Romar v. Fresno Community, et al

Filing 189

ORDER ADOPTING In Part Amended 188 Findings and Recommendation Re: 183 Petition for Compromise of Disputed Claims of Minor; ORDER Directing Plaintiff to Submit Documentation of the Formation of the Special Needs Trust to the Magistrate Judge no Later than Thirty Days After the Date of Service of this Oorder signed by Chief Judge Anthony W. Ishii on 7/2/2009. (Documentation Deadline: 8/6/2009) (Figueroa, O)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 CHRISTINA ROMAR, a minor suing) 10 through her mother and legal ) representative, CORA ROMAR, ) 11 ) Plaintiff, ) 12 v. ) ) 13 FRESNO COMMUNITY HOSPITAL AND ) MEDICAL CENTER; DR. THOMAS ) 14 MANSFIELD, et al., ) ) 15 Defendants. ) ) 16 ) 17 18 Plaintiffs are proceeding with a civil action in this Court. 19 The matter was referred to the Magistrate Judge pursuant to 28 20 U.S.C. 636(b) and Local Rules 72-302 and 72-303. Pending before 21 the Court is Plaintiff's petition for approval of compromise of 22 disputed claims of the minor Plaintiff, filed on April 29, 2009, 23 with exhibits that included the minor's compromise form and 24 attachments. 25 On June 17, 2009, the Court filed amended findings and 26 recommendations concerning Plaintiff's petition for approval of 27 minors' compromise, recommending that the terms of the settlement 28 1 1:03-cv-06668-AWI-SMS ORDER ADOPTING IN PART AMENDED FINDINGS AND RECOMMENDATION RE: PETITION FOR COMPROMISE OF DISPUTED CLAIMS OF MINOR (Docs. 188, 183) ORDER DIRECTING PLAINTIFF TO SUBMIT DOCUMENTATION OF THE FORMATION OF THE SPECIAL NEEDS TRUST TO THE MAGISTRATE JUDGE NO LATER THAN THIRTY DAYS AFTER THE DATE OF SERVICE OF THIS ORDER 1 be approved by the district judge assigned to the action even 2 though the special needs trust that is to be formed solely for 3 the benefit of the minor's needs has not yet been established. 4 The Court further recommended that the parties proceed without 5 delay to finalize the formation of the special needs trust and 6 submit to the Court for approval the documentation of the 7 formation of the trust pursuant to the minor's compromised 8 settlement, with all payments of fees and expenses as set forth 9 in the findings and recommendations to be ordered at the time 10 that the special needs trust is approved. Thereafter, the case 11 would be dismissed by a separate order to be submitted by the 12 parties. 13 The amended findings and recommendation were served on all 14 parties on June 17, 2009, and contained notice that any 15 objections be filed no later than June 30, 2009. The requisite 16 period of time has passed, but no party has filed any objections. 17 In accordance with the provisions of 28 U.S.C. 636 18 (b)(1)(C) and Britt v. Simi Valley United School Dist., 708 F.2d 19 452, 454 (9th Cir. 1983), this Court has conducted a de novo 20 review of the case. Having carefully reviewed the entire file, 21 the Court finds that the report and recommendation are supported 22 by the record and proper analysis. 23 24 Accordingly, IT IS HEREBY ORDERED that: 1. The amended findings and recommendation filed June 17, 25 2009, are ADOPTED IN FULL; and 26 2. Plaintiff's petition for approval of the minor's 27 compromised settlement IS GRANTED IN PART, and 28 3. The terms of the settlement and proposed distributions 2 1 thereunder, with the provision concerning attorney's fees as set 2 forth in the findings and recommendations, ARE APPROVED, and the 3 parties ARE DIRECTED TO PROCEED without delay to finalize the 4 formation of the special needs trust; and 5 4. Plaintiff IS DIRECTED TO SUBMIT to the Magistrate Judge 6 no later than thirty days after the date of service of this order 7 documentation of the creation of the special needs trust and of 8 any other matters relating to the compromised settlement of the 9 minor's claim that still require approval of the Court in order 10 that the Magistrate Judge may review the documentation and 11 prepare findings and recommendations concerning the establishment 12 of the special needs trust and concerning the disbursements to be 13 made pursuant to the settlement. 14 15 IT IS SO ORDERED. 16 Dated: 0m8i78 17 18 19 20 21 22 23 24 25 26 27 28 3 July 2, 2009 /s/ Anthony W. Ishii CHIEF UNITED STATES DISTRICT JUDGE

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