Ramos et al v. San Jose Unified School District et al

Filing 31

STIPULATION AND ORDER vacating case management conference; setting hearing on motion to approve settlement of minor's claims for February 21, 2019 at 9:00 a.m. Signed by Judge Edward J. Davila on 1/22/2019. (ejdlc3S, COURT STAFF) (Filed on 1/22/2019)

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David H. Tollner (SBN 138315)
James Sibley (SBN 150833)
Sarah Fairchild (SBN 238469)
Tollner Law Offices
1550 The Alameda, Suite 211
San Jose, Ca. 95126
Office Line: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Plaintiffs

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BEFORE THE U.S. DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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Case No.: 5:17-cv-07202 EJD
Jose Ramos and Ana Garcia, O.R. a minor, by
and through his Parents and Guardian at
Litem, Jose Ramos and Ana Garcia,
Plaintiffs,

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JOINT NOTICE OF SETTLEMENT,
STIPULATION TO SET HEARING ON
MOTION TO CONFIRM SETTLEMENT
AND [PROPOSED] ORDER

vs.
SAN JOSE UNIFIED SCHOOL DISTRICT
and individuals Debra Fields, Neil Aratin,
Katy Baiely , Jennifer Willis, Mary Anne
Pereira, Sharon Spivak, Mae Lin Bishop, J.
Dominic Bejarano, Nancy Albarran, and
Jackie Zeller, Defendant(s).; and DOES 1-50,
inclusive

Case Management
Conference Date:
Time:
Judge:
Location:
Trial Date:

January 31, 2019
10: 00 a.m.
Hon. Edward J. Davila
Courtroom 4, 5th Floor
None set

Defendants.
The parties HEREBY STIPULATE AND AGREE to the following:
1. In October, 2018, the parties reached a tentative settlement on the monetary terms of

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the above action, advised the court of same, and requested the continuance of the then
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set Case Management Conference to allow for further completion of settlement terms.
2. The parties have now finalized the terms of their settlement, subject to the completion

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of appropriate addenda relating to a structured settlement for the benefit of the minor

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plaintiff and approval of Petition for Minor’s Compromise.

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NOTICE OF SETTLEMENT, STIPULATION TO CONTINUE AND PROPOSED ORDER
Case No.: 5:17-cv-07202

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3. The parties respectfully request that Case Management Conference date of January 31,
2019 be vacated.
4. The parties have deadlines associated with a structured settlement that require an order
no later than February 28, 2019.
5. The parties have been assigned a hearing date of April 4, 2019 at 9:00 a.m. and will file
a motion requesting an earlier hearing date in the event that an earlier hearing is

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possible.

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TOLLNER LAW OFFICES

By:
_/s/ David Tollner_________
David Tollner
Attorney for Plaintiffs

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SAMUELSON, WILSON & ROE

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By: _/s/Jacquelyn K. Wilson_______
Jacquelyn K. Wilson

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Attorney for Defendants San Jose Unified
School District, Neil Aratin, Katy Bailey,
Jennifer Willis, Mary Anne Pereira, Sharon
Spivak, Mae Lin Bishop, J. Dominic
Bejarano, Nancy Albarran, and Jackie Zeller.

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DAVIS AND YOUNG

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By: _/s/ Mark E. Davis__________
Mark E. Davis

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Attorney for Defendant Debra Field

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NOTICE OF SETTLEMENT, STIPULATION TO CONTINUE AND PROPOSED ORDER
Case No.: 5:17-cv-07202

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[PROPOSED] ORDER

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Pursuant to this Stipulation and good cause appearing, it is ordered that the Case
Management Conference be vacated and that the hearing on the motion to approve the settlement
February 21,
of minor O.R.’s claims be set for April 4, 2019 or earlier. at 9:00 a.m.

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Dated: January 22, 2019

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By:
Hon. Edward J. Davila
DISTRICT COURT JUDGE

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NOTICE OF SETTLEMENT, STIPULATION TO CONTINUE AND PROPOSED ORDER
Case No.: 5:17-cv-07202

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