STIPULATION AND [PROPOSED] ORDER TO FILE FIRST AMENDED

RICHARD SEEBORG, District Judge.

Plaintiffs MICHELE SMITH, acting on her on behalf and as Guardian ad Litem for M.M., ("Plaintiffs") and Defendants TOBINWORLD, SARA FORGHANI, ANDREW ALTES, and ANTIOCH UNIFIED SCHOOL DISTRICT (hereinafter "AUSD") jointly submit this Stipulation and [Proposed] Order to File First Amended Complaint.

WHEREAS, on April 4, 2016, the Plaintiffs filed the above caption action entitled Michele Smith, et. al., v. Antioch Unified School District, et. al., U.S.D.C. Case No. 3:16-01676-JCS, hereinafter referred to as the "Smith Federal Action";

WHEREAS, previously on April 27, 2016, the Plaintiffs filed a complaint in Contra Costa County Superior Court, entitled Smith, et al., v. Antioch Unified School District, et. al., Superior Court of Contra Costa Case No. CIVMS C16-00782, hereinafter referred to as the "Smith State Action";

WHEREAS, the Smith Federal Action contains federal claims for Violation of Section 504 of the Rehabilitation Act of 1973 against Defendant Tobinworld, Violation of Section 504 of the Rehabilitation Act of 1973 against Defendant Antioch Unified, Discrimination in Violation of the Americans with Disabilities Act against Defendant Antioch Unified, Violation of the Unruh Act against Defendant Tobinworld, Violations of the Unfair Business Practices, California Code Section 17200 against Defendant Tobinworld, False Imprisonment against Defendant Altes, Intentional Infliction of Emotional Distress against Defendants Tobinworld, Forghani and Altes, Negligence against Defendants Tobinworld, Forghani and Altes, Negligent Hiring, Supervision or Retention against Defendants Tobinworld and Forghani, Violations of California Education Code Section 220 against Defendant Tobinworld, and Violation of a Mandatory Duty against Defendants Forghani and Altes;

WHEREAS, the Smith State Action contains state causes of action for Violations of California Education Code Section 220 against Defendant Antioch Unified and Negligence against Defendant Antioch Unified;

WHEREAS, the two actions involve common issues of fact and law and involve the same Plaintiffs and Defendants;

WHEREAS, this Court has already granted Plaintiffs leave to file a First Amended Compliant in federal court in response to this Court's ruling on Defendant Tobinworld's Motion to Dismiss, dated June 28, 2016;

WHEREAS, Plaintiffs and Defendant Antioch Unified have met and conferred about ways to proceed with Smith's State Complaint, and have agreed to amend Smith's Federal Complaint to include the state causes of action;

WHEREAS Plaintiffs shall file a First Amended Complaint on or before July 28, 2016;

WHEREAS, as a material condition of agreeing to include the state causes of action against Antioch Unified in the First Amended Complaint, Defendant Antioch Unified waives their 11th Amendment immunity from suit in federal court as to state claims. However, Defendant Antioch Unified expressly does not waive any other defenses to any state causes of action and/or federal claims asserted by the Plaintiffs herein;

WHEREAS, Defendants Tobinworld, Forghani and Altes have been informed of the agreement between Plaintiffs and Defendant Antioch Unified to incorporate the state causes of action into the First Amended Complaint, and have no objection to such an amendment; and

WHEREAS, the parties agree that should the federal court dismiss the federal claims, the litigation shall remain in federal court unless the federal court orders otherwise;

IT IS SO STIPULATED:

ATTESTATION STATEMENT

I, MAUREEN K. FELDMAN, declare as follows:

1. I am an attorney duly licensed to practice law in the State of California. I am one of the attorneys representing the Plaintiffs herein. I have personal knowledge of the matters declared herein and could testify truthfully thereto if called as a witness.

2. Concurrence in the filing of this document has been obtained from each of the other signatories to this document. I will maintain records to support this concurrence for subsequent production for the Court, if so ordered, or for inspection upon request by a party, until one year after the final resolution of the action (including appeal, if any).

I declare under the penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that this declaration was executed on July 28, 2016 in Alameda, California.

PROPOSED ORDER

Having read and considered the Joint Stipulation and [Proposed] Order to file First Amended Complaint,

IT IS HEREBY ORDERED.