D.C. et al v. Oakdale Joint Unified School District et al
Filing
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ORDER Directing Defendants to File a Response to Plaintiffs' Supplemental Request or to Withdraw Prior Opposition, signed by Magistrate Judge Stanley A Boone on 1/8/2013. (It is HEREBY ORDERED that: 1. Defendants shall file a response to Plaintiffs Supplemental Request or file a notice of intent to withdraw their Opposition; and 2. Defendants shall file their response or notice of intent to withdraw by 1/18/2013.)(Gaumnitz, R)
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IN THE UNITED STATES DISTRICT COURT FOR THE
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EASTERN DISTRICT OF CALIFORNIA
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D.C., et al.,
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1:11-cv-01112-AWI-SAB
Plaintiffs,
vs.
ORDER DIRECTING DEFENDANTS TO
FILE A RESPONSE TO PLAINTIFFS’
SUPPLEMENTAL REQUEST OR TO
WITHDRAW PRIOR OPPOSITION
OAKDALE JOINT UNIFIED SCHOOL
DISTRICT, et al.,
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Defendants.
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________________________________/
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On November 15, 2011, Plaintiffs filed a Request for Approval of Proposed Settlement
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and Release of All Claims on Behalf of a Minor (the “Request for Approval”). (ECF No. 61.)
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The matter was referred to the undersigned Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)
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and Local Rule 303 for findings and recommendations to the Court. (ECF No. 63.)
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Defendants filed an Opposition to Petition for Minor’s Compromise on November 16,
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2012 (“the Opposition”). (ECF No. 62.) Defendants informed the Court that they agree to the
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settlement, yet felt obligated file the Opposition because Plaintiffs’ Request for Approval was
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procedurally deficient. Specifically, Defendants noted that (1) Plaintiffs failed to indicate
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whether they informed the Director of Healthcare Services of California about the settlement, as
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required by California’s Welfare and Institution Code, (2) Plaintiffs failed to indicate whether
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any potential Medi-Cal liens have been or will be satisfied using settlement funds, and (3)
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Plaintiffs failed to obtain state court approval of the settlement prior to filing their Request for
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Approval.
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Plaintiffs filed a Supplemental Request for Approval of Proposed Settlement on
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December 6, 2012 (the “Supplemental Request”). (ECF No. #65.) In the Supplemental
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Request, Plaintiffs informed the Court that (1) Plaintiffs notified Medi-Cal of the proposed
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settlement, (2) Plaintiffs intend to pay any Medi-Cal lien or invoice in full using funds from the
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settlement, and (3) Plaintiffs are not required to obtain state court approval of the settlement.
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Having considered the filings by all parties, it appears that the concerns raised in
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Defendants’ Opposition may have been adequately addressed in Plaintiffs’ Supplemental
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Request. However, the Court will grant Defendants an opportunity to file a response or, in the
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alternative, to inform the Court that Defendants wish to withdraw their Opposition. Should
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Defendants opt to file a response, Defendants are specifically directed to address how any
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remaining procedural defects impact the fairness of the settlement with respect to the minor
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plaintiff.
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In the event that Defendants inform the Court that they wish to withdraw their
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previously filed Opposition, the Court will take the scheduled January 25, 2013 hearing off
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calendar and issue a decision without oral argument. Additionally, should Defendants
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withdraw their Opposition, the parties are directed to jointly submit a proposed order regarding
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the Request for Approval and Supplemental Request by January 23, 2013.
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Based on the foregoing, it is HEREBY ORDERED that:
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1.
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notice of intent to withdraw their Opposition; and
2.
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Defendants shall file a response to Plaintiffs’ Supplemental Request or file a
Defendants shall file their response or notice of intent to withdraw by January
18, 2013.
IT IS SO ORDERED.
Dated:
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January 8, 2013
/s/ Stanley A. Boone
UNITED STATES MAGISTRATE JUDGE
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