Opinion
Case No.: C 11-03980 PJH
11-21-2011
VALUE TOWNS, Plaintiff, v. OAKLAND UNIFIED SCHOOL DISTRICT, EAST OAKLAND SCHOOL OF ARTS, MATIN ABDEL-QAWI, TONY SMITH, MATT DUFFY and DOES 1 to 10, Defendant.
DENISE EATON MAY, ESQ Attorney for Plaintiff VALUE TOWNS STUBBS & LEONE LOUIS A. LEONE,ESQ. JENIFER N. LOGUE, ESQ. Attorneys for Defendants OAKLAND UNIFIED SCHOOL DISTRICT (also sued erroneously as EAST OAKLAND SCHOOL OF ARTS), MATIN ABDEL-QAWI, TONY SMITH and MATT DUFFY
DEMISE EATON MAY (SON: 116780)
Attorney at Law
Attorney for Plaintiff
Vallie Towns
STIPULATION AND [PROPOSED] ORDER OF REMAND TO STATE COURT
WHEREAS Plaintiff Vallie Towns' has filed, by stipulation of the parties, a First Amended Complaint which omits all federal claims against all defendants;
WHEREAS Defendants Oakland Unified School District (also sued erroneously as East Oakland School of Arts), Matin Abdel-Qawi, Tony Smith and Matt Duffy do not oppose plaintiff's request for remand of this action to state court in light of plaintiff's representation that she has no intention of reasserting the federal claims asserted in her original complaint absent some new development or discovery which justifies and necessitates such action as she has no desire to litigate this case in federal court;
IT IS HEREBY STIPULATED and respectfully requested by all parties to this action that:
1. This case be remanded to the Superior Court of the State of California, County of Alameda; and that
2. Defendants be permitted to file their response to the First Amended Complaint in the Superior Court of the State of California, County of Alameda after remand is complete by the date set by the Superior Court judge assigned to the case.
DEMISE EATON MAY, ATTORNEY AT LAW
DENISE EATON MAY, ESQ
Attorney for Plaintiff VALUE TOWNS
STUBBS & LEONE
LOUIS A. LEONE,ESQ.
JENIFER N. LOGUE, ESQ.
Attorneys for Defendants
OAKLAND UNIFIED SCHOOL DISTRICT
(also sued erroneously as EAST OAKLAND
SCHOOL OF ARTS), MATIN ABDEL-QAWI,
TONY SMITH and MATT DUFFY
Pursuant to the parties stipulation ST IS ORDERED THAT:
1. This case is hereby REMANDED to the Superior Court of the State of California, County of Alameda; and
2. Any response to Plaintiff's First Amended Complaint by Defendants shall be filed in state court pursuant to order of the Superior Court.
________________________
District Judge Phyllis J. Hamilton