United States District Court, W.D. Oklahoma
A.B., a minor, by and through her mother and next friend, MELISSA S. COOPER, Plaintiff,
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
E. Priddy, Jerry A. Richardson, Staci L. Roberds, Rosenstein
Fist & Ringold Attorneys for School District
ORDER APPROVING SETTLEMENT AGREEMENT WITH A
L. PALK UNITED STATES DISTRICT JUDGE.
5th day of June, 2019, the above-captioned case
came on for hearing before me, the undersigned judge.
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.
court, having reviewed the parties' pleadings and filings
and having heard the testimony and evidence of the parties,
finds as follows:
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.
May 7, 2018, this action was filed in the United States
District Court for the Western District of Oklahoma, No.
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.
plaintiff proposes that the settlement proceeds in this case
should be distributed as follows:
1. Met Life Assignment Company, Inc., rated Aﰅ
by AM Best
2. Toon Law Firm, PLLC
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.
parties have also agreed to pay their own attorney's fees
and costs in this action.
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