Hugunin et al v. Rocklin Unified School District et al

Filing 52

ORDER signed by Chief Judge Morrison C. England, Jr. on 12/22/2015 APPROVING the Joint Rule 68 Offer of Judgment; DIRECTING the Clerk of Court to enter judgment in favor of Plaintiffs P.R., Richard Rogers and Terrill Rogers pursuant to F.R.Cv.P. Rule 68; APPROVING the distribution of proceeds from the Offer of Judgment and the special needs trust submitted with the moving papers; ORDERING that the venue for the on-going oversight of said special needs trust lie with the Placer County Superior Co urt and that the trustees of the special needs trust file an account and report with the Court in the manner and frequency called for by the California Probate Code; ORDERING that the sum of $502,419.93 (five hundred two thousand, four hundred n ineteen dollars and ninety-three cents) be paid directly to the special needs trust of P.R. and held in a blocked account which may only be made available to the trustees upon further order of the Placer County Superior Court; ORDERING that $50, 000.00 of those funds be held in an account that is accessible to the trustees of the trust; ORDERING the trustees of the special needs trust for P.R. to post bond in the amount of $50,000.00; ORDERING that $3,500.00 (three thousand five hundred dollars and zero cents) be paid from the special needs trust to the Dale Law Firm for the preparation of the special needs trust for P.R. (Michel, G.)

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PETER W. ALFERT, SBN 83139
HINTON ALFERT & KAHN LLP
200 Pringle Ave., Suite 450
Walnut Creek, California 94596
Telephone: [phone]
Facsimile: [phone]

Attorneys for PLAINTIFFS JENNIFER
HUGUNIN, PATRICK HUGUNIN, D.H., KEITH
CALDWELL, NICOLE HILL, X.C., TRISHA PITTS,
CARL PITTS, and N.P.
ALLISON S. HYATT, SBN 217567
HYATT LAW, PC
915 Highland Pointe Drive, Suite 250
Roseville, CA 95678
Telephone: [phone]
Facsimile: [phone]

Attorney for PLAINTIFFS TODD VROOMAN
LAURA VROOMAN, and S.V., RICHARD ROGERS,
TERRILL ROGERS and P.R., MICHELE MANCOUR
and G.I.
UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TODD BOLEY, SBN 68119
ZOYA YARNYKH, SBN 258062
LAW OFFICE OF TODD BOLEY
2381 Mariner Square Drive, Suite 280
Alameda, CA 94501
Telephone: [phone]
Facsimile: [phone]

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

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ORDER GRANTING MOTION TO APPROVE ACCEPTED
RULE 68 OFFER OF JUDGMENT
HUGUNIN, et al., v. RUSD, et al.,

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Case No: 2:15-cv-00939-MCE-DAD
ORDER GRANTING MOTION TO
APPROVE ACCEPTED RULE 68
OFFER OF JUDGMENT ON
BEHALF OF MINOR P.R.

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Based on the Motion To Approve Accepted Rule 68 Offer Of Judgment On Behalf Of

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Minor P.R. (“Motion”) filed on November 19, 2015 by Plaintiff Richard Rogers as appointed

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Guardian Ad Litem for minor plaintiff, P.R., and its supporting documents, the personal

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appearance of Mr. Rogers and counsel at the December 17, 2015 hearing on the Motion, and for

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good cause shown for all relief requested therein, the Motion is GRANTED and the following is

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ordered:

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The October 8, 2015 Joint Rule 68 Offer of Judgment by Defendants Rocklin Unified

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School District (“RUSD”), Sherry McDaniel, Charles Thibideau, Betty Jo Wessinger, Janna

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Cambra, Kevin Brown, Roger Stock and Dr. Todd Culter for Plaintiffs Richard Rogers,

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Terrill Rogers and P.R. is approved and the Clerk is ordered to enter Judgment accordingly

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pursuant to Rule 68 of the Federal Rules of Civil Procedure in favor of Plaintiffs P.R.,

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Richard Rogers and Terrill Rogers.

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IT IS FURTHER ORDERED that the distribution of proceeds from the Offer of Judgment,

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as set forth in the Motion, is approved and the special needs trust submitted with the

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moving papers is also approved. A special needs trust for the benefit of P.R. must be

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established as set forth in the moving papers and supporting exhibit.

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IT IS FURTHER ORDERED that venue for the on-going oversight of the special needs

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trust established by the order herein shall lie with the Placer County Superior Court, and the

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trustees of the special needs trust shall file an account and report with the Court in the

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manner and frequency called for by the California Probate Code.

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IT IS FURTHER ORDERED that the sum of $502,419.93 (five hundred two thousand, four

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hundred nineteen dollars and ninety three cents) is to be paid directly to the special needs

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trust of P.R., but of those funds, $50,000 shall be held in an account that is accessible to the

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trustees of the trust and the balance shall be held in a blocked account the funds of which

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may only be made available to the trustees upon further order of the Placer County Superior

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Court.

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ORDER GRANTING MOTION FOR APPROVAL OF
PROPOSED SETTLEMENT ON BEHALF OF MINOR
HUGUNIN, et al., v. RUSD, et al.,

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IT IS FURTHER ORDERED that the trustees of the special needs trust for P.R. shall post

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bond in the amount of $50,000.

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IT IS FURTHER ORDERED that attorneys’ fees in the amount of $3,500 (three thousand

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five hundred dollars and zero cents) shall be paid from the special needs trust to the Dale

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Law Firm for the preparation of the special needs trust for Minor Plaintiff P.R.

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IT IS SO ORDERED.
Dated: December 22, 2015

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ORDER GRANTING MOTION FOR APPROVAL OF
PROPOSED SETTLEMENT ON BEHALF OF MINOR
HUGUNIN, et al., v. RUSD, et al.,

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