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Judicial Watch • Felarca v Berkeley Unified motion to intervene 06282

Felarca v Berkeley Unified motion to intervene 06282

Felarca v Berkeley Unified motion to intervene 06282

Page 1: Felarca v Berkeley Unified motion to intervene 06282

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Number of Pages:8

Date Created:November 30, 2017

Date Uploaded to the Library:September 12, 2018

Tags:Stipulation, STICHT, felarca, 06282, Intervene, Unified, Berkeley, defendants, Plaintiffs, motion, order, filed, document, robert, district


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Case 3:17-cv-06282-VC Document Filed 11/29/17 Page
ROBERT PATRICK STICHT (SBN 138586)
Law Offices Robert Patrick Sticht
P.O. Box 49457
Los Angeles, 90049
Telephone:
(310) 889-1950
Facsimile:
(310) 889-1864
Email:
LORPS@verizon.net
Attorney for Real Party Interest,
JUDICIAL WATCH, INC.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT CALIFORNIA
YVETTE FELARCA, LORI NIXON,
LARRY STEFL,
Plaintiffs/Petitioners,
CASE NO.: 17-cv-06282-VC
JUDICIAL WATCH UNOPPOSED
ADMINISTRATIVE MOTION FOR
LEAVE INTERVENE
BERKELEY UNIFIED SCHOOL
DISTRICT, DONALD EVANS, JANET
LEVENSON,
Defendants/Respondents.
JUDICIAL WATCH,
Hon. Vince Chhabria
Real Party Interest. THE COURT ALL PARTIES AND THEIR ATTORNEYS RECORD:
PLEASE TAKE NOTICE that, pursuant Rule the Federal Rules Civil Procedure,
Civil Local Rules 7-11 and 7-12, and this Court order filed November 2017 (Doc. 29),
JUDICIAL WATCH, and through its attorney record, Robert Patrick Sticht, will and does hereby
move for order granting leave intervene this action.
The grounds for this motion are that Judicial Watch the real party interest the requesting
party under the California Public Records Act CPRA Government Code sections 6250 seq., that
17-cv-06282-VC
JUDICIAL WATCH UNOPPOSED
MOTION FOR LEAVE INTERVENE
Case 3:17-cv-06282-VC Document Filed 11/29/17 Page
plaintiffs are seeking prevent defendants from releasing information the grounds the requested
disclosure prohibited law, that plaintiffs action will necessarily affect the rights Judicial Watch, party whose interest access public records protected the California Constitution, article
section subdivision (b)(1), well the CPRA, and protected specific provisions the CPRA
authorizing litigation compel disclosure, see e.g., Government Code sections 6258 and 6259, that
Judicial Watch plainly has stake the outcome this action and situated that disposing the
action its absence may practical matter impair impede its ability protect its interest, that its
interest not adequately represented existing parties, and that, therefore, its interests should
represented upon motion and order allowing intervene the action. the alternative, Judicial
Watch has interest that shares with the action common question law fact and intervention will
not unduly delay nor prejudice the adjudication the existing parties rights.
This motion based upon this notice and motion, the attached stipulation and proposed order,
the file and record this case, and such argument and further evidence may presented the court.
Dated: November 29, 2017
Respectfully submitted,
/s/ Robert Patrick Sticht.
ROBERT PATRICK STICHT
Attorney for Real Party Interest,
JUDICIAL WATCH
17-cv-06282-VC
JUDICIAL WATCH UNOPPOSED
MOTION FOR LEAVE INTERVENE
Case 3:17-cv-06282-VC Document Filed 11/29/17 Page
CERTIFICATE SERVICE hereby certify that November 29, 2017, electronically filed the foregoing JUDICIAL
WATCH ADMINISTRATIVE MOTION FOR LEAVE INTERVENE with the Clerk the Court
for the United States District Court for the Northern District California using the district CM/ECF
system. Participants the case who are registered CM/ECF users will served the district
CM/ECF system.
/s/ Robert Patrick Sticht.
ROBERT PATRICK STICHT
17-cv-06282-VC
JUDICIAL WATCH UNOPPOSED
MOTION FOR LEAVE INTERVENE
Case 3:17-cv-06282-VC Document 35-1 Filed 11/29/17 Page
ROBERT PATRICK STICHT (SBN 138586)
Law Offices Robert Patrick Sticht
P.O. Box 49457
Los Angeles, 90049
Telephone:
(310) 889-1950
Facsimile:
(310) 889-1864
Email:
LORPS@verizon.net
Attorney for Real Party Interest,
JUDICIAL WATCH, INC.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT CALIFORNIA
YVETTE FELARCA, LORI NIXON,
LARRY STEFL,
Plaintiffs/Petitioners,
CASE NO.: 17-cv-06282-VC
STIPULATION PERMITTING
JUDICIAL WATCH INTERVENE;
AND [PROPOSED] ORDER
BERKELEY UNIFIED SCHOOL
DISTRICT, DONALD EVANS, JANET
LEVENSON,
Defendants/Respondents.
JUDICIAL WATCH,
Hon. Vince Chhabria
Real Party Interest.
17-cv-06282-VC
STIPULATION PERMITTING JUDICIAL WATCH INTERVENE; AND [PROPOSED] ORDER
Case 3:17-cv-06282-VC Document 35-1 Filed 11/29/17 Page
RECITALS October 30, 2017, Yvette Felarca, Lori Nixon, and Larry Stefl Plaintiffs filed
Verified Complaint and Petition for Writ Mandamus putative class action against the Berkeley
Unified School District, Donald Evans, and Janet Levenson Defendants naming Judicial Watch
real party interest. Plaintiffs also filed Motion for Temporary Restraining Order and/or Preliminary
Injunction. October 31, 2017, the Court issued tentative Order Re: Application for Temporary
Restraining Order, and November 2017, the Court issued Scheduling Order Re: Application for
Temporary Restraining Order. November 2017, Defendants filed Opposition Plaintiffs
Motion for Temporary Restraining Order and/or Preliminary Injunction. Defendants also filed Notice Judicial Watch Pursuant Federal Rule Civil Procedure 24. November 2017, Judicial
Watch filed Notice Intent Intervene. November 2017, the Court issued Order Re:
Temporary Restraining Order and Intervention, and Order Show Cause Why Preliminary Injunction
Should Not Issue TRO November 20, 2017, Plaintiffs filed Verified First Amended Complaint and Petition
for Writ Mandamus putative class action against Defendants, naming Judicial Watch real
party interest. November 2017, Defendants filed Notice Judicial Watch Pursuant Federal
Rule Civil Procedure 24. the same date, Judicial Watch filed Notice Intent Intervene. its TRO, the Court stated Judicial Watch will likely permitted intervene moves.
Furthermore, the motion not opposed, Judicial Watch may file administrative motion under
Local Rules 7-11 and 7-12.
Plaintiffs, Defendants, and counsel have all stipulated the intervention Judicial Watch.
Judicial Watch requested the stipulation Plaintiffs and Defendants and their counsel.
STIPULATION
Plaintiffs, Defendants, and their counsel, and Judicial Watch, and through their attorneys
record, hereby stipulate and request that the Court make this stipulation order the Court:
Judicial Watch shall permitted intervene this action the real party interest
17-cv-06282-VC
STIPULATION PERMITTING JUDICIAL WATCH INTERVENE; AND [PROPOSED] ORDER
Case 3:17-cv-06282-VC Document 35-1 Filed 11/29/17 Page
pursuant Federal Rule Civil Procedure 24.
Dated: November 29, 2017
Respectfully submitted,
LAW OFFICES ROBERT PATRICK STICHT
By:
/s/ Robert Patrick Sticht.
ROBERT PATRICK STICHT
Attorney for Real Party Interest,
JUDICIAL WATCH
Ronald Cruz
Shanta Driver*
UNITED FOR EQUALITY AND AFFIRMATIVE
ACTION LEGAL DEFENSE FUND (UEAALDF)
1985 Linden Street
Oakland, 94607
Phone: (510) 875-4463 Fax: (313) 586-0089
Email: ronald.cruz@ueaa.net
*Pro Hac Vice
By:
/s/ Ronald Cruz
RONALD CRUZ
Attorneys for Plaintiffs/Petitioners,
Yvette Felarca, Lori Nixon, Larry Stefl
Jerome Schreibstein
Mark Posard
GORDON REES SCULLY MANSUKHANI LLP.
275 Battery Street
Suite 2000
San Francisco, 94111
Phone: (415) 986-5900 Fax: (415) 986-8054
Email: Jschreibstein@grsm.com
By:
/s/ Jerome Schreibstein
JEROME SCHREIBSTEIN
Attorneys for Defendants/Respondents,
Berkeley Unified School District,
Donald Evans, Janet Levenson
17-cv-06282-VC
STIPULATION PERMITTING JUDICIAL WATCH INTERVENE; AND [PROPOSED] ORDER
Case 3:17-cv-06282-VC Document 35-1 Filed 11/29/17 Page
[PROPOSED] ORDER
Having considered the above stipulation permit Judicial Watch intervene pursuant
Federal Rule Civil Procedure 24, Judicial Watch allowed intervene this action the real party interest. ORDERED.
Dated: _________________, 2017
____________________________________
Honorable Vince Chhabria
United States District Judge
17-cv-06282-VC
STIPULATION PERMITTING JUDICIAL WATCH INTERVENE; AND [PROPOSED] ORDER
Case 3:17-cv-06282-VC Document 35-1 Filed 11/29/17 Page
CERTIFICATE SERVICE hereby certify that November 29, 2017, electronically filed the foregoing STIPULATION
PERMITTING JUDICIAL WATCH INTERVENE; AND [PROPOSED] ORDER with the Clerk
the Court for the United States District Court for the Northern District California using the district
CM/ECF system. Participants the case who are registered CM/ECF users will served the
district CM/ECF system.
/s/ Robert Patrick Sticht.
ROBERT PATRICK STICHT
17-cv-06282-VC
STIPULATION PERMITTING JUDICIAL WATCH INTERVENE; AND [PROPOSED] ORDER