Free Reply to Response to Motion - 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 104

) CASE NO.: CIV03-0060 PHX-ROS ) ) ) REPLY IN SUPPORT OF ) DEFENDANTS' SUPPLEMENTAL ) MOTION FOR SUMMARY ) JUDGMENT ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )
Filed 02/09/2006 Page 1 of 3

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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. ) ___________________________________ ) Defendants, by and through counsel undersigned, hereby supplement their Reply

in Support of Defendants' Supplemental Motion for Summary Judgment. The only
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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

purpose of Defendants' supplemental motion was to clarify that their earlier Motion for Summary Judgment was intended to include all claims arising out of the alleged assault at Apollo High School. Plaintiffs have repeatedly admitted that, despite what it says in their Complaint, Plaintiff, Jose Ramirez, was never physically or sexually abused at

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Apollo. Plaintiffs' Response to Defendants' Supplemental Motion for Summary Judgment is confusing at best. On the one hand, Plaintiffs admit that, "As of November 13, 2003, Plaintiffs formally stated that Plaintiff Jose Ramirez had not been physically abused while attending Apollo High School." Then, Plaintiffs inexplicably describe some interaction between Plaintiffs' counsel and original defense counsel that has absolutely no bearing on the pending Motion. As stated above, the only issue pending is whether or not Plaintiffs continue to assert a claim stemming from a physical or sexual assault at Apollo High School. The evidence on that point is absolutely undisputed. In fact, Plaintiffs' January 20, 2006 Supplement to its Response to Motion for Summary Judgment (i.e., the status report
Case 2:03-cv-00060-ROS Document 104 -2 Filed 02/09/2006 Page 2 of 3

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requested by this Court's January 5, 2006 Order) admits that "With regard to any claim against Apollo High School, the parties previously agreed that the Apollo claim would be dismissed. . . There never was a second assault. Plaintiffs' counsel and former

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defense counsel had agreed this was not a claim." In light of these admissions, this Court should grant summary judgment in Defendants' favor on all claims related to Apollo High School, notwithstanding the confusing and irrelevant statements set forth in Plaintiffs' Response.

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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

RESPECTFULLY submitted this 9th day of February, 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 February 9, 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 February 10, 2006, to the Honorable Roslyn O. Silver. s/ J. Steven Sparks

Case 2:03-cv-00060-ROS

Document 104 -3

Filed 02/09/2006

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