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Roe v. Gustine Unified School Dist.

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


December 30, 2009

JOHN ROE, MINOR, BY AND THROUGH HIS GUARDIAN AD LITEM, SHEILA IRENE CALLAHAN, PLAINTIFF,
v.
GUSTINE UNIFIED SCHOOL DISTRICT; GOLDEN VALLEY UNIFIED SCHOOL DISTRICT; KYLE MATTHEW FISCHER, AKA KYLE SIMMONS, A MINOR; MICHAEL FISCHER, AKA MICHAEL SIMMONS, A MINOR; KELLY SIMMONS; JASON SIMMONS; MATTHEW MCKIMMIE A MINOR; MYRNA TYNDAL; TOMMY SAN FELIPO, A MINOR; FRANK HUDSON; BETTY HUDSON; CARL SCUDDER; JASON SPAULDING; ANTHONY SOUZA; ADAM CANO; TIMOTHY HAYES; KULJEEP MANN; CHRIS IMPERATRICE, AND DOES 1- 200, DEFENDANTS.

The opinion of the court was delivered by: Oliver W. Wanger United States Senior District Court Judge

DATE: DECEMBER 30, 2009

COURTROOM: 3

ORDER GRANTING MOTION DETERMINING GOOD FAITH SETTLEMENT AND DISMISSING IMPLIED INDEMNITY CROSS-CLAIMS AND RELATED CROSS-ACTIONS.

The above matter came on for hearing on December 30, 2010, in the above court, on the motion of defendants and cross-defendants GOLDEN VALLEY UNIFIED SCHOOL DISTRICT, TIMOTHY HAYES, KULJEET MANN AND CHRIS IMPERATRICE for an order determining that their settlement with plaintiff is a good faith settlement pursuant to Code of Civil Procedure §877.6 and for an order dismissing all cross-claims for implied indemnity.

Upon consideration of all pleadings filed, the declaration of Paul Auchard in support of the motion, and good cause appearing:

IT IS ORDERED that the motion is granted, that the settlement is determined to be a good faith settlement pursuant to Code of Civil Procedure section 877.6, and that the cross-claims filed by cross-complainants 1) Gustine Unified School District, Jason Spalding, Anthony Souza and Adam Cano; 2) Carl Scudder; and 3) Kyle Simmons, Michael Simmons, Jason Simmons and Kelly Simmons, for implied indemnity shall be, and hereby are, dismissed.

20091230

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