Salinas v. Palo Alto University et al

Filing 32

INTERIM ORDER RE DEFENDANTS' MOTION TO DISMISS. Defendants' supplemental briefing due by 5/3/2016. Plaintiff's supplemental briefing due by 5/10/2016. Signed by Magistrate Judge Howard R. Lloyd on 4/26/2016. (hrllc2, COURT STAFF) (Filed on 4/26/2016)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10

SAN JOSE DIVISION

United States District Court
Northern District of California

11
OSCAR SALINAS,

12

Case No. 5:15-cv-06336-HRL

Plaintiff,

13

INTERIM ORDER RE DEFENDANTS'
MOTION TO DISMISS

v.

14

PALO ALTO UNIVERSITY; DR. ALLEN
CALVIN, In His Individual And Official
Capacity; DR. JAMES BRECKENRIDGE,
In His Individual And Official Capacity; DR.
ROBERT RUSSELL, In His Individual And
Official Capacity; DR. SANDRA MACIAS,
In Her Individual And Official Capacity; and
DR. AMANDA FANNIFF, In Her Individual
And Official Capacity,

15
16
17
18
19

Defendants.

20

As discussed at the April 26, 2016 motion hearing, defendants shall submit supplemental

21
22

briefing with respect to their arguments concerning the arbitration clause in the Student Handbook.

23

Additionally, with respect to plaintiff’s negligence claim, this court will, upon further reflection,

24

require defendants to submit authority that their arguments also apply to private schools.1

25
26
27
28

1

Defendants’ cited Wells v. One2One Learning Found., 141 P.2d 225 (Cal. S. Ct. 2006), which
concerned a charter school that allegedly fraudulently claimed and received public education funds
from the state. The question presented was whether and under what circumstances public school
districts, charter schools, and the operators of such schools could be exposed to civil liability
based on such allegations.

1

Defendants’ supplemental briefing shall be submitted by May 3, 2016.

2

Plaintiff’s response shall be filed by May 10, 2016.

3

Unless otherwise ordered, the matter will then be deemed submitted without further

4

briefing or oral argument.

5

SO ORDERED.

6

Dated: April 26, 2016

7
8
HOWARD R. LLOYD
United States Magistrate Judge

9
10

United States District Court
Northern District of California

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2

1
2

5:15-cv-06336-HRL Notice has been electronically mailed to:
Michael Joseph Vartain [e-mail], [e-mail],
[e-mail], [e-mail], [e-mail]

3
Oscar Salinas

[e-mail]

4
5

William Charles Teeling [e-mail], [e-mail],
[e-mail]

6
7
8
9
10

United States District Court
Northern District of California

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3