Toscano et al v. City Of Fresno et al

Filing 99

ORDER Vacating February 15, 2017 Hearing on Petition for Minor's Compromise and Requiring Plaintiff Steven Wade Toscano to File Amended Payout Amounts for Annuity Based on Corrected Net Balance, signed by Magistrate Judge Stanley A. Boone on 2/9/17: 14-Day Deadline. (Hellings, J)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ANGEL KEITH TOSCANO, JR., et al., 12 Case No. 1:13-cv-01987-SAB Plaintiffs, ORDER VACATING FEBRUARY 15, 2017 HEARING ON PETITION FOR MINOR’S COMPROMISE AND REQUIRING PLAINTIFF STEVEN WADE TOSCANO TO FILE AMENDED PAYOUT AMOUNTS FOR ANNUITY BASED ON CORRECTED NET BALANCE v. 13 14 CITY OF FRESNO, et al., 15 Defendants. FOURTEEN DAY DEADLINE 16 17 18 The minor plaintiffs in this action have filed petitions for compromise of the minors’ 19 claims. The Court, having reviewed the record, finds these matters suitable for decision without 20 oral argument. See Local Rule 230(g). Accordingly, the previously scheduled hearing set on 21 February 15, 2017 will be vacated and the parties will not be required to appear at that time. 22 Upon review of the petitions, the net settlement to Steven Wade Toscano was incorrectly 23 set forth as $52,448.92 in the September 6, 2017 supplement to approve compromise of pending 24 action for Steven Wade Toscano. (ECF No. 96.) Based on the petition, Steven Wade Toscano 25 shall receive a gross settlement amount of $75,000.00. From this amount, attorney fees of 26 $17,082.75 and costs of $5,468.25 will be deducted. This provides for a net settlement of 27 $52,449.00 for Steven Wade Toscano. 28 / / / 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The hearing set for February 15, 2017 is VACATED and the parties are not 3 required to appear at that time; and 2. 4 Within fourteen days from the entry of this order, Steven Wade Toscano shall file 5 an amended annuity payout based on the net settlement amount of $52,449.00. 6 7 IT IS SO ORDERED. 8 Dated: February 9, 2017 UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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