NORRIS v. CAPE ELIZABETH SCHOOL DISTRICT

D. Maine

NORRIS v. CAPE ELIZABETH SCHOOL DISTRICT

DecidedOctober 2, 2020

Docket2:19-cv-00466

StatusUnknown

This text of NORRIS v. CAPE ELIZABETH SCHOOL DISTRICT (NORRIS v. CAPE ELIZABETH SCHOOL DISTRICT) is published on Counsel Stack Legal Research, covering District Court, D. Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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NORRIS v. CAPE ELIZABETH SCHOOL DISTRICT, (D. Me. 2020).

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Opinion

UNITED STATES DISTRICT COURT

DISTRICT OF MAINE

A.M., a minor, by and through ) her mother, SHAEL NORRIS, ) ) Plaintiff, ) ) v. ) Case No. 2:19-cv-00466-LEW ) CAPE ELIZABETH SCHOOL ) DISTRICT, et al., ) ) Defendants, )

ORDER APPROVING MINOR SETTLEMENT Before the Court is Plaintiff’s Consent Motion for Approval of Minor Settlement. (Motion, ECF No. 35). Defendants have been consulted and support the motion. Local Rule 41.2 requires court approval for any settlement of a minor child’s claim. To approve a settlement of a minor’s claim, the Court “must review the terms of the compromise and settlement and assure itself that the settlement is fair, reasonable and in the best interests of the minor.” Corey v. Corey, 803 A.2d 1014, 1016-17 (Me. 2002) (quoting and approving Holbrook v. Anderson Corp., 756 F. Supp. 34, 38 (D. Me. 1991)). I have reviewed the documents filed by the Plaintiff and find that the terms and conditions of the settlement, as set forth in the Plaintiff’s motion, to be fair, reasonable, and in the best interest of the minor child. I approve the settlement set forth in the motion. Shael Norris is authorized to sign the proposed documents that are necessary to conclude the settlement. As the Plaintiff points out in her motion, this case does not involve monetary damages. The complaint sought declaratory and injunctive relief, not compensatory or

punitive damages. Therefore, Rule 41.2’s provisions regarding management and payment of funds are not applicable here. Within 30 days of this Order, Plaintiff shall file with the Court an affidavit verifying that any and all discipline connected to the underlying events in this case has been expunged from the A.M.’s records. I will dismiss the case with prejudice upon receipt of the Plaintiff’s affidavit.

Plaintiff’s Motion for Approval of Minor Settlement (ECF No. 35) is GRANTED.

SO ORDERED.

Dated this 2nd day of October, 2020.

/s/ Lance E. Walker UNITED STATES DISTRICT JUDGE

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UNITED STATES DISTRICT COURT

DISTRICT OF MAINE

A.M., a minor, by and through ) her mother, SHAEL NORRIS, ) ) Plaintiff, ) ) v. ) Case No. 2:19-cv-00466-LEW ) CAPE ELIZABETH SCHOOL ) DISTRICT, et al., ) ) Defendants, )

ORDER APPROVING MINOR SETTLEMENT Before the Court is Plaintiff’s Consent Motion for Approval of Minor Settlement. (Motion, ECF No. 35). Defendants have been consulted and support the motion. Local Rule 41.2 requires court approval for any settlement of a minor child’s claim. To approve a settlement of a minor’s claim, the Court “must review the terms of the compromise and settlement and assure itself that the settlement is fair, reasonable and in the best interests of the minor.” Corey v. Corey, 803 A.2d 1014, 1016-17 (Me. 2002) (quoting and approving Holbrook v. Anderson Corp., 756 F. Supp. 34, 38 (D. Me. 1991)). I have reviewed the documents filed by the Plaintiff and find that the terms and conditions of the settlement, as set forth in the Plaintiff’s motion, to be fair, reasonable, and in the best interest of the minor child. I approve the settlement set forth in the motion. Shael Norris is authorized to sign the proposed documents that are necessary to conclude the settlement. As the Plaintiff points out in her motion, this case does not involve monetary damages. The complaint sought declaratory and injunctive relief, not compensatory or

punitive damages. Therefore, Rule 41.2’s provisions regarding management and payment of funds are not applicable here. Within 30 days of this Order, Plaintiff shall file with the Court an affidavit verifying that any and all discipline connected to the underlying events in this case has been expunged from the A.M.’s records. I will dismiss the case with prejudice upon receipt of the Plaintiff’s affidavit.

Plaintiff’s Motion for Approval of Minor Settlement (ECF No. 35) is GRANTED.

SO ORDERED.

Dated this 2nd day of October, 2020.

/s/ Lance E. Walker UNITED STATES DISTRICT JUDGE

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