WALKUP, MELODIA, KELLY & SCHOENBERGER 650 CALIFORNIA STREET, 26TH FLOOR SAN FRANCISCO, CALIFORNIA 94108‐2615 T: (415) 981‐7210 ∙ F: (415) 391‐6965 DOUGLAS S. SAELTZER (State Bar #173088) dsaeltzer@walkuplawoffice.com KHALDOUN A. BAGHDADI (State Bar #190111) kbaghdadi@walkuplawoffice.com VALERIE N. ROSE (State Bar #272566) vrose@walkuplawoffice.com ATTORNEYS FOR PLAINTIFF R.N. TIMOTHY P. MURPHY (State Bar #120920) MEGAN M. SYMONDS (State Bar #244734) msymonds@emslawfirm.com 2300 Contra Costa Boulevard, Suite 450 Pleasant Hill, CA 94523 Phone: (925) 827-3300 Fax: (925) 827-3320 ATTORNEYS FOR DEFENDANTS SOLANO COUNTY OFFICE OF EDUCATION,
LYNN GARCIA (State Bar #131196) lynn@sdnlaw.com 601 University Avenue, Suite 225 Sacramento, CA 95825 Phone: (916) 448-7888 Fax: (916) 448-68888 ATTORNEYS FOR DEFENDANT
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
R.N., a minor, by and through her Case No. 2:20-cv-00562-KJM-EFB Guardian ad Litem NICOLE NEFF, STIPULATION AND ORDER Plaintiff, GRANTING LEAVE TO FILE FIRST AMENDED COMPLAINT v.
TRAVIS UNIFIED SCHOOL Date Filed: March 12, 2020 DISTRICT, a public entity, SOLANO Trial Date: Unassigned public entity, LILIA GUMAPAS, an individual, CHRISTOPHER MEARS, an individual, and DOES ONE through FIFTY, inclusive, Defendants.
The parties to the above-captioned action hereby stipulate by and through their undersigned counsel of record as follows: WHEREAS, on March 12, 2020, plaintiff filed the above-captioned action entitled R.N. v. Travis Unified School District, et al., USDC Case No. 1:20-at-00187 (hereinafter referred to as the “Neff federal action”). WHEREAS, on November 5, 2019, plaintiff filed a parallel action in the Superior Court of California, County of Solano, entitled R.N., et al. v. Travis Unified School District, et al., Case No. FCS053867 (hereinafter referred to as the “Neff state action”). WHEREAS, the Neff federal action contains federal claims for violation of the Americans with Disabilities Act and violation of § 504 of the Rehabilitation Act of 1973 and names as defendants Travis Unified School District, Solano County Office of Education, Lilia Gumapas, and Christopher Mears. WHEREAS, the Neff state action contains state causes of action for False Imprisonment, Battery, Intentional Infliction of Emotional Distress, Negligence, Negligent Hiring, Supervision, or Retention, Violation of Mandatory Duty, Violation of Civil Code § 51 et seq. (Unruh Act), and Violation of Education Code § 220. The Neff state action names as defendants Travis Unified School District, Solano County Office of Education, Lilia Gumapas, and Christopher Mears. WHEREAS, the two actions involve common issues of fact and law and involve the same plaintiffs and defendants. WHEREAS, the parties agree to request that this Court grant plaintiffs leave to file a First Amended Complaint in federal court that names all plaintiffs and one lawsuit to proceed before this Court. WHEREAS, plaintiffs shall file their First Amended Complaint in federal court within three days of the court entering the order granting leave to file the First Amended Complaint. The First Amended Complaint shall combine all the parties and all state causes of action and all the federal claims asserted in the two actions. WHEREAS, as a material condition of defendants’ stipulation to plaintiffs filing a First Amended Complaint combining the two actions in federal court, plaintiffs shall dismiss the R.N. state action with prejudice within two business days of the filing of the First Amended Complaint in this court. WHEREAS, defendants’ response to the First Amended Complaint shall be due 30 days after the filing of plaintiffs’ First Amended Complaint. WHEREAS, as a material further condition of agreeing to the filing of a First Amended Complaint combining the two actions in federal court, defendants Travis Unified School District and Solano County Office of Education waive their 11th Amendment immunity from suit in federal court. However, defendants Travis Unified School District and Solano County Office of Education expressly do not waive any other defenses, including, but not limited to any quality immunity defenses to any of the state causes of action and/or federal claims asserted, by the plaintiffs herein. Such defenses include, but are not limited to, that defendants are “not persons” for the purposes of an action brought pursuant to 42 U.S.C. sections 1981, 1983, 1986, 1985, 1987. (E.g. Will v. Michigan Department of State Police 491 U.S. 58 (1989); Lapides v. Board of Regents of University System of Georgia, 535 U.S. 613, 624 (2002); Kirchmann v. Lake Elsinore Unified School Dist. 83 Cal. App. 4th 1098, 1115 (2000); Belanger v Madera Unified School District .963 F.2d 248, 251 (9th Cir. 1992); cert, denied, 507 U.S. 909 (1993).) / / / / / / / / 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: Dated: April 7, 2020 WALKUP, MELODIA, KELLY & SCHOENBERGER
By: /s/ Valerie N. Rose KHALDOUN A. BAGHDADI VALERIE N. ROSE Attorneys for PLAINTIFF R.N.
Dated: April 7, 2020 EDRINGTON, SCHRIMER & MURPHY LLP
By: /s/ Megan M. Symonds TIMOTHY P. MURPHY MEGAN M. SYMONDS Attorneys for Defendants TRAVIS UNIFIED SCHOOL DISTRCIT, EDUCATION, and CHRISTOPHER MEARS
Dated: April 7, 2020 SPINELLI, DONALD & NOTT
By: /s/ Lynn Garcia LYNN GARCIA Attorneys for Defendant LILIA GUMAPAS
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WALKUP, MELODIA, KELLY & SCHOENBERGER 650 CALIFORNIA STREET, 26TH FLOOR SAN FRANCISCO, CALIFORNIA 94108‐2615 T: (415) 981‐7210 ∙ F: (415) 391‐6965 DOUGLAS S. SAELTZER (State Bar #173088) dsaeltzer@walkuplawoffice.com KHALDOUN A. BAGHDADI (State Bar #190111) kbaghdadi@walkuplawoffice.com VALERIE N. ROSE (State Bar #272566) vrose@walkuplawoffice.com ATTORNEYS FOR PLAINTIFF R.N. TIMOTHY P. MURPHY (State Bar #120920) MEGAN M. SYMONDS (State Bar #244734) msymonds@emslawfirm.com 2300 Contra Costa Boulevard, Suite 450 Pleasant Hill, CA 94523 Phone: (925) 827-3300 Fax: (925) 827-3320 ATTORNEYS FOR DEFENDANTS SOLANO COUNTY OFFICE OF EDUCATION,
LYNN GARCIA (State Bar #131196) lynn@sdnlaw.com 601 University Avenue, Suite 225 Sacramento, CA 95825 Phone: (916) 448-7888 Fax: (916) 448-68888 ATTORNEYS FOR DEFENDANT
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
R.N., a minor, by and through her Case No. 2:20-cv-00562-KJM-EFB Guardian ad Litem NICOLE NEFF, STIPULATION AND ORDER Plaintiff, GRANTING LEAVE TO FILE FIRST AMENDED COMPLAINT v.
TRAVIS UNIFIED SCHOOL Date Filed: March 12, 2020 DISTRICT, a public entity, SOLANO Trial Date: Unassigned public entity, LILIA GUMAPAS, an individual, CHRISTOPHER MEARS, an individual, and DOES ONE through FIFTY, inclusive, Defendants.
The parties to the above-captioned action hereby stipulate by and through their undersigned counsel of record as follows: WHEREAS, on March 12, 2020, plaintiff filed the above-captioned action entitled R.N. v. Travis Unified School District, et al., USDC Case No. 1:20-at-00187 (hereinafter referred to as the “Neff federal action”). WHEREAS, on November 5, 2019, plaintiff filed a parallel action in the Superior Court of California, County of Solano, entitled R.N., et al. v. Travis Unified School District, et al., Case No. FCS053867 (hereinafter referred to as the “Neff state action”). WHEREAS, the Neff federal action contains federal claims for violation of the Americans with Disabilities Act and violation of § 504 of the Rehabilitation Act of 1973 and names as defendants Travis Unified School District, Solano County Office of Education, Lilia Gumapas, and Christopher Mears. WHEREAS, the Neff state action contains state causes of action for False Imprisonment, Battery, Intentional Infliction of Emotional Distress, Negligence, Negligent Hiring, Supervision, or Retention, Violation of Mandatory Duty, Violation of Civil Code § 51 et seq. (Unruh Act), and Violation of Education Code § 220. The Neff state action names as defendants Travis Unified School District, Solano County Office of Education, Lilia Gumapas, and Christopher Mears. WHEREAS, the two actions involve common issues of fact and law and involve the same plaintiffs and defendants. WHEREAS, the parties agree to request that this Court grant plaintiffs leave to file a First Amended Complaint in federal court that names all plaintiffs and one lawsuit to proceed before this Court. WHEREAS, plaintiffs shall file their First Amended Complaint in federal court within three days of the court entering the order granting leave to file the First Amended Complaint. The First Amended Complaint shall combine all the parties and all state causes of action and all the federal claims asserted in the two actions. WHEREAS, as a material condition of defendants’ stipulation to plaintiffs filing a First Amended Complaint combining the two actions in federal court, plaintiffs shall dismiss the R.N. state action with prejudice within two business days of the filing of the First Amended Complaint in this court. WHEREAS, defendants’ response to the First Amended Complaint shall be due 30 days after the filing of plaintiffs’ First Amended Complaint. WHEREAS, as a material further condition of agreeing to the filing of a First Amended Complaint combining the two actions in federal court, defendants Travis Unified School District and Solano County Office of Education waive their 11th Amendment immunity from suit in federal court. However, defendants Travis Unified School District and Solano County Office of Education expressly do not waive any other defenses, including, but not limited to any quality immunity defenses to any of the state causes of action and/or federal claims asserted, by the plaintiffs herein. Such defenses include, but are not limited to, that defendants are “not persons” for the purposes of an action brought pursuant to 42 U.S.C. sections 1981, 1983, 1986, 1985, 1987. (E.g. Will v. Michigan Department of State Police 491 U.S. 58 (1989); Lapides v. Board of Regents of University System of Georgia, 535 U.S. 613, 624 (2002); Kirchmann v. Lake Elsinore Unified School Dist. 83 Cal. App. 4th 1098, 1115 (2000); Belanger v Madera Unified School District .963 F.2d 248, 251 (9th Cir. 1992); cert, denied, 507 U.S. 909 (1993).) / / / / / / / / 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: Dated: April 7, 2020 WALKUP, MELODIA, KELLY & SCHOENBERGER
By: /s/ Valerie N. Rose KHALDOUN A. BAGHDADI VALERIE N. ROSE Attorneys for PLAINTIFF R.N.
Dated: April 7, 2020 EDRINGTON, SCHRIMER & MURPHY LLP
By: /s/ Megan M. Symonds TIMOTHY P. MURPHY MEGAN M. SYMONDS Attorneys for Defendants TRAVIS UNIFIED SCHOOL DISTRCIT, EDUCATION, and CHRISTOPHER MEARS
Dated: April 7, 2020 SPINELLI, DONALD & NOTT
By: /s/ Lynn Garcia LYNN GARCIA Attorneys for Defendant LILIA GUMAPAS
Pursuant to the Stipulation of the parties and good cause appearing it is hereby ordered as follows: 1. Plaintiffs are granted leave to file a First Amended Complaint in this court. Plaintiffs shall file their First Amended Complaint within three days of the court entering this order granting leave to file the First Amended Complaint. The First Amended Complaint shall combine all the parties and all state causes of action and all the federal claims asserted in the two actions. 2. Defendants’ response to the First Amended Complaint shall be due 30 days after the filing of Plaintiffs’ First Amended Complaint. 3. Plaintiffs shall dismiss the Neff state action with prejudice within two business days of the filing of the First Amended Complaint in this court. By agreeing to the filing of the First Amended Complaint in this court, defendants have waived their 11th Amendment immunity from suit in federal court but do not waive any other defenses to any state causes of action and/or federal claims asserted by plaintiffs herein. Such defenses include, but are not limited to, that defendants are “not persons” for the purposes of an action brought pursuant to 42 U.S.C. sections 1981, 1983, 1986, 1985, 1987. (E.g. Will v. Michigan Department of State Police 491 U.S. 58 (1989); Lapides v. Board of Regents of University System of Georgia, 535 U.S. 613, 624 (2002); Kirchmann v. Lake Elsinore Unified School Dist. 83 Cal. App. 4th 1098, 1115 (2000); Belanger v Madera Unified School District .963 F.2d 248, 251 (9th Cir. 1992); cert, denied, 507 U.S. 909 (1993).) DATED: April 17, 2020.