Free Motion for Summary Judgment - District Court of Arizona - Arizona

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LAW OFFICES SANDERS & PARKS, P.C. 1300 ABACUS TOWERS 3030 NORTH THIRD STREET PHOENIX, ARIZONA 85012-3099 TELEPHONE (602) 532-5600 FACSIMILE (602) 532-5700

J. Steven Sparks (State Bar No. 015561) SANDERS & PARKS, P.C. 3030 North Third Street, Suite 1300 Phoenix, Arizona 85012-3099 Telephone: (602) 532-5769 Fax: (602) 230-5051 [email protected] Attorneys for Defendants GLENDALE UNION HIGH SCHOOL DISTRICT NO. 205, TANYA SOTO, STEVE SOTO, ANNIE PRESTON, KEITH PRESTON, CLAY KLAVITTER and JILL KLAVITTER UNITED STATED DISTRICT COURT IN AND FOR THE DISTRICT OF ARIZONA

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JOE RAMIREZ and ANA RAMIREZ, Individually and as Parents and Legal Guardians of JOSE RAMIREZ, Plaintiffs,

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vs. GLENDALE UNION HIGH SCHOOL DISTRICT NO. 205; JOHN DOE AND JANE DOE I-X; ABC CORPORATIONS I-X; and XYZ PARTNERSHIPS I-X, Defendants. __________________________________ JOE RAMIREZ and ANA RAMIREZ, Individually and as Parents and Legal Guardians of JOSE RAMIREZ, Plaintiffs, vs. GLENDALE UNION HIGH SCHOOL DISTRICT NO. 205; TANYA SOTO and
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) CASE NO.: CIV03-0060 PHX-ROS ) ) ) DEFENDANTS' STATEMENT OF ) FACTS IN SUPPORT OF ) SUPPLEMENTAL MOTION FOR ) SUMMARY JUDGMENT ) ) ) ) ) ) ) ) ) ) NO.: CIV04-2908 PHX-VAM ) ) ) ) ) ) ) )
Filed 01/19/2006 Page 1 of 3

Case 2:03-cv-00060-ROS

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JOHN DOE SOTO; ANNIE PRESTON and JOHN DOE PRESTON; CLAY KLAVITTER and JANE DOE KLAVITTER; JOHN DOE AND JANE DOE I-X; ABC CORPORATIONS I-X; and XYZ PARTNERSHIPS I-X,

) ) ) ) ) ) ) Defendants. ) ___________________________________ ) Pursuant to Fed. R. Civ. P. 56(c), Defendants Glendale Union High School

District No. 205, Tanya Soto, Steve Soto, Annie Preston, Keith Preston, Clay Klavitter
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LAW OFFICES SANDERS & PARKS, P.C. 1300 ABACUS TOWERS 3030 NORTH THIRD STREET PHOENIX, ARIZONA 85012-3099 TELEPHONE (602) 532-5600 FACSIMILE (602) 532-5700

and Jill Klavitter ("the District") hereby submit their Statement of Facts in support of Supplemental Motion for Summary Judgment. 1. Plaintiffs' Complaint dated August 30, 2002 alleges that "on or about the

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middle of October, 2001, minor Plaintiff was physically and sexually assaulted by a
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fellow student while attending Apollo High School." (Plaintiffs' Complaint at ¶ 12.) 2. The alleged assault at Apollo High School caused Plaintiffs to suffer

injury and all of the claims set forth in the Complaint are based in part upon the alleged Apollo incident. (Plaintiffs' Complaint). 3. On November 10, 2003, Defendant served a set of Request for

Admissions upon Plaintiff Jose Ramirez. (Defendants' Requests for Admissions to Jose Ramirez dated November 10, 2003, attached hereto as Exhibit "A"). 4. On November 19, 2003, Plaintiff Jose Ramirez submitted his answers to

Defendants' Requests for Admissions. (Plaintiff Jose Ramirez' Answers to Request for Admissions dated November 19, 2004, attached hereto as Exhibit "B").

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5.

In those answers, Plaintiff Jose Ramirez expressly admitted that he was

not physically or sexually abused at Apollo High School. (Exhibit "B"). 6. On January 26, 2004, Plaintiffs' counsel submitted a notice regarding

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discovery and settlement. (See Notice dated January 26, 2004). 7. In that notice, Plaintiffs' counsel noted the following: "[Plaintiff Jose]

informed its expert that he had not been assaulted at Apollo High School, but instead had become agitated when, at a student assembly, he saw that one of the perpetrators

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LAW OFFICES SANDERS & PARKS, P.C. 1300 ABACUS TOWERS 3030 NORTH THIRD STREET PHOENIX, ARIZONA 85012-3099 TELEPHONE (602) 532-5600 FACSIMILE (602) 532-5700

had also been transferred to Apollo. . . ." (See Notice dated January 26, 2004.) RESPECTFULLY submitted this 19th day of January, 2006. SANDERS & PARKS, P.C.

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By: s/J. Steven Sparks J. Steven Sparks 3030 N. Third Street, Suite 1300 Phoenix, Arizona 85012-3099 Attorneys for Defendants Glendale Union High School District No. 205 I hereby certify that on January 19th, 2006, I electronically transmitted the foregoing document to the Clerk's office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following EM/ECF Registrants: [email protected] Attorneys for Plaintiffs To be hand-delivered as a courtesy hard copy on January 19th, 2006, to the Honorable Roslyn O. Silver. s/ J. Steven Sparks

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