Opinion
CASE NO. 10-02347 JCS.
November 4, 2011.
MICHAEL D. BRUNO (SBN 166805), JEROME SCHREIBSTEIN (SBN 154051), GORDON REES LLP, San Francisco, CA, Attorneys for Defendants.
DAVID A. STEVENS (SBN 054635), San Diego, CA, EHUD GERSTEN (SBN 236159), Gersten Law Group, San Diego, CA Attorneys for Plaintiff.
STIPULATION AND [PROPOSED] ORDER ON DISMISSAL OF ACTION
STIPULATION
IT IS HEREBY STIPULTED BETWEEN PLAINTIFF NETTA GRUTMAN AND 3 DEFENDANTS, THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, TODD 4 MCGREGOR AND JAxMES JACOBS, THROUGH THEIR RESPECTIVE COUNSEL, AS 5 FOLLOWS:
1. Plaintiffs first (for violation of the Americans with Disabilities Act (ADA)) and 7 second (for violation of the Rehabilitation Act of 1973) claims for relief shall be dismissed with 8 prejudice.
2. This matter shall be remanded to the Superior Court, County of San Francisco for 10 further proceedings.
3. All parties reserve their rights to seek the recovery of legal fees and costs at the 12 conclusion of this matter, except that no party shall be entitled to nor shall any party seek to 13 recover its costs or legal fees incurred with respect to the following: (1) defendants' removal of 14 this action from the State Court to the federal district court, (2) plaintiffs voluntary dismissal of 15 her federal claims, and (3) the remand of this matter to the State Court. No party waives its rights 16 to seek and recover legal fees and costs for the proceedings in federal district court, other than as 17 to the specific proceedings associated with the original removal and the subsequent dismissal of 18 the federal claims and remand of the action.
IT IS SO AGREED.
ORDER
BASED ON THE FOREGOING AND GOOD CAUSE OTHERWISE APPEARING, the Court Orders that:
1. Plaintiffs 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) plaintiffs 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.
ORDER
BASED ON THE FOREGOING AND GOOD CAUSE OTHERWISE APPEARING, the Court Orders that:
1. Plaintiffs 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, Connty 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 diis action from the State Court to the federal district court, (2) plaintiffs voluntary dismissal of her federal claims, and (3) the remand of this matter to the Staic 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 removd and the subsequent dismissal of the federal claims and remand of the action.
IT IS SO ORDERED.