Hugunin et al v. Rocklin Unified School District et al

Filing 162

ORDER signed by District Judge Morrison C. England, Jr on 3/22/18 GRANTING Plaintiff's AMENDED Motion for order approving Settlement of minor A.E.'s Claims.(Mena-Sanchez, L)

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PETER W. ALFERT, SBN 83139
LAW OFFICES OF PETER ALFERT, PC
200 Pringle Ave, Suite #450
Walnut Creek, California 94596
Telephone: [phone]
Facsimile: [phone]
TODD BOLEY, SBN 64119
LAW OFFICE OF TODD BOLEY
2381 Mariner Square Dr., Ste. 280
Alameda, CA 94501
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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JENNIFER HUGUNIN, PATRICK
HUGUNIN, D.H., a minor by and through his
guardian ad litem JENNIFER HUGUNIN;
KEITH CALDWELL, NICOLE HILL, X.C. a
minor by and through his guardian ad litem
KEITH CALDWELL; TRISHIA PITTS, CARL
PITTS, N.P., a minor by and through his
guardian ad litem TRISHIA PITTS; TODD
VROOMAN, LAURA VROOMAN, S.V., a
minor by and through his guardian ad litem
TODD VROOMAN; RICHARD ROGERS,
TERRILL ROGERS, P.R, a minor by and
through his guardian ad litem RICHARD
ROGERS; MICHELLE MANCOUR and G.I., a
minor by and through his guardian ad litem
MICHELLE MANCOUR; AYRELLA OSBY,
B.E., a minor by and through his guardian ad
litem AYRELLA OSBY; MELISSA GUIDERA,
T.G., a minor by and through his guardian ad
litem MELISSA GUIDERA; DANYELLE
ELLIS; GREGORY TODD ELLIS, AND A.E., a
minor by and through his guardians ad litem
DANYELLE ELLIS and GREGORY TODD
ELLIS,
Plaintiffs,

Case No.: 2:15-cv-00939-MCE-DB
ORDER GRANTING PLAINTIFFS
AMENDED MOTION FOR ORDER
APPROVING SETTLEMENT OF MINOR
A.E.’S CLAIMS
Date:
Time:
Courtroom:

March 22, 2018
11:00 A.M.
7, 14th Floor

HON. MORRISON C. ENGLAND, JR.

vs.
ROCKLIN UNIFIED SCHOOL DISTRICT,
SHERRY MCDANIEL, CHARLES
THIBIDEAU, BETTY JO WESSINGER,
JANNA CAMBRA, KEVIN BROWN, ROGER
STOCK, DR. TODD CUTLER, and Does 1-30,
Inclusively,
Defendants.

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ORDER ON PLAINTIFFS’ AMENDED MOTION TO APPROVE SETTLEMENT OF MINOR A.E..’S CLAIMS

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The matter came on regularly for hearing on March 22, 2018, in the above-entitled Court,

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on Plaintiffs’ Motion for Order Approving Settlement of Minor’s Claims. Todd Boley appeared

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for Plaintiffs. The Court, having read the pleadings and the papers filed in support of the motion,

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having heard the arguments of counsel and being fully apprised therein, and good cause appearing

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therefore,

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IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT:

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1.

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plaintiff A.E. as set forth in the motion (ECF No. 151);

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2.

The special needs trust for A.E. as presented to this Court in Exhibit A to the

Motion is hereby approved, and

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The Court GRANTS the motion to approve the settlement on behalf of the minor

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DANYELLE ELLIS, as guardian ad litem of A.E., is directed to execute the special

needs trust for the minor.
4.

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DANYELLE ELLIS and GREGORY TODD ELLIS are hereby appointed to serve

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as the initial Trustees of the A.E. Special Needs Trust, and bond for the Trustees is $ 322,321.57

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(the Funding amount + 15%).
5.

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The Guardian ad Litem DANYELLE ELLIS is directed to place the minor’s portion

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of the settlement, $ 280,279.63, into the A.E. special needs trust attached to the motion as Ex. A;

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and those funds shall not be considered an available resource for purposes of federal and state

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public assistance benefits eligibility; and
6.

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Attorneys’ fees in the amount of $3,000 shall be paid from the special needs trust to

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the Dale Law Firm for the preparation of the special needs trust for the minor plaintiff; and

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ORDER ON PLAINTIFFS’ AMENDED MOTION TO APPROVE SETTLEMENT OF MINOR A.E..’S CLAIMS

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7.

The Court orders that the venue for on-going oversight of the special needs trust

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established herein shall lie with the Placer County Superior Court; and the Trustee of the trust shall

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file an account and report with that Court in the manner and frequency called for by California

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Probate code.

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IT IS SO ORDERED.
Dated: March 22, 2018

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ORDER ON PLAINTIFFS’ AMENDED MOTION TO APPROVE SETTLEMENT OF MINOR A.E..’S CLAIMS