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
Case 2:03-cv-00060-ROS Document 93

) CASE NO.: CIV03-0060 PHX-ROS ) ) ) DEFENDANTS' SUPPLEMENTAL ) MOTION FOR SUMMARY ) JUDGMENT ) ) ) ) ) ) ) ) ) ) NO.: CIV04-2908 PHX-VAM ) ) ) ) ) ) ) ) )
Filed 01/19/2006 Page 1 of 4

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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 this Court's Order dated January 5, 2006, Defendants, by and

through counsel undersigned, hereby supplement their Motion for Summary Judgment
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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

to include all claims arising out of the alleged assault at Apollo High School. This supplement is based upon the fact that, although the Complaint alleges claims related to Apollo High School, Plaintiffs have since admitted under oath that Plaintiff, Jose Ramirez, was never physically or sexually abused at Apollo. Accordingly, the

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undisputed facts demonstrate that Defendants are entitled to summary judgment as a matter of law. This Motion is supported by the following Memorandum of Points and Authorities and is brought pursuant to Rule 56 of the Federal Rules of Civil Procedure. MEMORANDUM OF POINTS AND AUTHORITIES Plaintiffs' Complaint dated August 30, 2002 alleges that "on or about the middle of October, 2001, minor Plaintiff was physically and sexually assaulted by a fellow student while attending Apollo High School." (SOF at ¶ 1) According to the

Complaint, 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. (SOF at ¶ 2).
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On November 10, 2003, Defendant served a set of Request for Admissions upon Plaintiff Jose Ramirez. (SOF at ¶ 3). On November 19, 2003, Plaintiff Jose Ramirez submitted his answers to Defendants' Requests for Admissions. (SOF at ¶ 4). In those

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answers, Plaintiff Jose Ramirez expressly admitted that he was not physically or sexually abused at Apollo High School. (SOF at ¶ 5). Plaintiffs' admission of this fact directly refutes the allegations of the Complaint and effectively eliminates all of the claims based upon the alleged Apollo incident.

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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

On January 26, 2004, Plaintiffs' counsel submitted a notice regarding discovery and settlement. (SOF at ¶ 6). 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

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the perpetrators had also been transferred to Apollo. . . ." (SOF at ¶ 7). Thus, for the second time, Plaintiffs expressly admitted that the allegation contained in the Complaint regarding an alleged incident at Apollo was simply untrue. Insofar as the undisputed facts show that no physical or sexual assault ever occurred at Apollo High School, all claims based upon that alleged incident should be resolved through summary judgment. Rule 56(c) of the Federal Rules of Civil

Procedure provides that summary judgment shall be granted if the "pleadings, depositions, answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact." In this case, the pleadings combined with the admissions by Plaintiffs and their counsel clearly

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Document 93 - Filed 01/19/2006 -3

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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

demonstrate that there is no triable issue of material fact for a jury to resolve. Accordingly, Defendants are entitled to summary judgment as a matter of law. RESPECTFULLY submitted this 19th day of January, 2006. SANDERS & PARKS, P.C.

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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Document 93 - Filed 01/19/2006 -4

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