H. W. v. Eastern Sierra Unified Sch. Dist.

Full title: H. W., minor, by and through Guardian ad Litem HEIDI NELSON; and M.K.…

Court: UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

Date published: Jan 18, 2012

Case No.2:11-cv-00531-GEB-GGH (E.D. Cal. Jan. 18, 2012)

Opinion

Case No.2:11-cv-00531-GEB-GGH

01-18-2012

H. W., minor, by and through Guardian ad Litem HEIDI NELSON; and M.K., minor, by and through Guardian ad Litem ROBERT KOELLING Plaintiffs, v. EASTERN SIERRA UNIFIED SCHOOL DISTRICT; COLEVILLE HIGH SCHOOL PRINCIPAL JASON REED (individually and in his official capacity); ASSISTANT FOOTBALL COACH CODY CARLISLE (individually and in his official capacity);SUPERINTENDENT DON CLARK (individually and in his official capacity), AND DOES 1-50, Defendants.

GARLAND E. BURRELL

TIMOTHY A. SCOTT

California Bar No. 215074

LAW OFFICES OF TIMOTHY A. SCOTT, APC

GERALD SINGLETON, State Bar No. 208783

LAW OFFICES OF GERALD SINGLETON APC

Attorneys for Plaintiffs H. W., minor, by and through Guardian ad Litem HEIDI NELSON;

and M.K., minor, by and through Guardian ad Litem ROBERT KOELLING

PROPOSED ORDER DISMISSING

DEFENDANTS EASTERN SIERRA

UNIFIED SCHOOL DISTRICT, JASON

REED, AND DON CLARK PURSUANT TO

THE STIPULATION AND JOINT MOTION

Judge: Hon. Garland E. Burrell, Jr.

Dept: 10

Action Filed: February 24, 2011

WHEREAS, on February 24, 2011, the minor plaintiffs filed the Summons and Complaint against four named defendants - EASTERN SIERRA UNIFIED SCHOOL DISTRICT, JASON REED, CODY CARLISLE, and DON CLARK (the "Appearing Defendants") (ECF No.'s 1-4);

WHEREAS, three defendants including EASTERN SIERRA UNIFIED SCHOOL DISTRICT, JASON REED, and DON CLARK filed motions to dismiss in response to the Complaint (ECF No.'s 6-7), one of which was granted with leave to amend on October 12, 2011 (ECF No. 28);

WHEREAS, defendant CODY CARLISLE never formally appeared and default was entered against him by the Clerk of the Court on May 12, 2011 (ECF No. 15);

WHEREAS, plaintiffs and the Appearing Defendants have stipulated and agreed that the Appearing Defendants should be dismissed from this case;

THEREFORE, pursuant to and based upon the Stipulation and Joint Motion to Dismiss between the Plaintiffs and the Appearing Defendants, Defendants EASTERN SIERRA UNIFIED SCHOOL DISTRICT, JASON REED, and DON CLARK are dismissed. Defendant Cody Carlisle remains a party to this action.

SO ORDERED

________________________

GARLAND E. BURRELL, JR.

United States District Judge