Hugunin et al v. Rocklin Unified School District et al

Filing 59

ORDER signed by Chief Judge Morrison C. England, Jr on 2/2/16 ORDERING the Court grants the motion to approve the settlement on behalf of the minors as set forth in the motion; the 10/8/15 Joint Rule 68 Offer of Judgment is approved and the Cl erk is directed to enter judgment in favor of Plaintiffs X.C., Nicole Hill and Keith Caldwell; the special needs trust for X.J.C. as presented to this Court is hereby approved, and Nicole Elysecia Hill and Keith J. Caldwell as Guardians ad Lite m are directed to execute said special needs trust for the minor's benefit. The sum of $1,013,916.85 shall be deposited therein. The Trustee of the special needs trust shall be WestAmerica Bank; Venue for on-going oversight of the specia l needs trust established by the order herein shall lie with the Placer County Superior Court, and the Trustee for the special needs trust shall file an account and report with that Court in the manner and frequency called for by the California Proba te Code; Attorneys' fees in the amount of $3,500 shall be paid from the special needs trust to the Dale Law Firm for preparation of the special needs trust for the minor plaintiff; Defendants shall prepare a draft in the amount of $1,013,916.85 payable to WestAmerica Bank as trustee of the special needs trust; Defendants shall prepare a draft in the amount of $346,083.15 to the Hinton, Alfert and Kahn Trust Account. (Becknal, R)

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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.

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]

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UNITED STATES DISTRICT COURT

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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 guardians ad litem KEITH
CALDWELL and NICOLE HILL, 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.

2:15-cv-00939-MCE-DAD
ORDER CONFIRMING
ACCEPTANCE OF RULE 68 OFFER
OF JUDGMENT ON BEHALF OF
NICOLE HILL, KEITH CALDWELL,
AND X.C., A MINOR, BY AND
THROUGH HIS GUARDIANS AD
LITEM NICOLE HILL AND KEITH
CALDWELL AND ALL DEFENDANTS
Date:
January 28, 2016
Time:
2:00 p.m.
Courtroom: 7, Floor 14

The matter came on for hearing on January 28, 2016, on Plaintiffs Keith Caldwell and

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Nicole Hill’s Motion For Order Confirming Settlement of Minor X.C.’S Claims pursuant to an

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offer made pursuant to Rule 68 of the Federal Rules of Civil Procedure. Todd Boley and Peter W.

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Alfert appeared for Plaintiff. The Court, having read the pleadings and the papers filed in support

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of and in opposition to the motion, having heard the arguments of counsel and being fully apprised
ORDER RE: Rule 68 Offer of Judgment

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2:15-CV-00939-MCE-DAD

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therein, and good cause appearing therefor,

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IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT

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1.

The Court grants the motion to approve the settlement on behalf of the minors as set forth

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in the motion;

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2.

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

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Cambra, Kevin Brown, Roger Stock and Dr. Todd Cutter is approved and the Clerk of Court is

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directed to enter judgment accordingly pursuant to Rule 68 of the Federal Rules of Civil Procedure

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in favor of Plaintiffs X.C., Nicole Hill and Keith Caldwell.

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

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3.

The special needs trust for X.J.C. as presented to this Court is hereby approved, and Nicole

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Elysecia Hill and Keith J. Caldwell as Guardians ad Litem are directed to execute said special

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needs trust for the minor’s benefit. The sum of $1,013,916.85 (one million thirteen thousand nine

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hundred sixteen dollars and eighty five cents) shall be deposited therein. The Trustee of the special

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needs trust shall be WestAmerica Bank.

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4.

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lie with the Placer County Superior Court, and the Trustee for the special needs trust shall file an

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

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Code.

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5.

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special needs trust to the Dale Law Firm for preparation of the special needs trust for the minor

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plaintiff.

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Venue for on-going oversight of the special needs trust established by the order herein shall

Attorneys’ fees in the amount of $3,500 (thirty five hundred dollars) shall be paid from the

ORDER RE: Rule 68 Offer of Judgment

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2:15-CV-00939-MCE-DAD

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6.

Defendants shall prepare a draft in the amount of $1,013,916.85 payable to WestAmerica

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Bank as trustee of the special needs trust.

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7.

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Kahn Trust Account.

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Dated: February 2, 2016

Defendants shall prepare a draft in the amount of $346,083.15 to the Hinton, Alfert and

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ORDER RE: Rule 68 Offer of Judgment

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2:15-CV-00939-MCE-DAD