-FMO Casey A. et al v. Darline P. Robles et al, No. 2:2010cv00192 - Document 98 (C.D. Cal. 2011)
Court Description: ORDER AND FINAL JUDGMENT by Judge George H. King: The Court FINDS that the Settlement Agreement on file with this Court at Docket #55 and filed under seal at Docket #59 ("Settlement Agreement"), including the Detailed Plans (incorporated by reference to the Settlement Agreement) and on file with this Court at Docket # 60, Exhibit F & G, which was preliminarily approved by the Court on March 16, 2011 is fair, adequate, and reasonable and GRANTS the Motion. The Court FINDS that a payment of attorneys' fees and costs by Defendants to Class Counsel for the Plaintiff Class in the amount of $325,000.00 is fair and reasonable and awards such fees and costs. The Court FINDS that certification of the settlement class, defined as "All youth who were detained at Challenger ~orial Youth Center at any point between January 12, 2008 and November 8,2010, pursuant to Federal Rule of Civil Procedure 23(b)(2), is appropriate and certifies the class. The Court has reviewed the fu lly executed copy of the Settlement Agreement on file with the Court and FINDS that all parties to the Settlement Agreement have executed it in their own name. The Court shall have CONTINUING JURISDICTION to enforce the terms of the Settlement Agreement as specified therein (See document for specific details) (MD JS-6, Case Terminated). (ir)
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-FMO Casey A. et al v. Darline P. Robles et al Doc. 98 FILED CLEi'll<. US DISTRICT caUR 1 MARK D. ROSENBAUM (SBN 59940) (mrosenbaum@aclu-sc.org) 2 DAVID B. SA'PP (SBN264464) (dsapR@aclu-sc.org) 3 ACLU'FOUNDArrON OF SOUTHERN CALIFORNIA 4 1313 W. 8th Street Los Angeles, CA 90017 . 5 Telephone: (213) 977-5220 Facsunile: (213) 417-2220 6 7 HERNAN VERA (SBN 175149) (hvera@p.ubliccounsel.org) LAURA-PAER (SBN 223846) 8 (lfaer@PublicCOUnSe1.Qrg~ BENJAMIN CONWAy-j SBN 246410) .org) :PUBLIC COUNSEL 10 610 South Ardmore Avenue Los Angeles, CA90005 11 Telephone: (213) 385-2977 FacsImile: (213) 385-9089 9 (bconw~y~]Jubliccounse 1 M 232011 , PAULA D. PEARLMAN (SBN 109038) (paul?-.p~arlman@lls.edu) SHAWNA L. pARKS (SEN 208301) (shawna. P£t~k~@lls.edu) SURISAlUVERS (CA SBN 250868) (surisa.rivers@l1s.edu) DrSABILITYRIGHTSLEGALCENTER 919 Albany Street Los Angeles, CA 90015 Telephone: (213) 736-8366 Facsmri1e: (213) 487-2106 12 (Additional counsel listed on next page) 13 14 Attorneys for Plaintiffs UNITED STATES DISTRICT COURT· 15 FOR THE CENTRAL DISTRICT OF CALIFORNIA 16 17 18 CASEY A.; CARL C.; and MIGUEL B., by and throu~ L.L. on behalf of tliemselves and all those similarly situated, Plaintiffs, 19 20 vs. Case No. CV 10-00192 GHK (FMOx) (pt:oposedt'Order and Final Judgment Date: Time: Court: May 23, 2011 9:30 650, Roybal JON R. GUNDRY, in his official capacity, Interim Superintendent, Los 22 Angeles County Office of Education; WILLIAM ELKINS, in his official 23 capacity, Director, Los Angeles County Office of Education Division of Juvemle 24 Court Schools; JESUS CORRAL, in his official capacity, Principal, Los Angeles 25 County Office of Education Challenger Center School; and LOS ANGELES 26 COUNTY PROBATION DEPARTMENT, 21 27 28 Defendants. Dockets.Justia.com 1 2 DENNIS D. PARKER gparker~aClu.org) 2 Pro Hac Vice) AURENCE M. SCHWARTZTOL 3 ~SChwartztol~aclu.org) Pro Hac Vice 4 MERICAN IVIL LIBERTIES UNION FOUNDATION NATIONAL LEGAL DEPARTMENT 125 Broad Street", 18th Floor New Yodc, NY1u004 6 Telephone: (212) 549-2500 FacsImile: (212) 549-2654 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 [PJWPOSEi}]FINAL APPROVAL ORDER AND JUDGMENT 2 The Court has considered the Notice of Motion and Motion for Final Approval 3 of Class Action Settlement Agreement and Memorandum or Points and Authorities in 4 Support Thereof (" Motion submitted by Plaintiffs Casey A., Carl C., and Miguel U ) 5 B., by and through L.L., individually and on behalf of a class of similarly situated 6 individuals (collectively the "Plaintiff Class"), and Defendants Jon R. Gundry, in his 7 official capacity as Interim Superintendent, Los Angeles County Office of Education; 8 William Elkins in his official capacity as Director, Los Angeles County Office of 9 Education Division of Juvenile COUli Schools; Jesus Corral, in his official capacity as 10 Principal, Los Angeles County Office of Education Challenger Center School; and 11 12 Los Angeles County Probation Department (collectively, "Defendants"): 1. The Court FINDS that the Settlement Agreement on file with this 13 Court at Docket #55 and filed under seal at Docket #59 ("Settlement Agreement"), 14 including the Detailed Plans (incorporated ~ rh~t:t:ence t7Jhe Settlement Agreement 15 and on file with this Court at Docket #60, ¥Wlit. 'k 16 preliminarily approved by the Court on March which was L 2011 is fair, adequate, and 17 reasonable and GRANTS the Motion. 18 2. The Court FINDS that a payment of attorneys' fees and costs by 19 Defendants1:o Class Counsel for the PlaintiffClass in the amount of$325,000.00 is 20 fair and reasonable and awards such fees and costs. 21 3. The Court FINDS that certification of the settlement class, defined 22 as "All youth who were detained at Challenger ~orial Youth Center at any point 23 between January 12, 2008 and November 8,2010, pursuant to Federal Rule of Civil 24 Procedure~RG1u.a11l(i;le 23(b)(2), is appropriate and certifies the class. 25 4. The Court has reviewed the fully executed copy of the Settlement 26 Agreement on file with the Court and FINDS that all parties to the Settlement 27 Agreement have executed it in their own name. 28 1 10 V-- , t 1 " 5. 2 3 4 5 Settlement Agreement and all documents incorporated by reference, including but not limited to the Action Plan and Detailed Plans, and ORDERS that the terms of the Settlement Agreement, except for the term "Class Representative" in paragraph 82, which applies only to Class Members, be given full force and effect. 6 7 8 9 10 11 12 13 The Court INCORPORATES HEREIN the terms of the 6. The Court further ORDERS that, in accordance with its terms, the Settlement Agreement shall be effective as ofNovember 8, 2010 and will continue as specified in the Settlement Agreement for a minimum offour years after the date of this Court's final approval Order, unless paragraph 78 of the Settlement Agreement is satisfied. 7. The Court shall have CONTINUING JURISDICTION to enforce the terms of the Settlement Agreement as specified therein. IT IS SO ORDERED. 14 I Han. George H. King United States District J dge 2
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