. :~ \~ Case :04-cv-01460-ABC-Mc Document 171 Filed 05/01/06 Page 1 of 6 Page D #: 1 filed CLERK. US. u.s. DSTRCT COURT 'ld.' \,... t9 0 0.-. _...1 :> n: ::>"- :;>... 4 ') 0:'.1 5 ~,... ww \.006 :..) " - ~..' ".:.; 'M~j '- -0-',.. w '-J.-r.::: -'...ox 6 ~ 7 ~ >. :.! -:'" -:00 :;g 8.. - 9 10 11 " - " ~ 00 01 : ~ --,,~:;~, -"'oj:...j -"oj:... \ -"<.> ~ " ~~NiEG:(~-~ '" j, C~E~" U 1:-. "~TRCJ OJ.:!.1lT \ ~.. ~--.. ~--.-....,, C~E~" U &. "~TRC.1 OJllT... ', "- ~{~y -.; '; 006 UNTED STATES DSTRCT ( ClJr1o;.~"';rj[~J!"";m1 ClJYlJ1J;i'~rj[~J!.. ~mt!1~c~t6:::.">f~c;.~.llf~or "~il< '5't11 C~T6~>F-c;.-.L...JFOR"~il< BY" ~~."..~ )EPlJ1"'f )EPlJ'f CENTRAL DSTRCT OF CALFORNA 1 LAUREN M. CRUZ,-by)er friend Jean Cruz; V ALERA HERRERA by her next 1 friend, Carolina Herrera,;, JENNFER N. CERROS; CATHERNt GREMPEL, by 14 her next friend Tina Grempel, individually 15 and on behalf of all those similarly situated, 17 v. Plaintiffs, 18 ALHAMBRA SCHOOL DSTRCT 19 THE CTY OF ALHAMBRA; RUSSELL LEE-SUNG, VCTOR SANDOVAL, LOU TORRES WLLAM A. 0 VALLEJOS, JOHN H. NUNEZ, ROBERT 1. GN z RUTH E. CASTRO, 1 and BARBARA A. MESSNA, in their official capacities, Defendants. Case No. CV 04-1460 DT (Mcx) rpr6pos'edl rpr6pos"edl ORDER OF J)SMSSAL WTH CONTNUNG JURSDCTON DATE: February 7, 006 TME: 10:00 a.m. PLACE: Courtroom of the Hon. Dickran Tevrizian CLASS ACTON 4 5 6 7 8 WHEREAS, Plaintiffs filed this class action lawsuit on March 4, 004, aleging sex-based discrimination in violation of Title X of the Education Amendments of 197 ("Title X"), the United States and the California Constitutions, and state anti-discrimination laws; /7/ [PROPOSED] ORDER OF DSMSSAL WTH CONTNUNG JURSDCTON
Case :04-cv-01460-ABC-Mc Document 171 Filed 05/01/06 Page of 6 Page D #:17 1 WHEREAS, the class was certified on October 4, 004; WHEREAS, after extensive mediation and negotiation, the parties have,if: reached a resolution of all claims, which is memorialized in two settlement :W 4 agreements: 5 (1) An agreement between the Plaintiffs and the District Defendants entitled 6 Joint Resolution Agreement and Order for Continuing Court Jurisdiction, and filed 7 with this Court on December 19,005 as Exhibit A to Civil Docket Number 96 in 8 this case, which is the parties' Joint Ex Parte Application for Order for Preliminary 9 Approval of Settlements and Notice to the Class; and 10 () An agreement between the Plaintiffs and the City entitled Settlement 11 Agreement Between Plaintiffs and Defendant City of Alhambra, and filed with this 1 Court on December 19, 005 as Exhibit B to Civil Docket Number 96 in this case, 1 which is the parties' Joint Ex Parte Application for Order for Preliminary Approval 14 of Settlements and Notice to the Class, 15 WHEREAS, the terms of the two settlement agreements resolving the litigation provide substantial benefits to the entire Class; 17 WHEREAS, pursuant to the express terms of the above-described settlement 18 agreements, the parties have agreed that the Court will determine an award of 19 reasonable attorneys fees and costs to plaintiffs' counsel; 0 WHEREAS, pursuant to the express terms of the above-described settlement 1 agreements, the parties have agreed that the Court will exercise its continuing jurisdiction over the Defendant City of Alhambra until 0 days after it has made a certain payment of money, as specified in the Settlement Agreement Between 4 Plaintiffs and Defendant City of Alhambra, and over the District Defendants until 5 the end of the compliance period, as specified in the Joint Resolution Agreement 6 and Order for Continuing Court Jurisdiction; 7 WHEREAS, on December 19, 005, the Court preliminarily approved the 8 settlements, including the form of notice; [PROPOSED] ORDER OF DSMSSAL WTH CONTNUNG JURSDCTON 't :p~~'.',:::~,
Case :04-cv-01460-ABC-Mc Document 171 Filed 05/01/06 Page of 6 Page D #:18 1 WHEREAS, notice was achieved by December,005, including a distribution of more than,000 copies to Alhambra High School students on ;::i::; i.'.,1 December 1, 005;:ti: 005;::1: \'f,1 \l:f) 4 WHEREAS, on January 1, 006, the Court entered an Order pursuant t6' 5 Rule of the Federal Rules of Civil Procedure finally approving the settlements 6 as fair, reasonable, and adequate; 7 WHEREAS, the parties have submitted pleadings and evidence to the Court 8 regarding its determination of an award of reasonable attorneys fees and costs to the 9 plaintiffs' counsel; 10 THEREFORE, this Court ORDERS as follows: 11 (1) The Agreement between the Plaintiffs and the District Defendants 1 entitled Joint Resolution Agreement and Order for Continuing Court Jurisdiction is 1 hereby endorsed in its entirety, and incorporated into this Order by reference; 14 () The Agreement between the Plaintiffs and the City entitled Settlement 15 Agreement between Plaintiffs and Defendant, City of Alhambra, is hereby endorsed in its entirety, and incorporated into this Order by reference; 17 () As described in the above-incorporated Agreements, this Court shall 18 determine an award of reasonable attorneys' fees and costs to Plaintiffs' counsel; 19 (4) Consistent with the above-incorporated Agreements, and without 0 affecting the finality of this Order of Dismissal, this Court shall retain continuing 1 and exclusive jurisdiction to enforce the ternls of said Agreements, and the authority to make whatever Orders are necessary to enforce compliance with said terms; 4 / / / 5 / / / 6 / / / 7 / / / 8 [PROPOSED] ORDER OF DSMSSAL WTH CONTNUNG JURSDCTON.j ~:: 't.: :l"~:
. Case :04-cv-01460-ABC-Mc Document 171 Filed 05/01/06 Page 4 of 6 Page D #:19 (5) As to all other matters not described in paragraph numbers (1) through (4), above, this Order constitutes an Order of Dismissal in this case.. 4 T S SO ORDERED. 5 6 7 8 9 Dated: 'M.,,\ \,1,(X?\> DCKRAH TEVRZAH THE HONORABLE D CKRAN TEVRZAN United States District Court 10 11 1 1 14 15 17 18 19 0 1 4 5 6 7 8 4 [PROPOSED] ORDER OF DSMSSAL WTH CONTNUNG JURSDCTON
j Case :04-cv-01460-ABC-Mc Document 171 Filed 05/01/06 Page 5 of 6 Page D #:10 1 STATE OF CALFORNA ) PROOF OF SERVCE ) SS. 4 COUNTY OF LOS ANGELES ) 5 am employed in the aforesaid county; am over the age of eighteen years and not a party to the within entitled action; my business address is: 5701 Center 6 Drive West, Suite 611, Los Angeles, California 90045. On March, 006, served the within [PROPOSED] ORDER OF 7 DSMSSAL WTH CONTNUNG JURStnCTON on the interested parties in 8 said action, by placing [ ] the original [ X 1 a true copy thereof enclosed, in a sealed envelope, with postage thereon fully prepaia, to be deposited in the United States 9 mail at Los Angeles, California, adaressed as follows: 10 [] By facsimile machine caused the above-referenced document(s) to be transmitted to the named person(s) to telecopier number(s) listed above. 11 PLEASE SEE ATTACHED SERVCE LST 1 [Xl 1 14 15 17 18 By mail, am "readily familiar" with the finn's practice of collection and Rrocessing corresrondence for mailing. Under that practice it would be aeposited with U.S. postal service on that same day with postage thereon fully prepaid at Los Angeles, California in the ordinary course of business. Jam aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affiaavit. Executed on March, 006, at Los Angeles, Califomia. [X 1 CF,ederal) declare t~at.am employyd in the office of a member of the bar of tln. fins court,",urt at whose dlrecl>on dlfectwn the scmce was made. ~ ~ 19 0 Sham Par er 1 4 5 6 7 8 PROOF OF SERVCE RE: [PROPOSED] ORDER OF DSMSSAL WTH CONTNUNG JURSDCTON 5
Case., :04-cv-01460-ABC-Mc Document 171 Filed 05/01/06 Page 6 of 6 Page D #:11 Case Name:Cruz v. Alhambra School District Action No.: USDC Case No. CV04-1460 DT (Mcx) 4 MALNG LST 5 6 7 8 9 10 11 1 1 14 15 17 18 19 0 1 4 v ar er cw C.or CAL A OMEN'S LAW CENTER 460 Wilshire Boulevard, Suite 110 Los Angeles, California 90010 Telephone: (1) 67 9900; 67-9900; Facsmile: (1) 67 9909 67-9909 Attorney Jar for Plaintiffs, LA UREN M. CRUZ, etc., et a!., Joseph M. Montes, Esq. Elizabeth Kristen, Esq. ekristen las.ele.or las.elc.or ty ttorney, ty of Alhambra BURKE WLLAMS & SORENSEN 444 South Flower Street, Suite 400 Los An~eles, t CA 90071 95 90071-95 TEL: 1) 6-0600 6-700 6 0600 FAX: ( t6.700 Attorne)ls or DeJendant, Defendant, CTY OF ALHAMB Elizabeth R. Feffer, Esq. erff(f~ones-mayer.com erff(f~ones.mayer.com 10 S & MAYER 777 North Harbor Boulevard Fullerton, CA 985 TEL: (6~441-48 FAX: (66 441-408 Attorneys or Defendant, DeJendant, CTY OF ALHAMB 5 6 7 8 PROOF OF SERVCE RE: PROPOSED] ORDER OF DSMSSAL WTH CONTNUNG JURSDCTON