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Unverferth v. Liberty Union High School District, 3:15-cv-01721-EMC. (2017)

Court: District Court, N.D. California Number: infdco20170403a04 Visitors: 4
Filed: Mar. 31, 2017
Latest Update: Mar. 31, 2017
Summary: STIPULATION AND [PROPOSED] ORDER FOR DISMISSAL WITH PREJUDICE EDWARD M. CHEN , District Judge . Plaintiffs SARAH UNVERFERTH and P.C., a minor, by and through his guardian ad litem Sarah Unverferth (collectively "Plaintiffs") and Defendants LIBERTY UNION HIGH SCHOOL DISTRICT, ERIC VOLTA, JOHN SAYLOR, PATRICK WALSH, JENNIFER KOETT, ILENE FOSTER, and SANDRA GUARDADO (collectively "Defendants"), by and through their counsel, hereby stipulate as follows: WHEREAS, the parties and their co
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STIPULATION AND [PROPOSED] ORDER FOR DISMISSAL WITH PREJUDICE

Plaintiffs SARAH UNVERFERTH and P.C., a minor, by and through his guardian ad litem Sarah Unverferth (collectively "Plaintiffs") and Defendants LIBERTY UNION HIGH SCHOOL DISTRICT, ERIC VOLTA, JOHN SAYLOR, PATRICK WALSH, JENNIFER KOETT, ILENE FOSTER, and SANDRA GUARDADO (collectively "Defendants"), by and through their counsel, hereby stipulate as follows:

WHEREAS, the parties and their counsel participated in mediation, per the court's order, on September 13, 2016 and reached an agreement to settle the entire action;

WHEREAS, the Court issued an Order Granting Plaintiffs' Motion for Order Confirming Settlement of Minor's Claims, on February 16, 2017 (Doc. 88) (the "Order"); and

WHEREAS, Plaintiffs have executed a Release Agreement and Defendants have issued payment to Plaintiff consistent with the settlement reached at mediation on September 13, 2016 and the Court's order granting Plaintiffs' Motion for Order Confirming Settlement, which is conditional upon the Court's entry of order dismissing this matter in its entirety,

IT IS HEREBY STIPULATED, by and among the parties to this action, that:

1. The above-captioned action in its entirety is to be dismissed, with prejudice, and

2. Each of the parties is to bear its own attorneys' fees, costs, and expenses associated with this action, and

3. The Court shall retain jurisdiction over this matter to enforce the terms of the Release Agreement, executed on March 28, 2017.

IT IS SO STIPULATED.

ORDER

The Court, having considered the stipulation of the parties and good cause appearing therefor, HEREBY ORDERS THAT:

1. The action in its entirety is dismissed, with prejudice, and

2. Each of the parties shall bear its own attorneys' fees, costs, and expenses associated with this action

3. The Court shall retain jurisdiction over this matter to enforce the terms of the Release Agreement, executed on March 28, 2017.

Source:  Leagle

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