Yvette Felarca v. Berkeley Unified School District et al

Filing 13

STIPULATION AND ORDER 12 to (1) Strike as Moot Portions of Motion for Preliminary Injunction, (2) Re-Schedule Hearing, and (3) Modify Briefing Schedule. Preliminary Injunction Hearing previously set for 12/8/2016 Continued to 2/2/2017 at 01:30 PM. Signed by Judge Richard Seeborg on 11/22/16. (cl, COURT STAFF) (Filed on 11/22/2016)

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MARK S. POSARD (SBN: 208790)
JEROME SCHREIBSTEIN (SBN: 154051
GORDON & REES SCULLY MANSUKHANI, LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Defendant
BERKELEY UNIFIED SCHOOL DISTRICT

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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Gordon & Rees LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111

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YVETTE FELARCA,

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Plaintiff,
vs.
BERKELEY UNIFIED SCHOOL
DISTRICT, SUPERINTENDENT DONALD
EVANS, BEATRIZ LEYVA-CUTLER, TY
ALPER, JUDY APPEL, JOSH DANIELS,
KAREN HEMPHILL, LISA VAN THILLO,
EVELYN TAMONDONG-BRADLEY,
JANET LEVENSON, MARC COPLAN, and
DOES 1-10,
Defendants.

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CASE NO. 16-06184 RS
STIPULATION TO (1) STRIKE AS
MOOT PORTIONS OF MOTION
FOR PRELIMINARY INJUNCTION,
(2) RE-SCHEDULE HEARING, AND
(3) MODIFY BRIEFING SCHEDULE;
PROPOSED ORDER

STIPULATION
This STIPULATION is entered into between plaintiff Yvette Felarca (“Felarca”), on the

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one hand, and defendant, Berkeley Unified School District (“BUSD”), on the other hand,

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through their respective counsel, as follows:

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WHEREAS, on October 26, 2016, this Court denied a Motion for Temporary Restraining

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Order brought by Felarca and set for hearing on December 8, 2016 a related Motion for

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Preliminary Injunction seeking (1) immediate reinstatement of Felarca to active-duty

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employment with BUSD, (2) to prevent further denial of wages, and (3) to rescind the imposition

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-1STIPULATION TO (1) STRIKE AS MOOT PORTIONS OF MOTION FOR PRELIMINARY INJUNCTION,
(2) RE-SCHEDULE HEARING, AND (3) MODIFY BRIEFING SCHEDULE; PROPOSED ORDER
(CASE NO. 16-06184 RS)

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of a disciplinary letter, and required any opposition to said Motion to be filed on or before

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November 10, 2016 (DOCKET # 9);

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WHEREAS, counsel for BUSD did not receive this Order from the Court until November
8, 2016;
WHEREAS, Felarca has been reinstated to active-duty employment with BUSD and,
THEREFORE, Felerca and BUSD have stipulated and agreed that:
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The portion of the Motion for Preliminary Injunction to reinstate Felarca is now

moot, as Felarca has been reinstated.
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The hearing on the Motion for Preliminary Injunction shall be continued on this

Court’s calendar to February 2, 2017 at 1:30 p.m., with all opposition papers to be filed

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Gordon & Rees LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111

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on/before January 12, 2017, and all reply papers to be filed on/before January 19, 2017.

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IT IS SO STIPULATED.

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Dated: November 21, 2016

GORDON & REES SCULLY MANSUKHANI, LLP

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By:

/S/ Jerome Schreibstein
MARK S. POSARD
JEROME SCHREIBSTEIN
Attorneys for Defendant
BERKELEY UNIFIED SCHOOL DISTRICT

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Dated: November 21, 2016

UNITED FOR EQUALITY AND AFFIRMATIVE
ACTION LEGAL DEFENSE FUND
By:
/S/ Ronald Cruz
RONALD CRUZ
SHANTA DRIVER* (Michigan Bar No. P65007)
*Pro hac vice application pending
Attorneys for Plaintiff

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-2STIPULATION TO (1) STRIKE AS MOOT PORTIONS OF MOTION FOR PRELIMINARY INJUNCTION,
(2) RE-SCHEDULE HEARING, AND (3) MODIFY BRIEFING SCHEDULE; PROPOSED ORDER
(CASE NO. 16-06184 RS)

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ORDER

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Per Stipulation of the parties, and good cause otherwise appearing:

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1.

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The portion of the Motion for Preliminary Injunction to reinstate Felarca is now

moot, as Felarca has been reinstated.
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The hearing on the Motion for Preliminary Injunction is hereby continued on this

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Court’s calendar to February 2, 2017 at 1:30 p.m., with all opposition papers to be filed

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on/before January 12, 2017 and all reply papers to be filed on/before January 19, 2017

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IT IS SO ORDERED.
Dated: November 22 , 2016

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By:

Gordon & Rees LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111

HON. RICHARD SEEBORG
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1128412/30539151v.1

-3STIPULATION TO (1) STRIKE AS MOOT PORTIONS OF MOTION FOR PRELIMINARY INJUNCTION,
(2) RE-SCHEDULE HEARING, AND (3) MODIFY BRIEFING SCHEDULE; PROPOSED ORDER
(CASE NO. 16-06184 RS)