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Jerald Clinton (J.C.) Eaglesmith v. Jeff Ray

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


December 30, 2011

JERALD CLINTON (J.C.) EAGLESMITH,
RAMONA EAGLESMITH, EILEEN COX, AND BRUCE BARNES,
PLAINTIFFS,
v.
JEFF RAY, AS AN INDIVIDUAL, SUE SEGURA, AS AN INDIVIDUAL, AND
BOARD OF TRUSTEES OF PLUMAS COUNTY OFFICE OF EDUCATION/ PLUMAS COUNTY UNIFIED SCHOOL DISTRICT, DEFENDANTS.

The opinion of the court was delivered by: John A. Mendez U. S. District Court Judge

DAN SIEGEL, SBN 56400 PETER HABERFELD, SBN 41723 DEAN ROYER, SBN 233292 SIEGEL & YEE 499 14th Street, Suite 220 Oakland, CA 94612 Telephone: (510) 839-1200 Facsimile: (510) 444-6698 Attorneys for Plaintiffs JERALD CLINTON (J.C.) EAGLESMITH, RAMONA EAGLESMITH, EILEEN COX, and BRUCE BARNES

STIPULATION AND ORDER TO DISMISS SPECIFIC ALLEGATIONS OF SECOND AMENDED COMPLAINT

Plaintiffs alleged in their Sixth Claim for Relief of their First Amended Complaint that defendants violated the First Amendment rights of plaintiff J.C. Eaglesmith. The Court, in its Order Granting in Part and Denying in Part Defendants' Motion to Dismiss and Motion to Strike (Dkt. 50), observed that such allegations were redundant because they also appeared in plaintiffs' Eighth Claim for Relief, and therefore dismissed them with prejudice. Plaintiffs inadvertently included those allegations in the Sixth Claim for Relief of their Second Amended Complaint. Therefore, plaintiffs and defendants hereby stipulate that those specific allegations be dismissed from the Sixth Claim for Relief of the Second Amended Complaint.

IT IS SO ORDERED:

20111230

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