SETTLEMENT IMPLEMENTATION AGREEMENT
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SETTLEMENT IMPLEMENTATION AGREEMENT
Poĩted :o Caíiịorrãa Deparừners of Education Wri> sire lữ‘l&''2022SETTLEMENT IMPLEMENTATION AGREEMENTIl is hereby agreed among the Defendants (the Sta SETTLEMENT IMPLEMENTATION AGREEMENTate of California, the State Board of Education, the Superintendent of Public Instruction, and the State Department of Education), the plaintiff class representatives ("Plaintiffs”), and the undersigned Intervenors (the "Settling Intervenors") (collectively, the "Settling Parties") in Williams V. St SETTLEMENT IMPLEMENTATION AGREEMENTate of California, Case Number 312236 in the Superior Court in and for the City and County of San Francisco ("the Action") that:1Promptly after the SeSETTLEMENT IMPLEMENTATION AGREEMENT
ttling Parties execute this Settlement Agreement, Plaintiffs (or, at the State's option, the State and Plaintiffs jointly) shall file a Notice of SettPoĩted :o Caíiịorrãa Deparừners of Education Wri> sire lữ‘l&''2022SETTLEMENT IMPLEMENTATION AGREEMENTIl is hereby agreed among the Defendants (the Sta SETTLEMENT IMPLEMENTATION AGREEMENTre for giving notice to the members of the Plaintiffs' class and seek approval to proceed according to the process established in this Settlement Agreement, including a continued stay of the litigation, pending final court approval. Plaintiffs' counsel shall circulate the Notice of Settlement to the SETTLEMENT IMPLEMENTATION AGREEMENT Settling Parties for their review and comment before the Notice is filed with the Court. Upon execution of this Settlement Agreement, Defendant StateSETTLEMENT IMPLEMENTATION AGREEMENT
of California will file a notice of dismissal without prejudice of its cross-complaint in the Action (the "Cross Complaint").2The Settling Parties agPoĩted :o Caíiịorrãa Deparừners of Education Wri> sire lữ‘l&''2022SETTLEMENT IMPLEMENTATION AGREEMENTIl is hereby agreed among the Defendants (the Sta SETTLEMENT IMPLEMENTATION AGREEMENTment (the "Legislative Proposals") during the current legislative session and, to the extent that goal is not attained, as soon as possible thereafter. Consistent withP0S&Ơ K> CDE iveứ site 10/16/2022this commitment, the Settling Parties also agree that they will not advocate or support any legislat SETTLEMENT IMPLEMENTATION AGREEMENTive measures relating to the Legislature’s consideration of the proposed legislation to implement the settlement which do not substantially conform toSETTLEMENT IMPLEMENTATION AGREEMENT
the Legislative Proposals. A legislative measure does not "Substantially Conform" to the Legislative Proposals if it: (1) is inconsistent with the laPoĩted :o Caíiịorrãa Deparừners of Education Wri> sire lữ‘l&''2022SETTLEMENT IMPLEMENTATION AGREEMENTIl is hereby agreed among the Defendants (the Sta SETTLEMENT IMPLEMENTATION AGREEMENTodifications that add significant costs or cost pressures.3No later than October 15, 2004, Plaintiffs shall notify the Defendants and the Settling Intervenors whether they agree that the legislation that has been enacted by the Legislature in 2004 and signed by the Governor (the "2004 Legislation") SETTLEMENT IMPLEMENTATION AGREEMENTSubstantially Conforms to the Legislative Proposals, which agreement shall not unreasonably be withheld. If Plaintiffs agree that the 2004 LegislationSETTLEMENT IMPLEMENTATION AGREEMENT
Substantially Conforms, they shall promptly submit a motion for final approval of the settlement and dismissal of the Action as provided in this SettPoĩted :o Caíiịorrãa Deparừners of Education Wri> sire lữ‘l&''2022SETTLEMENT IMPLEMENTATION AGREEMENTIl is hereby agreed among the Defendants (the Sta SETTLEMENT IMPLEMENTATION AGREEMENTion, or any of the Settling Intervenors believe that the 2004 Legislation does not Substantially Conform to the Legislative Proposals, they shall engage in consultation (as described in paragraph 7 below), giving written notice to all Settling Parties of the alleged deficiencies and providing the St SETTLEMENT IMPLEMENTATION AGREEMENTate with an opportunity to cure any alleged shortcoming by any means available, including fiscal, programmatic, or administrative solutions. The StateSETTLEMENT IMPLEMENTATION AGREEMENT
may give notice of the intention to seek enactment of lhe substance of the Legislative Proposals during the 2005 legislative session: and if so. PlaiPoĩted :o Caíiịorrãa Deparừners of Education Wri> sire lữ‘l&''2022SETTLEMENT IMPLEMENTATION AGREEMENTIl is hereby agreed among the Defendants (the Sta SETTLEMENT IMPLEMENTATION AGREEMENTucation Vteb site 10'18/20222It Plaintiffs, the Sidle Board of Education, the Superintendent of Public Instruction, or any of the Settling intervenors contend that what has been enacted during the 2Ơ05 legislative session (lhe "2005 Legislation") does not substantially conform Io lhe legislative Pro SETTLEMENT IMPLEMENTATION AGREEMENTposals then, after consultation, they may apply to rite Court for leave to withdraw from the SettlementAgreement based on d showing of substantial andSETTLEMENT IMPLEMENTATION AGREEMENT
material differences between the 2004 Lcgislation/2005 Legislation and the Legislative Proposals.5In the event the Court grants final approval of thePoĩted :o Caíiịorrãa Deparừners of Education Wri> sire lữ‘l&''2022SETTLEMENT IMPLEMENTATION AGREEMENTIl is hereby agreed among the Defendants (the Sta SETTLEMENT IMPLEMENTATION AGREEMENT), members of the Plaintiffs' class shall be hound by the separate Covenant Not To Sue which is, by this reference, incorporated into and made a pan of this Settlement Agreement.b.Defendant State of California will file a notice of dismissal with prejudice of the Cross Complaint.c.The Settling Inter SETTLEMENT IMPLEMENTATION AGREEMENTvenors will file notices of dismissal without prejudice of their complaints in intervention in the Action.d.As consideration for the Settling Panics'SETTLEMENT IMPLEMENTATION AGREEMENT
execution of this Agreement, there shall be no application lor an award of attorneys' lees or costs to be paid by any party; except as provided in tirPoĩted :o Caíiịorrãa Deparừners of Education Wri> sire lữ‘l&''2022SETTLEMENT IMPLEMENTATION AGREEMENTIl is hereby agreed among the Defendants (the Sta SETTLEMENT IMPLEMENTATION AGREEMENTes or costs related to or arising from tire Action.6Any dismissal and any c ovenant not to sue that applies to members of the Plaintiff class shall be subject to Court review pursuant to Cal. Civ. Proc. §581(k). In the event of disapproval by the Court al any stage of such proc eedings, the Settling SETTLEMENT IMPLEMENTATION AGREEMENT PartiesSeraement implementation AgreementPosted to owmnw Oeparrmenr OfEducation Website lũ'18/20223shall meet and confer in the attempt to correct anSETTLEMENT IMPLEMENTATION AGREEMENT
y deficiencies. This Settlement Agreement shall not be enforceable after a final order declining to approve the settlement.7Plaintiffs, Defendants andPoĩted :o Caíiịorrãa Deparừners of Education Wri> sire lữ‘l&''2022SETTLEMENT IMPLEMENTATION AGREEMENTIl is hereby agreed among the Defendants (the Sta SETTLEMENT IMPLEMENTATION AGREEMENTetter or spirit of this Settlement Agreement. This duty of consultation shall apply to any party who applies to the Court to withdraw from or modify the settlement, for relief from a covenant not to sue, or for any order in connection with the settlement.8Nothing in this Settlement Agreement and no SETTLEMENT IMPLEMENTATION AGREEMENTaction taken by any Settling Party in the course of the negotiation of this Settlement Agreement and its attachments, or the drafting of and lobbyingSETTLEMENT IMPLEMENTATION AGREEMENT
for the Legislative Proposals, the 2004 Legislation or the 2005 Legislation shall waive or be construed as a waiver of any party's claim for reimbursePoĩted :o Caíiịorrãa Deparừners of Education Wri> sire lữ‘l&''2022SETTLEMENT IMPLEMENTATION AGREEMENTIl is hereby agreed among the Defendants (the Sta SETTLEMENT IMPLEMENTATION AGREEMENTxpressly reserve their rights to seek reimbursement for any state mandate pursuant to Cal. Const. Art. 13B § 6 and all implementing statutes.9Requests by defendants or Settling Intervenors for funding to meet workload is consistent with this agreement and shall not be a breach of the covenant to sup SETTLEMENT IMPLEMENTATION AGREEMENTport legislation. A request by any Settling Party to clarify a proposal is not inconsistent with this commitment.10Except where specifically so notedSETTLEMENT IMPLEMENTATION AGREEMENT
in this Settlement Agreement, the defendants take no position regarding the plaintiffs’ contentions in this suit or regarding the ultimate conclusionsPoĩted :o Caíiịorrãa Deparừners of Education Wri> sire lữ‘l&''2022SETTLEMENT IMPLEMENTATION AGREEMENTIl is hereby agreed among the Defendants (the Sta SETTLEMENT IMPLEMENTATION AGREEMENTia Code of Civil Procedure § 583.330, the Settling Parties stipulate to waive the right to dismissal of this action if it has neither been resolved nor proceeded to trial by May 17, 2005, five years from the date of the commencement of this litigation.Dated: August 12, 2004DEFENDANT THE STATE OF CAL SETTLEMENT IMPLEMENTATION AGREEMENTIFORNIABy:______________________________Poĩted :o Caíiịorrãa Deparừners of Education Wri> sire lữ‘l&''2022SETTLEMENT IMPLEMENTATION AGREEMENTIl is hereby agreed among the Defendants (the StaGọi ngay
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