A.W. et al v. Davis School District

Filing 23

ORDER granting 22 Motion to Dismiss ; dismissing 2 Complaint with prejudice ; denying as moot 13 Motion to Certify Class ; 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, 37881 (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). Case Closed. Signed by Magistrate Judge Evelyn J. Furse on 02/01/2013. (asp)

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,

ORDER ON JOINT MOTION FOR
DISMISSAL WITH PREJUDICE

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

NOW before the Court is the parties’ Joint Motion for Dismissal with Prejudice (doc. 22.)
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. 22) 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 1st day of February, 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