A.R. EX REL. CADY v. SAN MARINO UNIFIED SCHOOL DISTRICT

Case No. 2:17-cv-05185-FMO-AFM.

A. R., a Minor, by and through her guardian ad litem, Kimberly Cady; Plaintiff, v. SAN MARINO UNIFIED SCHOOL DISTRICT, a governmental entity; and, DOES 1 through 50, inclusive, Defendants.

United States District Court, C.D. California, Western Division.

Editors Note
Applicable Law: 28 U.S.C. § 1441
Cause: 28 U.S.C. § 1441 Notice of Removal
Nature of Suit: 448 Civil Rights: Education
Source: PACER


Attorney(s) appearing for the Case

A. R., Plaintiff, represented by Felix Avila , Escovar and Avila LLP.

A. R., Plaintiff, represented by R. Brian Kramer , Law Office of R Brian Kramer.

San Marino Unified School District, Defendant, represented by Dana J. McCune , McCune and Harber LLP & Jennifer Hu , McCune and Harber LLP.


ORDER RE STIPULATION [14] REMANDING CASE TO STATE COURT

Superior Court Case No: BC663636

FERNANDO M. OLGUIN, District Judge.

TO ALL PARTIES AND TO THEIR ATTORNEYS:

The Court having read and considered the STIPULATION RE DISMISSAL OF PLAINTIFF'S THIRD CAUSE OF ACTION FOR VIOLATION OF SECTION 504 OF THE REHABILITATION ACT OF 1973 AND REQUEST CASE BE REMANDED TO STATE COURT and good cause existing, the Court hereby orders the following:

ORDER Case 2:17-cv-05185-FMO-AFM Document 15 Filed 08/09/17 Page 2 of 2 Page ID #:150

1. Pursuant to the Stipulation and agreement between the parties, plaintiff, A.R., a minor, by and through her guardian ad litem, Kimberly Cady, shall dismiss and withdraw Plaintiff's Third Cause of Action for Violation of Section 504 of the Rehabilitation Act of 1973.

2. This case with its two (2) remaining state law causes of action shall be and is hereby remanded to State Court (Superior Court of the State of California for the County of Los Angeles, Case No. BC663636) for resolution, i.e., Plaintiff's First Cause of Action for Dangerous Condition of Public Property and the Second Cause of Action for Negligence shall be resolved in State Court.

3. After this case is remanded to State Court, Plaintiff, A.R., a minor, by and through her guardian ad litem, Kimberly Cady, and based on the Stipulation of the parties shall not thereafter reassert or allege a Cause of Action for Violation of Section 504 of the Rehabilitation Act of 1973.


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