Free Objection - 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 OBJECTION TO FORM OF 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 object to Defendants' proposed form of judgment.

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Plaintiffs filed two separate causes of action. First, a cause of action for failure to

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protect Plaintiff; and then, second, a separate and distinct cause of action regarding the

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failure of Plaintiff's teachers, who learned of the assault, to report it to the proper

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authorities. As stated in the second cause of action, the teachers' failure to act violated

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state reporting laws1 and exacerbated Plaintiff's injuries, because the assault was not

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disclosed until months later.

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Defendants' Motion for Summary Judgment deals only with the first of Plaintiffs'

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claims. The second claim is distinct and stands on its own.

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Case 2:03-cv-00060-ROS Document 137 1 A.R.S. Sec. 13-3920 Filed 10/11/2006 Page 1 of 2

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WHEREFORE, Plaintiff respectfully requests the Court reject Defendants' proposed form of judgment as not reflective of the issues raised in the Motion for Summary Judgment. RESPECTFULLY SUBMITTED this 11th day of October, 2006. /s/ Edward D. Fitzhugh Edward D. Fitzhugh Attorney for Plaintiffs

I hereby certify that on October 11, 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 Document 137 Filed 10/11/2006 Page 2 of 2