LR v. Pajaro Valley Unified School

Filing 54

ORDER GRANTING JOINT STIPULATION FOR DISMISSAL OF ENTIRE COMPLAINT AND COUNTER-CLAIM. Signed by Judge Nathanael Cousins on 8/7/2015. (lmh, COURT STAFF) (Filed on 8/7/2015)

1 JEFFREY RANDOLPH SBN 194126
Attorney at Law
2 1111 Pleasant Valley Rd
Aptos, CA 95003
3
Phone: [phone]
4 Fax: [phone]
Email: [e-mail]
5 Attorney for
LR, a minor, Scott Randolph, and Suzanne Randolph
6
FAGEN FRIEDMAN & FULFROST, LLP
7 Laurie E. Reynolds, SBN 148693
[e-mail]
8 David R. Mishook, SBN 273555
[e-mail]
9 70 Washington Street, Suite 205
Oakland, California 94607
10 Phone: [phone]
Fax: [phone]
11 Attorneys for PAJARO VALLEY UNIFIED SCHOOL DISTRICT
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13
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION

15 LR, by and through her guardian ad litem,
SCOTT RANDOLPH, SCOTT RANDOLPH,
16
and SUZANNE RANDOLPH, her parents,
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18
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)
)
)
)
Plaintiffs and
)
Counterdefendants
)
v.
)
)
PAJARO VALLEY UNIFIED SCHOOL
)
DISTRICT,
)
)
Defendant and Counterclaimant. )

Case No. 15-cv-00368-NC
JOINT STIPULATION AND REQUEST
FOR DISMISSAL OF ENTIRE
COMPLAINT AND COUNTER-CLAIM
AND PROPOSED ORDER

The Honorable Nathaniel Cousins
Crtrm. 7, 4th Floor
No Trial Date Set

24
25

Plaintiffs LR, by and through her guardian ad litem, SCOTT RANDOLPH, SCOTT

26 RANDOLPH, and SUZANNE RANDOLPH and Defendant PAJARO VALLEY UNIFIED
27 SCHOOL DISTRICT (together “Parties”) hereby stipulate and request as follows:
28
15-cv-00368-NC
JOINT STIPULATION AND REQUEST TO DISMISS

1

WHEREAS Plaintiffs filed the complaint in this matter alleging a single cause of action for

2 review of an adverse state administrative decision under the Individuals with Disabilities
3 Education Act (“IDEA”), 20 U.S.C. § 1400 et seq. on January 27, 2015 (Docket No. 1);
4

WHEREAS Defendant filed its answer and counterclaim for review under the IDEA on

5 March 10, 2015 (Docket Nos. 8, 9);
6

WHEREAS the parties have been engaged in settlement discussions during the pendency

7 of this action;
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WHEREAS the Parties entered into a settlement agreement disposing of all claims on

9 August 6, 2015; and
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WHEREAS the settlement agreement requires the Parties to dismiss all pending legal

11 claims pending against the other with prejudice;
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The Parties hereby STIPULATE AND REQUEST that the Court dismiss this entire action,

13 including the complaint and counterclaim, WITH PREJUDICE.
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15

Date: August 7, 2015

____/JR/________________________
Jeffrey Randolph, Attorney for Plaintiff LR, SCOTT
RANDOLPH, AND SUZANNE RANDOLPH

Date: August 7, 2015

____/DRM/________________________
David R. Mishook, Attorney for Defendant, PAJARO
VALLEY UNIFIED SCHOOL DISTRICT

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PURSUANT TO STIPULATION, IT IS HEREBY ORDERED THAT this case, including all

21 claims and counter-claims, be dismissed WITH PREJUDICE.
22

IT IS SO ORDERED.

S

UNIT
ED

24 DATED: August ______, 2015
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The Honorable Nathanael Cousins ousins
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00223-00164/804312.1

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R NIA

________________________________________

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C
F
D I S T I C T O 15-cv-00368-NC
R
JOINT STIPULATION AND REQUEST TO DISMISS
2

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