STIPULATION AND [ PROPOSED ] ORDER DISMISSING CERTAIN CLAIMS

KIMBERLY J. MUELLER, District Judge.

Plaintiffs ADRIANNA WORMUTH, SCOTT WORMUTH and H.W., a minor, by and through his guardians ad litem ADRIANNA WORMUTH and SCOTT WORMUTH ("Plaintiffs"), and Defendants LAMMERSVILLE JOINT UNIFIED SCHOOL DISTRICT, JAMES YEAGER, DAWN IBBS, KIRK NICHOLAS, and KHUSHWINDER GILL ("Defendants"), pursuant to Fed. R. Civ. P. 41(a), hereby stipulate that:

1. Plaintiffs' sixth claim for intentional infliction of emotional distress against all Defendants should be dismissed with prejudice, with said parties to bear their own costs, attorneys' fees, and other expenses of litigation,

2. Plaintiff H.W.'s first claim under 42 U.S.C. § 1983 against Defendants Gill and Nicholas should be dismissed with prejudice, with said parties to bear their own costs, attorneys' fees, and other expenses of litigation,

3. Plaintiff H.W.'s fifth claim under the Unruh Act against Defendants Gill and Nicholas should be dismissed with prejudice, with said parties to bear their own costs, attorneys' fees, and other expenses of litigation,

4. Plaintiff H.W.'s seventh claim under Education Code § 220 against Defendants Nicholas, Gill, and Yeager, should be dismissed with prejudice, with said parties to bear their own costs, attorneys' fees, and other expenses of litigation, and

5. Plaintiffs' claim for punitive damages against all Defendants should be dismissed with prejudice, with said parties to bear their own costs, attorneys' fees, and other expenses of litigation.

IT IS SO STIPULATED.

[ PROPOSED ] ORDER

Pursuant to the Stipulation of the parties, and good cause appearing, the Court HEREBY ORDERS that:

1. Plaintiffs' sixth claim for intentional infliction of emotional distress against all Defendants is dismissed with prejudice, with said parties to bear their own costs, attorneys' fees, and other expenses of litigation,

2. Plaintiff H.W.'s first claim under 42 U.S.C. § 1983 against Defendants Gill, Nicholas, and Ibbs is dismissed with prejudice, with said parties to bear their own costs, attorneys' fees, and other expenses of litigation,

3. Plaintiff H.W.'s fifth claim under the Unruh Act against Defendants Gill, Nicholas, and Ibbs is dismissed with prejudice, with said parties to bear their own costs, attorneys' fees, and other expenses of litigation,

4. Plaintiff H.W.'s seventh claim under Education Code § 220 against Defendants Nicholas, Gill, Yeager, and Ibbs is dismissed with prejudice, with said parties to bear their own costs, attorneys' fees, and other expenses of litigation, and

5. Plaintiffs' claim for punitive damages against all Defendants is dismissed with prejudice, with said parties to bear their own costs, attorneys' fees, and other expenses of litigation.

IT IS SO ORDERED.