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A.B. v. Independent School District No 1 of Noble County

United States District Court, W.D. Oklahoma

June 5, 2019

A.B., a minor, by and through her mother and next friend, MELISSA S. COOPER, Plaintiff,
v.
INDEPENDENT SCHOOL DISTRICT NO. 1 OF NOBLE COUNTY, OKLAHOMA and ARNOLD CALVERT CO WEN, Defendants.

          Richard S. Toon, Jr. Andrew G. Wakeman, Toon Law Firm, Pllc Attorneys for Plaintiff

          John E. Priddy, Jerry A. Richardson, Staci L. Roberds, Rosenstein Fist & Ringold Attorneys for School District

          ORDER APPROVING SETTLEMENT AGREEMENT WITH A MINOR

          SCOTT L. PALK UNITED STATES DISTRICT JUDGE.

         On the 5th day of June, 2019, the above-captioned case came on for hearing before me, the undersigned judge.

         Plaintiff, A.B., a minor, by and through her mother and next friend, Melissa S. Cooper, appeared by their attorney Richard S. Toon, Jr. Defendant Independent School District No. 1 of Noble County, Oklahoma, commonly known as the Perry Public Schools ("School District"), appeared by its attorney John E. Priddy of Rosenstein, Fist & Ringold.

         The court, having reviewed the parties' pleadings and filings and having heard the testimony and evidence of the parties, finds as follows:

         1. The plaintiff, A.B., a minor, by and through her mother and next friend, Melissa S. Cooper, assert a claim for damages against the School District for alleged violation of Title IX of the Education Amendments of 1972, 42 U.S.C. §1983, and various state law tort claims.[1]

         2. On May 7, 2018, this action was filed in the United States District Court for the Western District of Oklahoma, No. CIV-18-440-SLP.

         3. Without admitting liability for any reason and solely to conclude the dispute between the parties and to minimize the risks and costs of litigation, the parties have agreed to settle all claims that the plaintiffs now have, or may have ever had, against the School District for the sum of THREE HUNDRED FIFTEEN THOUSAND and NO/100 DOLLARS ($315, 000.00). A copy of the Release and Settlement Agreement executed by plaintiff was filed in the record at [Doc. No. 45-1] and is incorporated herein as if set out in full.

         4. The plaintiff proposes that the settlement proceeds in this case should be distributed as follows:

Distributee

Amount

1. Met Life Assignment Company, Inc., rated Aﰅ by AM Best

$150, 434.62

2. Toon Law Firm, PLLC

$164.565.38

Total:

$315.000.00

         5. The amount to be structured for the benefit of minor A.B., after the payment of costs and attorney's fees, will be $150, 434.62. Pursuant to Okla. Stat. tit. 12, § 83, Defendant will fund the annuity which provides the future periodic payments, the cost of which is $150, 434.62 pursuant to the Qualified Assignment and Release Agreement. The Assignee will be MetLife Assignment Company, Inc.

         6. The parties have also agreed to pay their own attorney's fees and costs in this action.

         7. The parties believe the settlement is fair, equitable, and in the best interest of minor A.B. Each of the parties represents to the court that this settlement was entered into free from duress or coercion by any of the parties and that all of the parties have decided to settle this case after consulting ...


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