America Unites for Kids et al v. Sandra Lyon et al

Filing 307

JUDGMENT AND PERMANENT INJUNCTION by Judge Percy Anderson, in favor of plaintiff America Unites for Kids against Craig Foster, Jan Maez, Jose Escarce, Laurie Lieberman, Maria Leon-Vazquez, Oscar De La Torre, Ralph Mechur, Richard Tahvildaran-Jesswein, Sandra Lyon Related to: Findings of Fact & Conclusions of Law 306 . (MD JS-6, Case Terminated). (mrgo)

1

JS-6

2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

CENTRAL DISTRICT OF CALIFORNIA

10
11

AMERICA UNITES FOR KIDS, et al.,

12
13
14

Plaintiffs,

CV 15-2124 PA (AJWx)
JUDGMENT AND PERMANENT
INJUNCTION

v.
SANDRA LYON, et al.,

15

Defendants.

16
17
18
19

Pursuant to this Court’s Findings of Fact and Conclusions of Law, it is hereby
ORDERED, ADJUDGED, AND DECREED:

20

1.

21

lack of standing.

22

2.

Plaintiff Public Employees for Environmental Responsibility is dismissed for

Defendants Sandra Lyon in her official capacity as Superintendent of the Santa

23

Monica-Malibu Unified School District, Janece Maez, in her official capacity as Associate

24

Superintendent and Chief Financial Officer of the Santa Monica-Malibu Unified School

25

District, and Laurie Lieberman, Dr. Jose Escarce, Craig Foster, Maria Leon-Vazques,

26

Richard Tahvildaran-Jesswein, Oscar De La Torre, and Ralph Mechur, in their official

27

capacities as members of the Santa Monica-Malibu Unified School District Board of

28

Education (collectively “Defendants”) are hereby permanently enjoined from using any

1

office, classroom, or other structure at Juan Cabrillo Elementary School (“JCES”) and

2

Malibu Middle and High School (“MHS”) (collectively the “Malibu Campus”) constructed

3

prior to 1979 in which students, teachers, administrators, or staff are regularly present after

4

December 31, 2019, unless all window and door systems and surrounding caulk at any such

5

location has been replaced.

6

3.

Plaintiffs, their officers, directors, members, supporters, employees, and

7

anyone acting in concert with them, are permanently enjoined from sampling or testing

8

caulk, other building materials, or any other item or location at the Malibu Campus, except

9

with the express authorization of a court of competent jurisdiction.

10

4.

Consistent with the December 21, 2015 Minute Order granting in part the

11

Motion for Sanctions filed by Defendants (Dkt. No. 76), each party shall bear its own costs

12

and attorneys’ fees.

13
14
15
16

The Clerk is ordered to enter this Judgment and Permanent Injunction.
DATED: September 1, 2016
___________________________________
Percy Anderson
UNITED STATES DISTRICT JUDGE

17
18
19
20
21
22
23
24
25
26
27
28
-2-