Hurd et al v. Clark County School District et al

Filing 164

ORDER granting 163 Stipulation. The deadline for dismissal is extended to 30 days after the approval of either the petition for minors' compromises or the application for fees and costs, whichever is later. A Status Check is scheduled for 2/19/2019 at 01:45 PM in LV Courtroom 3B before Magistrate Judge Peggy A. Leen. Signed by Magistrate Judge Peggy A. Leen on 1/29/2019. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:16-cv-02011-GMN-PAL Document 163 Filed 01/28/19 Page 1 of 4

1
2
3
4
5
6
7
8
9
10
11
12

PETER W. ALFERT, ESQ.
Admitted Pro Hac Vice
IAN A. HANSEN, ESQ.
Admitted Pro Hac Vice
909 Marina Village Parkway, #199
Alameda, CA 94501
MARIANNE C. LANUTI, ESQ.
Nevada Bar No. 7784
LAW OFFICES OF MARIANNE C. LANUTI
194 Inveraray Court
Henderson, NV 89074
TODD BOLEY, ESQ.
Admitted Pro Hac Vice
LAW OFFICES OF TODD BOLEY
2831 Mariner Square Drive, Suite 280
Alameda, CA 94501
Attorneys for Plaintiffs

13

UNITED STATES DISTRICT COURT

14

DISTRICT OF NEVADA

15
16
17
18
19

BROOK M. HURD, GERALDINE C. HURD,
and M.H., a minor, by and through her guardian
ad litem, BROOK M. HURD; LUIS O.
VILLALOBOS; OLIVIA N. ESPINOZA;
L.M.V., a minor, by and through his guardian ad
litem, OLIVIA N. ESPINOZA; ZEKROLLAH
SANAEI, ELHAM EGHDAMIAN; and S.S., a
minor, by and through his guardian ad litem,
ZEKROLLAH SANAEI,

20

Case No. 2:16-cv-02011-GMN-PAL
STIPULATION AND [PROPOSED]
ORDER EXTENDING SETTLEMENT
RELATED DEADLINES
[FIRST REQUEST]

Plaintiffs,

21

vs.

22

CLARK COUNTY SCHOOL DISTRICT;
JAMES P. DORAN; and SHAWN PAQUETTE,

23
24

Defendants.

25

Plaintiffs, BROOK M. HURD, GERALDINE C. HURD, and M.H., a minor, by and through

26

her guardian ad litem, BROOK M. HURD; LUIS O. VILLALOBOS; OLIVIA N. ESPINOZA; L.M.V.,

27

a minor, by and through his guardian ad litem, OLIVIA N. ESPINOZA; ZEKROLLAH SANAEI,

28
1
STIPULATION AND ORDER FOR EXTENSION
OF SETTLEMENT DEADLINES

2:16-cv-02011-GMN-PAL

Case 2:16-cv-02011-GMN-PAL Document 163 Filed 01/28/19 Page 2 of 4

1

ELHAM EGHDAMIAN; and S.S., a minor, by and through his guardian ad litem, ZEKROLLAH

2

SANAEI, and Defendant, Clark County School District (“
CCSD” (collectively, the “
)
Parties” by and
),

3

through its undersigned counsel of record, hereby stipulate and agree as follows:

4
5
6
7
8

IT IS HEREBY STIPULATED by and between the parties to the above-entitled action as
follows:
1.

Subject to approval by the CCSD Board, the parties reached an agreement to settle

the above matter at a settlement conference on November 8, 2018.
2.

On November 14, 2018, the Court issued a Minute Order setting forth the terms of

9

that agreement. The agreement provides that the plaintiffs shall file a petition for compromise of

10

the minors’claims within 30 days of the School Board’ approval of the proposed settlement. In
s

11

addition, Plaintiffs are to file an application for attorneys’fees and costs within 30 days of the

12

Board’ approval if the settlement is approved.
s

13
14
15

3.

The parties held a status conference on January 16, 2019. At that time, the parties

indicated that the CCSD Board would consider the settlement on January 24, 2019.
4.

The court’ Minutes of Proceedings (Document 162) directs the parties to file a
s

16

stipulation to dismiss by January 30, 2019 if all parties have executed the settlement agreement.

17

It further directed the Plaintiffs to file a motion to enforce the settlement by January 30, 2019 if

18

Defendant Doran is unwilling to sign the agreement on terms memorialized in chambers.

19

5.

Due to unforeseen circumstances, the CCSD Board will consider the proposed

20

settlement during its meeting on February 14, 2019 instead of the January 24, 2019 meeting as

21

originally anticipated.

22

settlement agreement and on January 21, 2019, counsel for Plaintiffs sent CCSD copies of the

23

settlement agreement and release executed by all Plaintiffs and by plaintiffs’counsel.

24
25
26

6.

Counsel for Plaintiffs and CCSD have agreed on the terms of the

Attorneys for the Plaintiffs and Defendant Doran have now reached agreement on

the terms of the settlement agreement and no motion to enforce the agreement will be necessary.
7.

The case cannot be dismissed until the Court rules on Plaintiffs petitions to approve

27

the minors’compromises and application for attorney’ fees and costs. Therefore, the parties
s

28

request that the deadline to file a stipulation for dismissal be extended to 30 days after the approval
2
STIPULATION AND ORDER FOR EXTENSION
OF SETTLEMENT DEADLINES

2:16-cv-02011-GMN-PAL

Case 2:16-cv-02011-GMN-PAL Document 163 Filed 01/28/19 Page 3 of 4

1

of either the petition for minors’compromises or the application for fees and costs, whichever is

2

later.

3

8.

In addition, the parties request that a status check be scheduled after February 14,

4

2019.

5

DATED this 28th day of January, 2019.

DATED this 288th day of January , 2019.

GREENBERG TRAURIG, LLP

LAW OFFICES OF PETER ALFERT, PC

/s/ Kara B. Hendricks
MARK E. FERRARIO, ESQ.
Nevada Bar No. 1625
KARA B. HENDRICKS, ESQ.
Nevada Bar No. 7743
WHITNEY L. WELCH-KIRMSE, ESQ.
Nevada Bar No. 12129
10845 Griffith Peak Dr., #600
Las Vegas, NV 89135

/s/ Peter W. Alfert
PETER W. ALFERT, ESQ.
Admitted Pro Hac Vice
IAN A. HANSEN, ESQ.
Admitted Pro Hac Vice
909 Marina Village Parkway, #199
Alameda, CA 94501

6
7
8
9
10
11
12
13

Attorneys for Defendants Clark County School
District and Shawn Paquette

14
15

TODD BOLEY, ESQ.
Admitted Pro Hac Vice
LAW OFFICES OF TODD BOLEY
2831 Mariner Square Drive, Suite 280
Alameda, CA 94501

16
17
18
19
20
21
22
23
24

MARIANNE C. LANUTI, ESQ.
Nevada Bar No. 7784
LAW OFFICES OF MARIANNE C. LANUTI
194 Inveraray Court
Henderson, NV 89074

Attorneys for Plaintiffs
DATED this 28th day of January, 2019.
HATFIELD & ASSOCIATES
/s/
Trevor J. Hatfield
TREVOR J. HATFIELD, ESQ.
Nevada Bar No. TPTP
Attorneys for Defendant James Doran

25
26
27
28
3
STIPULATION AND ORDER FOR EXTENSION
OF SETTLEMENT DEADLINES

2:16-cv-02011-GMN-PAL

Case 2:16-cv-02011-GMN-PAL Document 163 Filed 01/28/19 Page 4 of 4

1

ORDER

2
3
4
5

The deadline for dismissal is extended to 30 days after the approval of either the petition for
minors’
compromises or the application for fees and costs, whichever is later.
A status check is scheduled for 1:45 p.m. February 19, 2019, in Courtroom 3B.

6

IT IS SO ORDERED:

7

January 29, 2019
Dated: ____________________

8
_______________________________________
UNITED STATES MAGISTRATE JUDGE

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

4
STIPULATION AND ORDER FOR EXTENSION
OF SETTLEMENT DEADLINES

2:16-cv-02011-GMN-PAL