Estate of Meagan Hockaday et al v. City of Oxnard et al

Filing 71

REDACTED FINAL JUDGMENT by Judge John A. Kronstadt. See Judgment for specifics. (MD JS-6, Case Terminated). (ah)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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ESTATE OF MEAGAN
HOCKADAY, LUIS MORADO, as
Guardian Ad Litem for minors
N.M.M., Z.G.M., and M.H.M.,
individually, and as Successors in
Interest to MEAGAN HOCKADAY
deceased, MONIQUE TRENAE
WALLACE, individually,
Plaintiffs,

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vs.
THE CITY OF OXNARD;
OFFICER ROGER GARCIA, and
DOES 1-10, Inclusive,
Defendants.

) CASE NO.: 16-cv-02145-JAK-GJS
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) REDACTED FINAL JUDGMENT
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) JS-6
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FINAL JUDGMENT AS TO DEFENDANT CITY OF OXNARD

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Plaintiffs N.M.M, Z.G.M and M.H.M. by and through their Guardian Ad

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Litem Luis Morado and Monique Wallace, filed a First Amended Complaint and

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Defendant City of Oxnard having entered a general appearance; consented to the

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Court’s jurisdiction over Defendant and the subject matter of this action; consented

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to entry of this Final Judgment without admitting or denying the allegations of the

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Complaint (except as to jurisdiction); waived findings of fact and conclusions of
law and waived any right to appeal from this Final Judgment:

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(1.)

On May 1, 2017 the Parties arrived at the general parameters of the

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Settlement. An Unopposed Petition for Compromise of Minor’s Claims was filed
on June 1, 2017. On September 12, 2017, the Court granted Plaintiff minors’
Petition.
(2.)

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The Parties agreed to settle this entire action for $735,000 as to all

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Plaintiffs. A total of $635,000 will be distributed evenly ($211,666.67) to each

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minor (minus attorneys’ fees and costs). $100,000 would be paid to Monique

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Wallace and her attorneys within thirty (30) days of entry of the Final Judgment.
(3.)

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Defendant shall make a payment in the amount of $152,083.33

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payable to Pacific Life & Annuity Services for the benefit of minor N.M.M within

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thirty (30) days of entry of the Final Judgment.

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(4.)

Defendant shall make a payment in the amount of $152,083.33

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payable to Pacific Life & Annuity Services for the benefit of minor Z.G.M within

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thirty (30) days of entry of the Final Judgment.

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(5.)

Defendant shall make a payment in the amount of $152,083.33

payable to Pacific Life & Annuity Services for the benefit of minor M.H.M within
thirty (30) days of entry of the Final Judgment.
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(6.)

Defendant shall make a payment in the amount of $20,000.00

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payable to Trust of Luis Morado within thirty (30) days of entry of the Final

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Judgment.

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(7.)

Defendant shall make a payment in the amount of $158,750.00

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payable to trust account for Douglas / Hicks Law, APC and Sias | Carr, LLP within

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thirty (30) days of entry of the Final Judgment.

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(8.)

Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), the

parties stipulate that defendant OFFICER ROGER GARCIA is dismissed with
prejudice from this action;

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(9.)

The parties further agree that this judgment constitutes a general

mutual release and a mutual waiver of all costs, court fees, and attorney’s fees
arising out of litigation of all of plaintiffs’ claims, known and unknown as to any
defendant, in accordance with the terms of the release and settlement agreement.
(8.)

It is further ordered that the consent is incorporated here with the

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same force and effect as if fully set forth here, and that Defendant shall comply

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with all of the undertakings and agreements set forth above.

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(9.)

It is further ordered that this Court shall retain jurisdiction of this

matter for the purposes of enforcing the terms of this Final Judgment.
(10.) There being no just reason for delay, pursuant to Rule 54(b) of the

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Federal Rule of Civil Procedure, the Clerk is ordered to enter this Final Judgment

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immediately and without further notice.

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IT IS SO ORDERED.

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Dated: October 2, 2017

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John A. Kronstadt
United States District Judge

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