Free Notice of Voluntary Dismissal - District Court of California - California

Case 5:08-cv-00242-PVT

Document 11

Filed 01/29/2008

Page 1 of 3

1 Timothy Chandler, CA Bar No. 234325 2 101 Parkshore Drive, Suite 100
Folsom, CA 95630 ALLIANCE DEFENSE FUND

3 Tele: (916) 932-2850; Fax: (916) 932-2951 4
[email protected] David A. Cortman, GA Bar No.188810* ALLIANCE DEFENSE FUND Building D, Suite 600

5 Joshua B. Bolinger, OH Bar No. 0079594* 6 1000 Hurricane Shoals Road, NE 7 Lawrenceville, GA 30043 8 [email protected] 9
[email protected] Benjamin W. Bull, AZ Bar No. 009940 ALLIANCE DEFENSE FUND Scottsdale, AZ 85260 [email protected] Tele: (770) 339-0774; Fax: (770) 339-6744

10 Jeremy D. Tedesco, AZ Bar No. 0234847* 11 15100 N. 90th Street 12 Tele: (480) 388-8051; Fax: (480) 444-0028 13 [email protected] 14 *Admitted pro hac vice 15 Attorneys for Plaintiff 16 17 18 19 N.A. 20 21 22 23 24 25 26 27 28
UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION P.A., a minor by and through her next friend, ) ) ) Plaintiff, ) ) v. ) ) DIANE GORDON, MATTHEW DEAN, ) MARGIE MITCHELL, PAM PARKER, and ) ROYCE PETERSON, all individually and in ) their official capacities as Members of the ) Campbell Union High School District Board ) of Trustees; RHONDA FARBER, in her ) individual capacity and in her official capacity ) as Superintendent of the Campbell Union High ) School District; and OWEN HEGE, in his ) individual capacity and in his official capacity ) as Principal of Westmont High School, ) ) Defendants. ) CASE NO. 05:08-cv-00242-PVT Magistrate Judge Patricia V. Trumbull PLAINTIFF'S NOTICE OF VOLUNTARY DISMISSAL

PLF'S NOTICE OF VOLUNTARY DISMISSAL / Case No. 05:08-cv-00242-PVT

Case 5:08-cv-00242-PVT

Document 11

Filed 01/29/2008

Page 2 of 3

1 3 5 7

Comes now the Plaintiff, P.A., by and through counsel and, pursuant to Federal Rule of Civil

2 Procedure 41(a)(1)(A)(i), files this voluntary dismissal, stating as follows:
1. On January 14, 2008, Plaintiff filed a Complaint in this case challenging Defendants'

4 denial of equal access to her student Live Action Club at Westmont High School ("WHS").
2. In her Complaint, Plaintiff alleged that the Defendants denied to her rights, benefits,

6 and privileges equal to those received by other members of officially recognized clubs at WHS.
3. Along with her Complaint, Plaintiff filed a Notice of, and Motion for, Preliminary

8 Injunction, requesting an order prohibiting the Defendants from discriminating against her and other 9 Live Action Club members based on the religious and political content and viewpoint of their 10 intended speech. 11
4. Plaintiff also asked that this Court order Defendants to provide her with equal access

12 to all of the rights, benefits, and privileges given to other members of officially recognized clubs at 13 MUHS. 14
5. The very next day, on January 15, 2008, the Defendants informed Plaintiff that they

15 would now provide Plaintiff and her fellow Club members with access to all of the rights, benefits, 16 and privileges given to other student members of officially recognized clubs at WHS. 17 19 21 22 23 24 25 26 27 28
PLF'S NOTICE OF VOLUNTARY DISMISSAL / Case No. 05:08-cv-00242-PVT 6. Plaintiff has been provided such rights, benefits, and privileges and is now meeting

18 as part of the Live Action­Pro-Life Club.
Based on the above actions of the Defendants, Plaintiff hereby voluntarily dismisses this

20 action without prejudice.

2

Case 5:08-cv-00242-PVT

Document 11

Filed 01/29/2008

Page 3 of 3

1 Dated this 29th day of January, 2008. 2 3 4 David A. Cortman, GA Bar No.188810* 5 Joshua B. Bolinger, OH Bar No. 0079594* 6 1000 Hurricane Shoals Road, NE 7 Lawrenceville, GA 30043 8 [email protected] 9
[email protected] Benjamin W. Bull, AZ Bar No. 009940 ALLIANCE DEFENSE FUND Scottsdale, AZ 85260 [email protected] Tele: (770) 339-0774; Fax: (770) 339-6744 Building D, Suite 600 ALLIANCE DEFENSE FUND Lead Counsel Respectfully submitted, /s Timothy Chandler Timothy Chandler, CA Bar No. 234325 Local Counsel ALLIANCE DEFENSE FUND 101 Parkshore Drive, Suite 100 Folsom, CA 95630 Tele: (916) 932-2850; Fax: (916) 932-2951 [email protected]

10 Jeremy D. Tedesco, AZ Bar No. 0234847* 11 15100 N. 90th Street 12 Tele: (480) 388-8051; Fax: (480) 444-0028 13 [email protected] 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
PLF'S NOTICE OF VOLUNTARY DISMISSAL / Case No. 05:08-cv-00242-PVT *Admitted pro hac vice Attorneys for Plaintiff

3