Fobbs et al v. New Haven Unified School District et al

Filing 104

ORDER by Judge Hamilton granting 100 petition for withdrawal of funds.(pjhlc2, COURT STAFF) (Filed on 3/17/2016)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ALVETT FOBBS, et al., 9 10 11 Case No. 10-cv-1065-PJH Plaintiffs, 8 v. NEW HAVEN UNIFIED SCHOOL DISTRICT, et al., ORDER GRANTING PETITION FOR WITHDRAWAL OF FUNDS FROM BLOCKED ACCOUNT United States District Court Northern District of California Defendants. 12 13 14 On February 12, 2016, petitioner Jureko Johnson filed a “petition for withdrawal of 15 funds from blocked account.” See Dkt. 100. The petition cites to the court’s June 28, 16 2011 order approving compromise of minor’s claim, which provided that then-minor 17 “Jonathan J.” (a fictitious name) was entitled to withdraw $7,500 from a blocked trust 18 account during a ten-day window starting on his 20th birthday in 2015. Id. at 2. In the 19 petition, Johnson claims that he was incarcerated during that time, making him unable to 20 withdraw the funds, and he requests an order approving a late withdrawal. 21 On February 17, 2016, the court issued an order explaining that the petition, as 22 filed, did “not provide enough information for the court to approve the request.” See Dkt. 23 101. Specifically, the court noted that (1) the petition did not clearly state that petitioner 24 Jureko Johnson was the “Jonathan J.” named in the court’s June 2011 order approving 25 compromise of minor’s claim, (2) the petition was unaccompanied by any declaration 26 from Jonathan J.’s guardian ad litem, Tereese Sanders, who requested the withdrawal 27 schedule, and whose consent is therefore needed to modify it, and (3) the petition did not 28 explain when petitioner Johnson was released from custody. Id. The court directed 1 petitioner Joh hnson to submit a signed declarat tion attestin that he is indeed th ng s he 2 “Jo onathan J.” referenced in the court’s June 20 order, to provide a timeline o his d 011 of 3 inc carceration and release, and to su ubmit a signed declara ation from T Tereese Sa anders 4 join ning in the request. 5 On Ma arch 14, 201 petitione Johnson filed a sign declara 16, er n ned ation specif fically 6 sta ating that “I, Jureko Johnson, am the ‘Jonath J.’ referenced in th court’s J , han he June 28, 7 2011 order,” and further explaining that he wa released from custo on April 11, 2015. a as ody l 8 ee . M 2 ese s eclaration st tating that “I “ Se Dkt. 102. Also on March 14, 2016, Teree Sanders filed a de 9 hereby give my consent for him to withdraw th funds of $7,500 tha he was un m w he at nable to 10 United States District Court Northern District of California 11 wit thdraw on March 14, 2015.” See Dkt. 103. M 2 e The de eficiencies in the petitio having b on been addre essed, the c court hereby GRANTS y S 12 the petition fo withdrawa of funds. Petitioner Johnson s e or al r shall have u until March 31, 2016 13 to withdraw $7,500 from the Minor’s Comprom w s mise Trust A Account ref ferenced in this court’s s 14 June 28, 2011 order. Se Dkt. 96. All other te 1 ee erms set fo in the June 28, 2011 order orth 15 sha remain in place, inc all cluding the provision th the acc hat count’s remaining bala ance cannot t 16 be withdrawn until petitio oner’s 23rd birthday in 2018. n 17 18 19 20 21 S RED. IT IS SO ORDER ated: March 17, 2016 h Da __ __________ __________ __________ _______ PH HYLLIS J. H HAMILTON Un nited States District Ju s udge 22 23 24 25 26 27 28 2

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