Free Response to Motion - District Court of Arizona - Arizona

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EDWARD D. FITZHUGH P.O. Box 24238 Tempe, Arizona 85285-4238 (480) 752-2200 Bar No. 007138 Attorney for Plaintiffs IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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vs. Joe Ramirez and Ana Ramirez, Individually and as Parents and Legal Guardians of Jose Ramirez; Plaintiffs, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) No. CIV03-0060 PHX-ROS

PLAINTIFFS' RESPONSE TO DEFENDANTS' SUPPLEMENTAL MOTION FOR SUMMARY JUDGMENT

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Glendale Union High School District No. 205; John Doe and Jane Doe I-X; ABC Corporations I-X; and XYZ Partnerships I-X, Defendants.

(Assigned to the Honorable Roslyn O. Silver)

COME NOW Plaintiffs and submit their response to Defendants' Supplemental

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Motion for Summary Judgment.

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As of November 13, 2003, Plaintiffs formally stated that Plaintiff Jose Ramirez had

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not been physically abused while attending Apollo High School. Even prior to that time,

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Plaintiffs' counsel had informed original defense counsel that Jose had not been assaulted

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at Apollo, but that, while at Apollo, Jose became agitated when he saw one of the boys

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involved in the earlier assault at Cortez High School. During the discussion between

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counsel, former defense counsel agreed to research whether any of the boys involved in

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the assault on Jose had been transferred to Apollo High School. Defendants never

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responded.

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RESPECTFULLY SUBMITTED this 3rd day of February, 2006.

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Case 2:03-cv-00060-ROS
/s/ Edward D. Fitzhugh Edward D. Fitzhugh Attorney for Plaintiffs

Document 99

Filed 02/03/2006

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I hereby certify that on February 3, 2006, I electronically transmitted the foregoing to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: J. Steven Sparks, Esq. Sanders & Parks, P.C. 3030 N. Third Street, Ste. 1300 Phoenix, Arizona 85012-3099 Attorneys for Defendants ___/s/S.J. Odneal____

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Case 2:03-cv-00060-ROS

2 Document 99

Filed 02/03/2006

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