STIPULATION TO (1) STRIKE AS MOOT PORTIONS OF MOTION FOR PRELIMINARY INJUNCTION, (2) RE-SCHEDULE HEARING, AND (3) MODIFY BRIEFING SCHEDULE; PROPOSED ORDER

RICHARD SEEBORG, District Judge.

STIPULATION

This STIPULATION is entered into between plaintiff Yvette Felarca ("Felarca"), on the one hand, and defendant, Berkeley Unified School District ("BUSD"), on the other hand, through their respective counsel, as follows:

WHEREAS, on October 26, 2016, this Court denied a Motion for Temporary Restraining Order brought by Felarca and set for hearing on December 8, 2016 a related Motion for Preliminary Injunction seeking (1) immediate reinstatement of Felarca to active-duty employment with BUSD, (2) to prevent further denial of wages, and (3) to rescind the imposition of a disciplinary letter, and required any opposition to said Motion to be filed on or before November 10, 2016 (DOCKET # 9);

WHEREAS, counsel for BUSD did not receive this Order from the Court until November 8, 2016;

WHEREAS, Felarca has been reinstated to active-duty employment with BUSD and, THEREFORE, Felerca and BUSD have stipulated and agreed that:

1. The portion of the Motion for Preliminary Injunction to reinstate Felarca is now moot, as Felarca has been reinstated.

2. The hearing on the Motion for Preliminary Injunction shall be continued on this Court's calendar to February 2, 2017 at 1:30 p.m., with all opposition papers to be filed on/before January 12, 2017, and all reply papers to be filed on/before January 19, 2017.

IT IS SO STIPULATED.

ORDER

Per Stipulation of the parties, and good cause otherwise appearing:

1. The portion of the Motion for Preliminary Injunction to reinstate Felarca is now moot, as Felarca has been reinstated.

2. The hearing on the Motion for Preliminary Injunction is hereby continued on this Court's calendar to February 2, 2017 at 1:30 p.m., with all opposition papers to be filed on/before January 12, 2017 and all reply papers to be filed on/before January 19, 2017

IT IS SO ORDERED.