Opinion
CASE NO. 10-02347 JCS
10-31-2011
NETTA GRUTMAN, Plaintiff, v, THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, et al., Defendants.
MICHAEL D. BRUNO (SBN 166805) JEROME SCHREIBSTEIN (SBN 154051) GORDON & REES LLP Attorneys for Defendants THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, TODD MCGREGOR and JAMES JACOBS (EXEMPT FROM FEES, GOV. CODE § 6103) DAVID A. STEVENS (SBN 054635) EHUD GERSTEN (SBN 236159) Attorneys for Plaintiff NETTA GRUTMAN
MICHAEL D. BRUNO (SBN 166805)
JEROME SCHREIBSTEIN (SBN 154051)
GORDON & REES LLP
Attorneys for Defendants THE REGENTS OF THE
UNIVERSITY OF CALIFORNIA, TODD MCGREGOR and
JAMES JACOBS (EXEMPT FROM FEES, GOV. CODE § 6103)
DAVID A. STEVENS (SBN 054635)
EHUD GERSTEN (SBN 236159)
Attorneys for Plaintiff NETTA GRUTMAN
STIPULATION AND [PROPOSED] ORDER ON DISMISSAL OF ACTION
STIPULATION
IT IS HEREBY STIPULTED BETWEEN PLAINTIFF NETTA GRUTMAN AND DEFENDANTS, THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, TODD MCGREGOR AND JAMES JACOBS, THROUGH THEIR RESPECTIVE COUNSEL, AS FOLLOWS:
1. Plaintiff's first (for violation of the Americans with Disabilities Act (ADA)) and second (for violation of the Rehabilitation Act of 1973) claims for relief shall be dismissed with prejudice.
2. This matter shall be remanded to the Superior Court, County of San Francisco for further proceedings.
3. All parties reserve their rights to seek the recovery of legal fees and costs at the conclusion of this matter, except that no party shall be entitled to nor shall any party seek to recover its costs or legal fees incurred with respect to the following: (1) defendants' removal of this action from the State Court to the federal district court, (2) plaintiff's voluntary dismissal of her federal claims, and (3) the remand of this matter to the State Court. No party waives its rights to seek and recover legal fees and costs for the proceedings in federal district court, other than as to the specific proceedings associated with the original removal and the subsequent dismissal of the federal claims and remand of the action.
IT IS SO AGREED.
GORDON & REES LLP
MICHAEL D. BRUNO
JEROME SCHREIBSTEIN
Attorneys for Defendant THE REGENTS
OF THE UNIVERSITY OF CALIFORNIA,
TODD MCGREGOR and JAMES JACOBS
GERSTEN LAW GROUP
EHUD GERSTEN
Attorneys for Plaintiff
NETTA GRUTMAN
DAVID A. STEVENS
Attorneys for Plaintiff
NETTA GRUTMAN
ORDER
BASED ON THE FOREGOING AND GOOD CAUSE OTHERWISE APPEARING, the Court Orders that:
1. Plaintiff's first (for violation of the Americans with Disabilities Act (ADA)) and second (for violation of the Rehabilitation Act of 1973) claims for relief are hereby dismissed with prejudice.
2. This matter is hereby remanded to the Superior Court, County of San Francisco for further proceedings.
3. All parties retain their rights to seek the recovery of legal fees and costs at the conclusion of this matter except that no party shall be entitled to nor shall any party seek to recover its costs or legal fees incurred with respect to the following: (1) defendants' removal of this action from the State Court to the federal district court, (2) plaintiff's voluntary dismissal of her federal claims, and (3) the remand of this matter to the State Court. No party waives its rights to seek and recover legal fees and costs for the proceedings in federal district court, other than as to the specific proceedings associated with the original removal and the subsequent dismissal of the federal claims and remand of the action.
IT IS SO ORDERED.
Honorable Joseph C. Spero
United States Magistrate Judge
GERSTEN LAW GROUP
EHUD GERSTEN
Attorneys for Plaintiff
DAVID A. STEVENS
Attorneys for Plaintiff
KETTA ORUTMAN
ORDER
BASED ON THE FOREGOING AND GOOD CAUSE OTHERWISE APPEARING, the Court Orders that:
1. Plaintiff's first (for violation of the Americans with Disabilities Act (ADA)) and second (for violation of the Rehabilitation Act of 1973) claims for relief are hereby dismissed with prejudice.
2. This matter is hereby remanded to the Superior Court, County of San Francisco for further proceedings.
3. All parties retain their rights to seek the recovery of legal fees and costs at the conclusion of this matter except that no party shall be entitled ~o nor shall any party seek to recover its costs or legal fees incurred with respect to the following: (1) defendants' removal of this action from the State Court to the federal district court, (2) plaintiff's voluntary dismissal of her federal claims, and (3) the remand of this matter to the State Court. No party waives its rights to seek and recover legal fees and costs for the proceedings in federal district court, other than as to the specific proceedings associated with the original removal and the subsequent dismissal of the federal claims and remand of the action.
IT IS SO ORDERED.
Honorable Joseph C. Spero
United States Magistrate Judge