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Mandel v. Board of Trustees of the California State University, 3:17-cv-03511-WHO. (2017)

Court: District Court, N.D. California Number: infdco20170907c07 Visitors: 20
Filed: Sep. 06, 2017
Latest Update: Sep. 06, 2017
Summary: STIPULATION & ORDER RE MOTION TO STRIKE WILLIAM H. ORRICK , District Judge . STIPULATION Defendant Rabab Abdulhadi ("Dr. Abdulhadi") and Plaintiffs Jacob Mandel, Charles Volk, Liam Kern, Masha Merkulova, Aaron Parker, and Stephanie Rosekind ("Plaintiffs") through their respective counsel, stipulate as follows pursuant to Local Rule 6-2. Whereas on August 29, 2017, this Court entered an Order (ECF 50) based on a Stipulation between Plaintiffs and Dr. Abdulhadi and all other defendants, s
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STIPULATION & ORDER RE MOTION TO STRIKE

STIPULATION

Defendant Rabab Abdulhadi ("Dr. Abdulhadi") and Plaintiffs Jacob Mandel, Charles Volk, Liam Kern, Masha Merkulova, Aaron Parker, and Stephanie Rosekind ("Plaintiffs") through their respective counsel, stipulate as follows pursuant to Local Rule 6-2.

Whereas on August 29, 2017, this Court entered an Order (ECF 50) based on a Stipulation between Plaintiffs and Dr. Abdulhadi and all other defendants, setting forth a new briefing schedule based upon Plaintiffs' (then) to-be filed First Amended Complaint.

Whereas on August 31, 2017 Plaintiffs filed their First Amended Complaint (ECF 57).

Whereas the Plaintiffs' First Amended Complaint at Paragraph 43, page ten, lines 9-27 contains the exact language Dr. Abdulhadi previously moved to strike from the original complaint, (the "Motion to Strike," ECF 44).

• Dr. Abdulhadi and the Plaintiffs agree that although both the Plaintiffs' original Complaint and Dr. Abdulhadi's Motion to Strike Allegations of Complaint are moot, Dr. Abdulhadi's Motion to Strike will be deemed to apply to the same language in the Plaintiffs' First Amended Complaint, at which it had been directed in the original Complaint, and need not be refiled. • Consistent with the Court's August 29, 2017 Order (ECF 50), Dr. Abdulhadi and the Plaintiffs agree that Plaintiffs' opposition to Dr. Abdulhadi's Motion to Strike shall be filed no later than October 11, 2017, and that Dr. Abdulhadi's reply brief in support of the Motion to Strike shall be filed no later than October 25, 2017. • Dr. Abdulhadi and Plaintiffs agree that Dr. Abdulhadi's Motion to Dismiss Plaintiffs' original complaint (ECF 43) is moot, and that Dr. Abdulhadi may file a Motion to Dismiss the First Amended Complaint no later than September 14, 2017.

To the extent the Proposed Order adopting this Stipulation is denied, Dr. Abdulhadi and Plaintiffs agree that Plaintiffs will have 7 calendar days from the date of that denial to file an opposition to the Motion to Strike.

[PROPOSED] ORDER

IT IS SO ORDERED.

Source:  Leagle

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