Free Proposed Order - District Court of California - California

Case 3:07-cv-02400-SI Document 49 Filed 12/17/2007 Page 1 of 2 p ;
1 SUE ANN SALMON EVANS, State Bar No. 151562 H
AMY R. LEVINE, State Bar No. 160743 A _
2 MATTHEW JUHL-DARLINGTON, State Bar N0. 215375 ‘
MILLER BROWN & DANNIS
3 71 Stevenson Street, 19th Floor
San Francisco, CA 94105 _ ··
4 Telephone: (415) 543-41 ll ‘
Facsimile: (415) 543-4384 · 7
K
Attorneys for Defendants I
6 MOUNT DIABLO UNIFIED SCHOOL DISTRICT,
MILDRED BROWN, and KEN FERRO
7
8 UNITED STATES DISTRICT COURT ·
ig 9 NORTHERN DISTRICT OF CALIFORNIA .
Q E § 10 I
5 F Ei 2 Oi 11 MICHAEL PETERSEN on behalf of Case No. C07-02400 SI
-<
°; QQ himself and parent and next of friend to
§E Q 12 Mike Jr. and Ryan disabled minor children [PROPOSED] ORDER GRANTING
EE g Q 13 PRO SE, DISTRICT DEFENDANTS’ SECOND
g MOTION TO STRIKE THE COMPLAINT
§ Q 5 14 Plaintiffs, . AND/OR FOR A MORE DEFINITE
gm STATEMENT »
" 15 v. (Fed. R. Civ. P. 12(b)(6), 12(e))
16 CALIFORNIA SPECLAL EDUCATION Hearing Date: February 8, 2008 .
17 HEARING OFFICE, MCGEORGE Hearing Time: 9:00 a.m.
- SCHOOL OF LAW et al. HEARING Courtroom: 10, 19th Flr. .
18 OFFICER, VINCENT PASTORINO Judge: Hon. Susan Illston
MOUNT DLABLO UNIFIED SCHOOL p_
19 DISTRICT et al MILDRED BROWN,
individually and in her official capacity as
20 assistant superintendent of special
21 education KEN F ERRO, individually and _
in his official capacity as Alternative .
22 Dispute Resolution Administrator,
23 Defendants. I
24
25 . O
26 The "Second Motion to Strike the Complaint and/or for a More Definite Statement,"
27 filed by Defendants MOUNT DIABLO UNIFIED SCHOOL DISTRICT, MILDRED BROWN,
28 and KEN F ERRO ("District Defendants"), was heard before the Honorable Susan Illston on
1
PROPOSED ORDER RE: DISTRICT DEF ENDANTS’ SECOND MOTION CASE NO. C07-02400 ~
z9t8z7_1 TO STRIKE AND/OR FOR A MORE DEFINITE STATEMENT

C Case 3:07-cv-02400-SI Document 49 Filed 12/17/2007 Page 2 of 2 ;
1 February 8, 2008, at 9:00 a.m. in Courtroom 10 of the above-entitled Court. `
2 p Having read the papers filed by the parties herein, having heard oral arguments, and l
3 having considered all relevant factors pertinent to such motion, the Court orders as follows: A
4 _ District Defendants’ motion is GRANTED. "P1aintiffs’ Response to Order of ll/6/07 i
5 Requiring More Definite Statement Pursuant to Defendant’s F .R.C.P. l2(e) Motion" shall be
A 6 stricken in its entirety and this action shall be dismissed with prejudice. District Defendants
7 shall recover their costs.
e 9.
méa 10 ~ E
ggg DATED: y +______ By;
m "'_< 11 Honorable Susan Illston .
¤; EQ ‘ United States District Court Judge
§ g g 12 ° r
§ 13 i V
14
1: 1 5 .
16
17 .
-18 A 2
19 C l . `C
20 A
, 21
22 l
23 E
24 l
25 g
26 l
27
28
PROPOSED ORDER RE: DISTRICT DEFENDANTS’iECOND MOTION CASE NO. C07-02400
291827_1 TO STRIKE AND/OR FOR A MORE DEFINITE STATEMENT -

Case 3:07-cv-02400-SI

Document 49

Filed 12/17/2007

Page 1 of 2

Case 3:07-cv-02400-SI

Document 49

Filed 12/17/2007

Page 2 of 2