Unverferth et al v. Liberty Union High School District et al

Filing 91

STIPULATION AND ORDER re 90 FOR DISMISSAL WITH PREJUDICE filed by P. C., Sarah Unverferth. Signed by Judge Edward M. Chen on 3/31/17. (bpf, COURT STAFF) (Filed on 3/31/2017)

1 Stephanie Y. Wu, SBN 268948
MCCORMICK, BARSTOW, SHEPPARD,
2 WAYTE & CARRUTH LLP
1125 I Street, Suite 1
3
Modesto, California 95354
4 T: [phone] | F: [phone]
[e-mail]
5 [e-mail]
6 Attorneys for Defendants,
LIBERTY UNION HIGH SCHOOL
7 DISTRICT, et al.

Todd Boley, SBN 68119
Justin Young, SBN 267315
LAW OFFICES OF TODD BOLEY
2381 Mariner Square Drive, Suite 280
Alameda, California 94501
T: [phone]
F: [phone]
[e-mail]
[e-mail]
Attorneys for Plaintiffs,
SARAH UNVERFERTH, et al.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SARAH UNVERFERTH and P.C., a minor,
11 by and through his guardian ad litem SARAH
UNVERFERTH,
12
Plaintiffs,
13
v.
14
LIBERTY UNION HIGH SCHOOL
15 DISTRICT, ERIC VOLTA, JOHN SAYLOR,
PATRICK WALSH, JENNIFER KOETT,
16 ILENE FOSTER, and SANDRA
GUARDADO, and DOES 1-30,
17
Defendants.
18

Case No. 3:15-cv-01721-EMC
STIPULATION AND [PROPOSED]
ORDER FOR DISMISSAL WITH
PREJUDICE
Judge: Hon. Edward M. Chen

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20

Plaintiffs SARAH UNVERFERTH and P.C., a minor, by and through his guardian ad

21 litem Sarah Unverferth (collectively “Plaintiffs”) and Defendants LIBERTY UNION HIGH
22 SCHOOL DISTRICT, ERIC VOLTA, JOHN SAYLOR, PATRICK WALSH, JENNIFER
23 KOETT, ILENE FOSTER, and SANDRA GUARDADO (collectively “Defendants”), by and
24 through their counsel, hereby stipulate as follows:
25

WHEREAS, the parties and their counsel participated in mediation, per the court’s order,

26 on September 13, 2016 and reached an agreement to settle the entire action;
27

WHEREAS, the Court issued an Order Granting Plaintiffs’ Motion for Order Confirming

28 Settlement of Minor’s Claims, on February 16, 2017 (Doc. 88) (the “Order”); and
MCCORMICK, BARSTOW,
SHEPPARD, W AYTE &
CARRUTH LLP
1125 I ST., SUITE 1
MODESTO, CA 95354

3:15-cv-01721-EMC

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WHEREAS, Plaintiffs have executed a Release Agreement and Defendants have issued

2 payment to Plaintiff consistent with the settlement reached at mediation on September 13, 2016
3 and the Court’s order granting Plaintiffs’ Motion for Order Confirming Settlement, which is
4 conditional upon the Court’s entry of order dismissing this matter in its entirety,
5

IT IS HEREBY STIPULATED, by and among the parties to this action, that:

6

1.

The above-captioned action in its entirety is to be dismissed, with prejudice, and

7

2.

Each of the parties is to bear its own attorneys’ fees, costs, and expenses associated

8 with this action, and
9

3.

The Court shall retain jurisdiction over this matter to enforce the terms of the

10 Release Agreement, executed on March 28, 2017.
11 IT IS SO STIPULATED.
McCORMICK, BARSTOW, SHEPPARD,
WAYTE & CARRUTH LLP

12 Dated: March 28, 2017
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/s/ STEPHANIE Y. WU
Stephanie Y. Wu
Attorneys for Defendants,
LIBERTY UNION HIGH SCHOOL DISTRICT,
ERIC VOLTA, JOHN SAYLOR, PATRICK
WALSH, JENNIFER KOETT, ILENE FOSTER,
and SANDRA GUARDADO
By:

20 Dated: March 29, 2017

LAW OFFICES OF TODD BOLEY

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/s/ TODD A. BOLEY
Todd A. Boley
Attorneys for Plaintiffs,
SARAH UNVERFERTH and P.C., a minor, by and
through his guardian ad litem SARAH
UNVERFERTH
By:

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MCCORMICK, BARSTOW,
SHEPPARD, W AYTE &
CARRUTH LLP
1125 I ST., SUITE 1
MODESTO, CA 95354

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3:15-cv-01721-EMC

[PROPOSED]
ORDER

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The Court, having considered the stipulation of the parties and good cause appearing

4 therefor, HEREBY ORDERS THAT:
5

1.

The action in its entirety is dismissed, with prejudice, and

6

2.

Each of the parties shall bear its own attorneys’ fees, costs, and expenses associated

7 with this action
The Court shall retain jurisdiction over this matter to enforce the terms of the

9 Release Agreement, executed on March 28, 2017.

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S

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OO

IT IS S

dwa
Judge E

ER

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hen

rd M. C

NO

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Honorable Edward M. Chen
United States DistrictD
RDERE Court Judge

R NIA

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RT
U
O

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3/31/2017
Dated: _____________________

UNIT
ED

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S DISTRICT
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MCCORMICK, BARSTOW,
SHEPPARD, W AYTE &
CARRUTH LLP
1125 I ST., SUITE 1
MODESTO, CA 95354

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3:15-cv-01721-EMC