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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ALVETT FOBBS, et al.,

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Case No. 10-cv-1065-PJH

Plaintiffs,

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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.
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On February 12, 2016, petitioner Jureko Johnson filed a “petition for withdrawal of

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funds from blocked account.” See Dkt. 100. The petition cites to the court’s June 28,

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2011 order approving compromise of minor’s claim, which provided that then-minor

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“Jonathan J.” (a fictitious name) was entitled to withdraw $7,500 from a blocked trust

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account during a ten-day window starting on his 20th birthday in 2015. Id. at 2. In the

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petition, Johnson claims that he was incarcerated during that time, making him unable to

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withdraw the funds, and he requests an order approving a late withdrawal.

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On February 17, 2016, the court issued an order explaining that the petition, as

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filed, did “not provide enough information for the court to approve the request.” See Dkt.

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101. Specifically, the court noted that (1) the petition did not clearly state that petitioner

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Jureko Johnson was the “Jonathan J.” named in the court’s June 2011 order approving

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compromise of minor’s claim, (2) the petition was unaccompanied by any declaration

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from Jonathan J.’s guardian ad litem, Tereese Sanders, who requested the withdrawal

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schedule, and whose consent is therefore needed to modify it, and (3) the petition did not

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explain when petitioner Johnson was released from custody. Id. The court directed

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petitioner Joh
hnson to submit a signed declarat
tion attestin that he is indeed th
ng
s
he

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“Jo
onathan J.” referenced in the court’s June 20 order, to provide a timeline o his
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of

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inc
carceration and release, and to su
ubmit a signed declara
ation from T
Tereese Sa
anders

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join
ning in the request.

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On Ma
arch 14, 201 petitione Johnson filed a sign declara
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er
n
ned
ation specif
fically

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sta
ating that “I, Jureko Johnson, am the ‘Jonath J.’ referenced in th court’s J
,
han
he
June 28,

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2011 order,” and further explaining that he wa released from custo on April 11, 2015.
a
as
ody
l

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ee
.
M
2
ese
s
eclaration st
tating that “I
“
Se Dkt. 102. Also on March 14, 2016, Teree Sanders filed a de

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hereby give my consent for him to withdraw th funds of $7,500 tha he was un
m
w
he
at
nable to

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United States District Court
Northern District of California

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wit
thdraw on March 14, 2015.” See Dkt. 103.
M
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e
The de
eficiencies in the petitio having b
on
been addre
essed, the c
court hereby GRANTS
y
S

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the petition fo withdrawa of funds. Petitioner Johnson s
e
or
al
r
shall have u
until March 31, 2016

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to withdraw $7,500 from the Minor’s Comprom
w
s
mise Trust A
Account ref
ferenced in this court’s
s

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June 28, 2011 order. Se Dkt. 96. All other te
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ee
erms set fo in the June 28, 2011 order
orth

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sha remain in place, inc
all
cluding the provision th the acc
hat
count’s remaining bala
ance cannot
t

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be withdrawn until petitio
oner’s 23rd birthday in 2018.
n

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S
RED.
IT IS SO ORDER
ated: March 17, 2016
h
Da
__
__________
__________
__________
_______
PH
HYLLIS J. H
HAMILTON
Un
nited States District Ju
s
udge

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