Opinion
Case No.: C 11-03980 PJH
11-17-2011
VALLIE 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 (SBN: 116780) Attorney at Law Attorney for Plaintiff Vallie Towns LOUIS A. LEONE, ESQ. (SBN: 099874) JENNIFER LOGUE, ESQ. (SBN: 241910) STUBBS & LEONE Attorneys for Defendants OAKLAND UNIFIED SCHOOL DISTRICT (also sued erroneously as EAST OAKLAND SCHOOL OF ARTS), MATIN ABDEL-QAWI, TONY SMITH, and MATT DUFFY
DENISE EATON MAY (SBN: 116780)
Attorney at Law
Attorney for Plaintiff
Vallie Towns
LOUIS A. LEONE, ESQ. (SBN: 099874)
JENNIFER LOGUE, ESQ. (SBN: 241910)
STUBBS & LEONE
Attorneys for Defendants
OAKLAND UNIFIED SCHOOL DISTRICT
(also sued erroneously as EAST
OAKLAND SCHOOL OF ARTS),
MATIN ABDEL-QAWI, TONY SMITH,
and MATT DUFFY
STIPULATION AND [PROPOSED] ORDER TO FILE FIRST AMENDED COMPLAINT (FRCP 15(a)(2)) AND FOR
REMAND OF ACTION TO STATE COURT
WHEREAS the above-captioned matter was removed from the Superior Court of the State of California, County of Alameda to the United States District Court for the Northern District of California, Oakland Division on August 15, 2011 based on federal question jurisdiction;
WHEREAS Plaintiff Vallie Towns has filed a motion for leave to file a First Amended Complaint which omits all federal claims against all defendants;
WHEREAS Plaintiff Vallie Towns also seeks remand of this action to state court if her request for leave to file the proposed amended complaint which omits all federal claims against all defendants is granted;
WHEREAS Defendants Oakland Unified School District (also sued erroneously as East Oakland School of Arts), Matin Abdel-Qawi, Tony Smith and Matt Duffy generally do not oppose plaintiff's request to file a first amended complaint or her request for remand but did ask plaintiff to agree to dismiss her current federal claims with prejudice to ensure that the current federal claims would not be reasserted at a later time thereby requiring the defense to remove the action to federal court again based on the same claims that supported the first removal;
WHEREAS plaintiff is not comfortable dismissing her current federal claims with prejudice at this time but represents that she has no intention of reasserting her current federal claims 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. Plaintiff Vallie Towns be permitted to file the proposed First Amended Complaint attached hereto as Exhibit "A";
2. This case be remanded to the Superior Court of the State of California, County of Alameda upon the filing of plaintiff's First Amended Complaint; and that
3. 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.
DENISE EATON MAY, ATTORNEY AT LAW
DENISE EATON MAY, ESQ
Attorney for Plaintiff VALLIE TOWNS
STUBBS & LEONE
LOUIS A. LEONE, ESQ.
JENNIFER 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 IT IS ORDERED THAT:
1. Plaintiff shall file the First Amended Complaint attached hereto as Exhibit "A" no later than November 23, 2011;
2. Plaintiff's request for remand is GRANTED;
3. Plaintiff shall file simultaneously with the filing of her First Amended Complaint a Stipulation and Proposed Order of Remand that has been approved as to form by all parties; and
4. The Initial Case Management Conference currently set for December 1, 2011 and all corresponding deadlines are VACATED.
District Judge Phyllis J. Hamilton