Doe v. Mt. Diablo Unified School District

Filing 57

ORDER by Judge Haywood S. Gilliam, Jr. Granting 56 Stipulation To Expedite Time for Hearing. (ndrS, COURT STAFF) (Filed on 8/17/2015)

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JEFFREY M. HERMAN, ESQ. (Admitted Pro !lac Vice)
DANIEL G. ELLIS, ESQ. (Calf. Bar No. 298639)
Herman Law
3351 NW Boca Raton Boulevard
Boca Raton, FL 33431
Telephone: [phone]
Facsimile: [phone]
MARY E. ALEXANDER, ESQ. (SBN: 104173)
JENNIFER L. FIORE, ESQ. (SBN: 203618)
SOPHIA M. ASLAMI, ESQ. (SBN: 262712)
Mary Alexander & Associates, P.C.
44 Montgomery Street, Suite 1303
San Francisco, CA 941 04
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
JOHN DOE, by and through his
Guardian ad Litem, HERB THOMAS

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JOHN DOE, by and through his Guardian ad
Litem, C.D.,

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Plaintiff,

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vs.
MT. DIABLO UNIFIED SCHOOL
DISTRICT, a public entity,
And DOES 1-100, inclusive,

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Defendants.

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Case No.: C-14-02167 HSG

JOINT STIPULATION AND
[PROPOSED] ORDER FOR
EXPEDITED HEARING OF
PLAINTIFF'S PETITION TO
COMPROMISE PENDING ACTION

____________________________)

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The Parties, Plaintiff JOHN DOE, by and through his Guardian ad Litem, Herb Thomas,

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and Defendant MT. DIABLO UNIFIED SCHOOL DISTRICT, hereby file this Joint Stipulation

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for Expedited Hearing of Petition to Compromise Pending Action on the following grounds.

JOINT STIPULATION AND [PROPOSED] ORDER FOR EXPEDITED HEARING OF PLAINTIFF'S
PETITION TO COMPROMISE PENDING ACTION
Case No. C-14-02167 HSG

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This matter was settled by a compromised settlement by all parties on June 22, 2015. As

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the Plaintiff is an incapacitated person, Court approval is sought in order to approve this

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settlement including an order to allow counsel to establish a Special Needs Trust on behalf of

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John Doe.

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This matter involves a Guardian ad Litem in California, and co-counsel for the Plaintiff

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has their offices in Florida and New York, hence time has been a factor in getting all paperwork

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filed with this Court. At the beginning of the gathering and exchange of settlement documents,

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the Court's calendar had availability for August 20, 2015 for the hearing on Plaintiffs Petition

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for Compromise of Pending Action ("Petition"). When Plaintiffs counsel filed the Petition on

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Monday, August 3, 2015, the Court no longer had available the date of August 20, 2015.

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Plaintiff then selected September 10, 2015 for the hearing. Due to a minor filing issue, the

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Petition filed on August 3 was rejected and the hearing date of September 10, 2015 was no

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longer available to the parties. Upon Plaintiffs refiling of the Petition, the September 10, 2015

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date was no longer available and the soonest available date Plaintiff could select for the hearing

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was October 1, 2015.

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Plaintiffs counsel has contacted Defendant Mt. Diablo Unified School District's counsel,

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Timothy Murphy, who has advised he has no objection to the entry of this stipulation, and joins

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Plaintiff in this stipulation due to the settlement being effectuated on June 22, 2015.

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The parties respectfully request that this Honorable Court shorten the time in which the

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hearing is to take place and allow for the September 10,2015 hearing to take place at 2:00

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p.m., as counsel for each of the parties and the Guardian ad Litem are available to attend the

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hearing at this date and time.

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The parties further respectfully request that the hearing on the Petition be held
confidentially in a closed session since the subject matter is confidential and concerns privileged

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Ill

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Ill

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Ill
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JOINT STIPULATION AND [PROPOSED] ORDER FOR EXPEDITED HEARING OF PLAINTIFF'S
PETITION TO COMPROMISE PENDING ACTION
Case No. C-14-02167 HSG

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settlement information.

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B

And

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By·
MARY E. A "' t XANDER, ESQ.
Calif. Bar No 04173
JENNIFER L. FIORE, ESQ.
Calif. Bar No. 203618
SOPHIA M. ASLAMI, ESQ.
Calif. Bar No. 262712
MARY ALEXANDER & ASSOCIATES, P.C.
Attomeysfor Plaintiff

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ORDER GRANTING EXPEDITED HEARING REQUEST

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IT IS SO ORDERED:

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The Joint Stipulation for Expedited Heal'ing on Petition to Compromise Pending Action
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is hereby Granted. The hearing will be held on September 10, 20 l 5 at 2:00p.m. before this
Court.

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August 17
Dated: - - - - - - · 2015

THE HONORABLE HAYWOOD S. GILLIAM, JR.

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J

JOJNT STIPULATION AND [PROPOSED) ORDER FOR EXPEDITED HEARlNG OF PLAINTIFF'S
PETITION TO COMPROMISE PENDING ACTION
Case No. C-14-02167 HSG