Free Proposed Order - District Court of California - California

Case 3:07-cv-02400-SI Document 16 Filed O9/13/2007 Page 1 of 2
1 SUE ANN SALMON EVANS, State Bar N0. 151562
AMY R. LEVINE, State Bar No. 160743
2 MATTHEW JUHL-DARLINGTON, State Bar No. 215375
MILLER BROWN & DANNIS
3 71 Stevenson Street, 19th Floor
San Francisco, CA 94105
4 Telephone: (415) 543-4111
Facsimile: (415) 543-4384 ‘
. 5
Attorneys for Defendants
6 MOUNT DIABLO UNIFIED SCHOOL DISTRICT, MILDRED
BROWN, and KEN FERRO
7 ` 1
8 UNITED STATES DISTRICT COURT
S 9 NORTHERN DISTRICT OF CALIFORNIA 1
O
M EE 10
5 ·- 5 2]; 11 MICHAEL PETERSEN on behalf of Case No. C07-02400 SI
°; QQ himself and parent and next of friend to F
§E Q 12 Mike Jr. and Ryan disabled minor children [PROPOSED] ORDERGRANTING [
5 g Q 13 PRO SE, ‘ DISTRICT DEFENDANTS’ MOTION FOR
Qt MORE DEFINITE STATEMENT AND/OR TO
§ Q 5 14 Plaintiffs, STRIKE THE COMPLAINT PURSUANT TO
Q °’° FEDERAL RULE OF CIVIL PROCEDURE
" 15 v. 12(e)
‘ 16 CALIFORNIA SPECIAL EDUCATION -
17 HEARING OFFICE, MCGEORGE Hearing Date: November 9, 2007
SCHOOL OF LAW et al. G Hearing Time: 9:00 a.m. `
18 OFFICER, VINCENT PASTORINO Courtroom: 10, 19th Flr.
_ MOUNT DIABLO UNIFIED SCHOOL Judge: Hon. Susan Illston
19 DISTRICT et al MILDRED BROWN, ‘
individually and in her official capacity as Trial: None
20 assistant superintendent of special
21 education KEN FERRO, individually and
in his official capacity as Alternative _
Q2 Dispute Resolution Administrator,
23 I Defendants.
24 ,
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Defendants MOUNT DIABLO UNIFIED SCHOOL DISTRICT, MILDRED BROWN,
26
and KEN F ERRO’s motion for a more definite statement and/or to strike the plaintiffs’ complaint
27 I
without leave to amend came on for hearing before the Hon. Susan Illston on November 9, 2007,
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[PROPOSED] ORDER GRANTING DISTRICT DEFENDANTS’ MOTION FOR MORE DEFINIT
STATEMENT AND/OR TO STRIKE THE COMPLAINT PURSUANT TO FEDERAL RULE OF CIVI _
SF 279809v1 PROCEDURE 12(e); CASE NO. C07-02400 i

Case 3:O7—cv-02400-SI Document 16 Filed O9/13/2007 Page 2 of 2 ,
1 at 9:00 a.m. in Courtroom 10 of the above-entitled Court. Having read the papers filed by the
2 parties herein, having heard oral arguments, and having considered all relevant factors pertinent
3 to such motion, the Court orders as follows:
4 MOUNT DIABLO UNIFIED SCHOOL DISTRICT, MILDRED BROWN, and KEN
5 FERRO’s motion for a more definite statement and/or to strike the plaintiffS’ complaint is
6 GRANTED. Plaintiffs’ complaint shall be stricken in its entirety and this action shall be i A
h 7 dismissed with prejudice. Defendants shall recover their costs.
8 .
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§ DATED:
Q U-?. 10 Honorable Susan Illston
§ E e United States District Court Judge
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[PROPOSED] ORDER oRANTrNo DISTRICT DEFENDANTS’ MOTION FOR MORE DEETN1TE
STATEMENT AND/oR TO STRIKE THE COMPLAINT PURSUANT TO FEDERAL RULE OF CIVIL ,
SF 279809V; PROCEDURE 12(e); CASE NO. CO7—02400

Case 3:07-cv-02400-SI

Document 16

Filed 09/13/2007

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Case 3:07-cv-02400-SI

Document 16

Filed 09/13/2007

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