A.W. et al v. Davis School District

Filing 22

Joint MOTION to Dismiss filed by Plaintiffs A.W., C.W.. (Attachments: # 1 Exhibit Settlement Agreement, # 2 Text of Proposed Order Proposed Order)(Mejia, John)

SCOTT D. CHENEY (6193)
KYLE K. KAISER (13924)
Assistant Utah Attorneys General
JOHN E. SWALLOW (5802)
Utah Attorney General
160 East 300 South, Sixth Floor
PO BOX 140856
Salt Lake City, Utah 84114-0856
Telephone: [phone]
E-mail: [e-mail]
E-mail: [e-mail]

JOHN MEJIA (13965)
ACLU of Utah Foundation, Inc.
355 N. 300 W.
Salt Lake City, Utah 84103
Telephone: [phone]
E-mail: [e-mail]
JOSHUA BLOCK
ACLU Foundation, Inc.
125 Broad Street, Floor 18
New York, New York 10004
Telephone: [phone]
E-mail: [e-mail]

Attorney for Defendants

Attorneys for Plaintiff
*Admitted Pro Hac Vice

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH – NORTHERN DIVISION
A.W. and C.W., by and through their mother
Tina Weber, individually and on behalf of
others similarly situated,

JOINT MOTION FOR DISMISSAL WITH
PREJUDICE

Plaintiff,
v.
Case No. 1:12-cv-242-EJF
DAVIS SCHOOL DISTRICT,
Magistrate Judge Evelyn Furse
Defendant.

Defendant Davis School District, by and through counsel, Scott D. Cheney and Kyle J.
Kaiser, Assistant Utah Attorneys General, and Plaintiffs A.W. and C.W., by and through their
mother Tina Weber and counsel Joshua Block and John Mejia, ACLU Foundation, pursuant to
Federal Rule of Civil Procedure 41(a), jointly move and hereby stipulate to the dismissal, with
prejudice, of Plaintiffs’ Proposed Class Action Complaint (doc. 2). The parties stipulate that

Plaintiffs’ Motion for Class Certification (doc. 13) should be denied as moot, that each party
shall bear its own costs in the action, that Defendant shall pay Plaintiffs’ reasonable attorney fees
as agreed to in the Universal Settlement and Release of All Claims, and that the Court
incorporate the terms of the Universal Settlement and Release of All Claims into its dismissal
order and retain jurisdiction for purposes of enforcing the terms of settlement agreement, as
agreed to by the parties. See Fed. R. Civ. P. 41(a)(2); Kokkonen v. Guardian Life Ins. Co., 511
U.S. 375, 378–81 (1994); Morris v. City of Hobart, 39 F.3d 1105, 1110-11 (10th Cir. 1994);
Floyd v. Ortiz, 300 F.3d 1223, 1226 & n.3 (10th Cir. 2002). A proposed order reflecting the
dismissal is provided.

DATED this 31st day of January, 2013.

Attorneys for Plaintiff:

___/s/ John Mejia________________
JOHN MEJIA
ACLU of Utah Foundation, Inc.
Joshua Block
ACLU Foundation, Inc.

Attorneys for Defendant:

JOHN E. SWALLOW
UTAH ATTORNEY GENERAL
/s/ Scott D. Cheney
SCOTT D. CHENEY
KYLE J. KAISER
Assistant Utah Attorneys General
Attorney for Defendant
Electronic Signature affixed with the permission of
Counsel for Defendant