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N.L. v. Oakland Unified School District

United States District Court, Ninth Circuit

September 23, 2013

N.L. and through her Guardian Ad Litem Y. RUTHERFORD Plaintiff.
v.
OAKLAND UNIFIED SCHOOL DISTRICT, Defendant.

Mandy G. Leigh #225748, Jay Jambeck SBN #226018, Sarah J. Fairchild SBN #238469, LEIGH LAW GROUP, San Francisco, CA, Attorneys for N.L. by and through her guardian ad litem Y. Rutherford

Lenore Silverman, SBN 146112 David Mishook, SBN 273555 FAGEN FRIEDMAN & FULFROST, Oakland, CA, Attorneys for OUSD.

LEIGH LAW GROUP, Mandy G. Leigh, Attorneys for Plaintiff.

STIPULATION AND [PROPOSED] ORDER TO VACATE HEARING DATE

R. SEEBORG, District Judge.

SUBJECT TO THE APPROVAL OF THIS COURT, THE PARTIES HEREBY STIPULATE AS FOLLOWS:

1. On July 31, 2013 the Clerk of the Court continued the hearing dates for the Motion to Enforce Judgment (previously set for August 15, 2013) and the Motion for Judgment on the Pleadings (previously set for August 29, 2013);
2. The parties used this time to continue settlement negotiations;
3. On or about September 20th 2013 the parties signed a settlement agreement document in order to settle their matter entirely;
4. California law requires Defendant's Governing Board to approve or ratify the settlement for the settlement agreement to be final;
5. In light of the pending settlement the parties agree to stipulate to vacate the September 26, hearing on the Motion to Enforce Judgment and Motion for Judgment on the Pleadings;
6. The parties agree that the motions can be re-filed if the settlement is not approved or ratified by the Governing Board;
7. The parties request and stipulate to the hearings scheduled for September to be taken off calendar at this time.

[PROPOSED] ORDER TO VACATE HEARING DATE

GOOD CAUSE appearing from the above stipulation of the parties, IT IS SO ORDERED: the date to hear the Motion for Judgment on the Pleadings and Motion to Enforce Judgment (currently set to be heard September 26th 2013) will be vacated.

IT IS SO ORDERED.


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