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

Filing 337

AMENDED JUDGMENT AND PERMANENT INJUNCTION by Judge Percy Anderson by Judge Percy Anderson. Pursuant to this Court's Findings of Fact and Conclusions of Law, it is hereby ORDERED, ADJUDGED, AND DECREED: 1. Plaintiff Public Employees for Envir onmental Responsibility is dismissed for lack of standing. 2. Defendants Ben Drati, in his official capacity as Superintendent of the Santa Monica-Malibu Unified School District (the "District"), Melody Canady, the District's Assist ant Superintendent, and Jon Kean, Laurie Lieberman, Craig Foster, Maria Leon-Vazquez, Richard Tahvildaran-Jesswein, Oscar De La Torre, and Ralph Mechur, in their official capacities as members of the Santa Monica-Malibu Unified School District Board of Education (collectively "Defendants") are: (see documents for details). (mrgo)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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AMERICA UNITES FOR KIDS, et al.,

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Plaintiffs,

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

v.
SANDRA LYON, et al.,

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Defendants.

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

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1.

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lack of standing.

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2.

Plaintiff Public Employees for Environmental Responsibility is dismissed for

Defendants Ben Drati, in his official capacity as Superintendent of the Santa

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Monica-Malibu Unified School District (the “District”), Melody Canady, the District’s

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Assistant Superintendent, and Jon Kean, Laurie Lieberman, Craig Foster, Maria

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Leon-Vazquez, Richard Tahvildaran-Jesswein, Oscar De La Torre, and Ralph Mechur, in

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

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Board of Education (collectively “Defendants”) are:

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(A)

Hereby permanently enjoined from using any office, classroom, or other

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structure at Juan Cabrillo Elementary School (“JCES”) and Malibu

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

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constructed prior to 1979 in which students, teachers, administrators, or

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staff are regularly present after December 31, 2019, unless:

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(1)

Caulk is applied over caulking around windows, doors, and

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vents with known or assumed levels of PCBs over 50 ppm where

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visible; and

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(2)

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All shellac plywood walls with PCBs above 50 ppm are painted;
and

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(3)

Flooring in all rooms with known or assumed tiling/mastic with

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PCBs are inspected and broken or missing tiles will be patched,

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encapsulated, or replaced; and

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(4)

Defendants adhere to the air and wipe testing plan outlined in the

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July 27, 2018 letter from Dr. Drati to Jennifer DiNicola (Docket

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No. 330, Drati Decl., Ex. 4); and

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(B)

Required, as long as any office, classroom, or other structure at the

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Malibu Campus constructed prior to 1979 is used to:

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(1)

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Continue to employ best management practices as required by
the Environmental Protection Agency; and

(2)

Retain a third party environmental professional selected jointly

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by the District and plaintiff America Unites, to review

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compliance and results to insure interim safeguards are being

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maintained; and

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(3)

alternative space; and

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Continue to offer faculty and staff located in Building J with

(4)

Transfer classes and occupancy of facilities at the Malibu
Campus as the District opens or makes available modernized
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facilities so that the use of spaces that have not had window and

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door systems replaced is minimized as outlined in the November

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28, 2018, letter from Dr. Drati to Jennifer DiNicola and

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Paragraph 7 of Carey Upton’s Reply Declaration (Docket No.

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330, Drati Decl., Ex. 5 & Upton Decl. ¶ 7); and

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(C)

Hereby permanently enjoined, after December 31, 2024, from using any

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office, classroom, or other structure at the Malibu Campus constructed

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prior to 1979 unless all building materials or substances with PCBs

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over 50 ppm within any such office, classroom, or other structure have

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been removed.
3.

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

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

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

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with the express authorization of a court of competent jurisdiction.

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4.

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

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

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and attorneys’ fees.

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The Clerk is ordered to enter this Judgment and Permanent Injunction.
DATED: December 20, 2018
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Percy Anderson
UNITED STATES DISTRICT JUDGE

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