Callahan vs. Gustine Unified School District et al.,

Filing 151

ORDER GRANTING Motion Determining Good Faith Settlement and DISMISSING Implied Indemnity Cross-Claims signed by Judge Oliver W. Wanger on 12/30/2009. (Bradley, A)

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A U C H A R D & STEW A R T A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 2377 W. SHAW, SUITE 106 FRESNO, CALIFORNIA 93711-3438 TELEPHONE [phone] FAX [phone]

Paul Auchard Attorneys for Defendants, GOLDEN VALLEY UNIFIED SCHOOL DISTRICT, TIMOTHY HAYES, KULJEET MANN AND CHRIS IMPERATRICE IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA JOHN ROE, minor, by and through his Guardian Ad ) Litem, SHEILA IRENE CALLAHAN, ) CASE NUMBER: 1:07-CV-00796-OWW-DLB ORDER GRANTING MOTION DETERMINING GOOD FAITH S E T T L E M E N T AND DISMISSING IMPLIED INDEMNITY CROSS-CLAIMS DATE: DECEMBER 30, 2009 TIME: 1:00 P.M. COURTROOM: 3

) ) ) vs. ) ) GUSTINE UNIFIED SCHOOL DISTRICT; ) G O L D E N VALLEY UNIFIED SCHOOL ) DISTRICT; KYLE MATTHEW FISCHER, aka ) KYLE SIMMONS, a minor; MICHAEL FISCHER, ) aka MICHAEL SIMMONS, a minor; KELLY ) SIMMONS; JASON SIMMONS; MATTHEW ) McKIMMIE a minor; MYRNA TYNDAL; ) TOMMY SAN FELIPO, a minor; FRANK ) HUDSON; BETTY HUDSON; CARL SCUDDER; ) JASON SPAULDING; ANTHONY SOUZA; ) ADAM CANO; TIMOTHY HAYES; KULJEEP ) MANN; CHRIS IMPERATRICE, AND DOES 1- ) 200, ) ) Defendants. ) ) ) AND RELATED CROSS-ACTIONS. )
Plaintiff,

The above matter came on for hearing on December 30, 2010, in the above court, on the motion of defendants and cross-defendants GOLDEN VALLEY UNIFIED SCHOOL DISTRICT,
TIMOTHY HAYES, KULJEET MANN AND CHRIS IMPERATRICE for an order determining that their

settlement with plaintiff is a good faith settlement pursuant to Code of Civil Procedure §877.6 and for an order dismissing all cross-claims for implied indemnity.
Order Granting Motion Determining Good Faith Settlement and Dismissing Implied Indemnity Cross-Claims Case No. 1:07-CV-00796-OWW- DLB

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Upon consideration of all pleadings filed, the declaration of Paul Auchard in support of the motion, and good cause appearing: IT IS ORDERED that the motion is granted, that the settlement is determined to be a good faith settlement pursuant to Code of Civil Procedure section 877.6, and that the cross-claims filed by cross-complainants 1) Gustine Unified School District, Jason Spalding, Anthony Souza and Adam Cano; 2) Carl Scudder; and 3) Kyle Simmons, Michael Simmons, Jason Simmons and Kelly Simmons, for implied indemnity shall be, and hereby are, dismissed.

DATED: December 30, 2009. /s/ OLIVER W. WANGER United States Senior District Court Judge

Order Granting Motion Determining Good Faith Settlement and Dismissing Implied Indemnity Cross-Claims Case No. 1:07-CV-00796-OWW- DLB

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