Opinion
4:20-cv-02798-HSG
01-26-2024
ELIZABETH SINCLAIR, CHARLOTTE KLARKE, FELLOWSHIP OF CHRISTIAN ATHLETES, an Oklahoma corporation, and FELLOWSHIP OF CHRISTIAN ATHLETES OF PIONEER HIGH SCHOOL, an unincorporated association, Plaintiffs, v. SAN JOSE UNIFIED SCHOOL DISTRICT BOARD OF EDUCATION, in its official capacity, NANCY ALBARRAN, in her official and personal capacity, HERBERT ESPIRITU, in his official and personal capacity, PETER GLASSER, in his official and personal capacity, and STEPHEN MCMAHON, in his official and personal capacity, Defendants.
STIPULATION STAYING PROCEEDINGS; ORDER
Plaintiffs ELIZABETH SINCLAIR, CHARLOTTE KLARKE, FELLOWSHIP OF CHRISTIAN ATHLETES, FELLOWSHIP OF CHRISTIAN ATHLETES OF PIONEER HIGH SCHOOL, Defendants SAN JOSE UNIFIED SCHOOL DISTRICT BOARD OF EDUCATION, NANCY ALBARRAN, HERBERT ESPIRITU, PETER GLASSER, STEPHEN MCMAHON submit the following stipulation, and ask that the Court enter this stipulation as an order of the Court.
RECITALS
1. On September 13, 2023, the United States Court of Appeals for the Ninth Circuit issued its judgment in the appeal of this Court's order denying a preliminary injunction.
2. On October 5, 2023, the mandate of the United States Court of Appeals for the Ninth Circuit pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure issued in this action. ECF 224.
3. On October 24, 2023, this Court entered an order, pursuant to stipulation, that the case be stayed until December 31, 2023 or until one of the parties notified the Court that it no longer believes settlement discussions will be fruitful.
4. On December 14, 2023, this Court entered an order, pursuant to stipulation, that the case be stayed until January 31, 2024 or until one of the parties notified the Court that it no longer believes settlement discussions will be fruitful.
5. The parties continue to discuss settlement and have agreed that it would therefore be appropriate to stay this action until February 29, 2024, or so long as the parties continue to agree that discussing the possibility of settlement is appropriate.
STIPULATION
Based on the above, IT IS HEREBY STIPULATED, by and between the parties to this action that this action should be stayed until February 29, 2024, or until plaintiffs or defendants notify this Court that they no longer believe settlement discussions will be fruitful.
ORDER
Having considered the Stipulation filed by the parties, and good cause appearing therefore, the Court hereby orders that the case shall be stayed until February 29, 2024, or until one of the parties notifies the Court that the stay should be lifted.
IT IS SO ORDERED.