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: (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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