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)

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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: (801) 366-0100 E-mail: scheney@utah.gov E-mail: kkaiser@utah.gov JOHN MEJIA (13965) ACLU of Utah Foundation, Inc. 355 N. 300 W. Salt Lake City, Utah 84103 Telephone: (801) 521-9862 E-mail: jmejia@acluutah.org JOSHUA BLOCK ACLU Foundation, Inc. 125 Broad Street, Floor 18 New York, New York 10004 Telephone: (212) 549-2600 E-mail: jblock@aclu.org 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, [PROPOPSED] ORDER ON JOINT MOTION FOR DISMISSAL WITH PREJUDICE Plaintiff, v. DAVIS SCHOOL DISTRICT, Defendant. Case No. 1:12-cv-242-EJF Magistrate Judge Evelyn Furse NOW before the Court is the parties’ Joint Motion for Dismissal with Prejudice (doc. XXX.) The parties advise that the matter has been settled through a Universal Settlement and Release of All Claims. They request that the case be dismissed, with prejudice, with each party to bear its own costs; for Defendant to pay Plaintiffs’ reasonable attorney fees as reflected in the settlement; that Plaintiffs’ Motion for class Certification (doc. 13) be denied as moot; and that the Court incorporate the terms of the Universal Settlement and Release of All Claims into its order of dismissal, retaining jurisdiction for the purpose of enforcing the agreement. Based on the parties’ agreement, it is hereby ORDERED that the parties’ Joint Motion for Dismissal with Prejudice (doc. 21) is GRANTED. It is further ORDERED that Plaintiffs Proposed Class Action Complaint (doc. 2) is DISMISSED WITH PREJUDICE, with each party to bear its own costs, and with Defendants to pay Plaintiffs attorneys’ fees as agreed to in the Universal Settlement and Release of All Claims. It is further ORDERED that Plaintiffs’ Motion for Class Action Certification (doc. 13) is DENIED AS MOOT. It is further ORDERED that the Court hereby incorporates the terms of the Universal Settlement and Release of All Claims into this Order, and retains 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). The Clerk will CLOSE the case. IT IS SO ORDERED DATED this ___day of January, 2013. Evelyn J. Furse United States Magistrate Judge District of Utah AGREED AS TO FORM AND CONTENT BY: 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

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