4

Enforce Judgment (previously set for August 15, 2013) and the Motion for Judgment on

5

the Pleadings (previously set for August 29, 2013);

6

2. The parties used this time to continue settlement negotiations;

7

3. On or about September 20th 2013 the parties signed a settlement agreement document in

8

order to settle their matter entirely;

9

4. California law requires Defendant’s Governing Board to approve or ratify the settlement

10

for the settlement agreement to be final;

11
12

5. In light of the pending settlement the parties agree to stipulate to vacate the September 26,

13

hearing on the Motion to Enforce Judgment and Motion for Judgment on the Pleadings;

14

6. The parties agree that the motions can be re-filed if the settlement is not approved or

15
ratified by the Governing Board;

16

7. The parties request and stipulate to the hearings scheduled for September to be taken off

17

calendar at this time.

18
19

//

20

//

21

//

22
//
23
24

//

25

//

26

//

27

//

28

CIVIL ACTION NO.: C 13-00488

STIPULATION AND [PROPOSED] ORDER TO VACATE HEARING DATE

2

1

AGREED TO BY:

2

DATED:

3

LEIGH LAW GROUP

4

_/s/ Mandy G. Leigh___________________
Attorneys for Plaintiff

5

September 23, 2013

6
7

DATED:

8

_/s/ David R. Mishook ________________
David R. Mishook
Attorney for OUSD, Defendant

9

September 23, 2013

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

CIVIL ACTION NO.: C 13-00488

STIPULATION AND [PROPOSED] ORDER TO VACATE HEARING DATE

3

1
2
3

UNITED STATES DISTRICT COURT

4

NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION

5
6

) Case No. C 13-00488 RS
)
) [PROPOSED] ORDER TO VACATE
) HEARING DATE
)
)
)
)
)
)
)
)
)
)

N.L. and through her Guardian Ad Litem Y.
RUTHERFORD

7
8

Plaintiff

9
10

v.
OAKLAND UNIFIED SCHOOL DISTRICT

11
Defendant

12
13
14
15
16

GOOD CAUSE appearing from the above stipulation of the parties, IT IS SO ORDERED:

17

the date to hear the Motion for Judgment on the Pleadings and Motion to Enforce Judgment

18

(currently set to be heard September 26th 2013) will be vacated.

19

//

20
21
22

IT IS SO ORDERED.

23
24

DATED: 9/23/13

_______________________
HONORABLE JUDGE R.SEEBORG
U.S. DISTRICT COURT

25
26
27

00319-00139/497701.1

28

CIVIL ACTION NO.: C 13-00488

STIPULATION AND [PROPOSED] ORDER TO VACATE HEARING DATE

4