Estate of Christopher McDaniel, et al. v. County of Kern, et al.

Filing 58

AMENDED #56 ORDER FOR APPROVAL OF MINOR'S CLAIMS signed by District Judge John A. Mendez on 12/6/2017. Total Settlement in the amount of $225,000 is APPROVED. The parties shall submit proof of the funding of the above-referenced annuity to the Court within 60 days. All claims against the Defendants will be dismissed with prejudice by a separate order to be submitted by the parties. Plaintiffs counsel will submit such dismissal within 5 days after (a) payment of the agreed settlement amount is made; and (b) the required proof outlined in paragraph B. has been submitted to the Court. (Hunt, G)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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)
THE ESTATE OF CHRISTOPHER
)
MCDANIEL, CAMERON MCDANIEL, )
individually and as Successor in
)
)
Interest to CHRISTOPHER
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MCDANIEL, DAMON MCDANIEL
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individually, and GUNNER MCDANIEL,)
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individually, by and through his
Guardian Ad Litem CATHY LOWELL )
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)
Plaintiff,
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vs.
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COUNTY OF KERN, KERN COUNTY )
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SHERIFF’S DEPARTMENT, AARON )
WARMERDAM, JEFFREY KELLEY, )
)
and DOES 1 THROUGH 25,
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INCLUSIVE,
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Defendants
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_______________________________ )

Case No.: 1:15-CV-01320-JAM-JLT

AMENDED ORDER ON STIPULATED
PETITION FOR APPROVAL OF
MINOR’S COMPROMISE OF CLAIMS

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I.

INTRODUCTION
Plaintiff GUNNAR MCDANIEL is a minor in this action. Pending before the Court

is a Petition for Minor’s Compromise filed on November 21, 2017 by CATHY LOWELL,
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[PROPOSED] ORDER ON STIPULATED PETITION FOR APPROVAL OF MINOR’S COMPROMISE OF CLAIMS
(USDC CASE NO. 1:15-CV-01320-JAM-JLT)

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Guardian Ad Litem to GUNNAR MCDANIEL and Defendants COUNTY OF KERN,
KERN COUNTY SHERIFF’S DEPARTMENT, AARON WARMERDAM and JEFFREY
KELLEY.
Based on the Stipulated Petition for Approval of Minor’s Compromise of Claim, IT
IS HEREBY ORDERED that:
A.

Total Settlement in the amount of $225,000 and payable as follows is

APPROVED; and,
1.

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Defendants Kern County, Kern County Sheriff’s Department,
Deputy Aaron Warmerdam and Deputy Jeffrey Kelley will issue a

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check in the sum of $37,641.08 made payable to PACIFIC LIFE &

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ANNUITY SERVICES, INC. to be delivered to ATLAS

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SETTLEMENT GROUP, INC. Atlas Settlement Group will tender

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the check in the amount of $37,641.08 to Pacific Life Insurance

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Company for an annuity with a lifetime payout totaling $42,183.23

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for the benefit of minor child GUNNAR MCDANIEL with
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disbursements to be made as follows:
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a.

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commencing on August 5, 2021 with last guaranteed

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payment on August 5, 2024. outlined above; and

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$7,500 payable annually for four (4) years

2.

Defendants County of Kern, Kern County Sheriff’s Department,
Deputy Aaron Warmerdam and Deputy Jeffrey Kelley will also pay
the sum of $187,358.92 directly to Michael J. Curls Client Trust
Account for Cameron McDaniel, Damon McDaniel as follows:
a.

Settlement Proceeds in the amount of $75,282.16
shall be distributed to the adult plaintiffs as follows:
(1)

Cameron McDaniel

$37,641.08

(2)

Damon McDaniel

$37,641.08

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[PROPOSED] ORDER ON STIPULATED PETITION FOR APPROVAL OF MINOR’S COMPROMISE OF CLAIMS
(USDC CASE NO. 1:15-CV-01320-JAM-JLT)

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b.

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Attorneys’ fees and costs shall be paid to the Law
Office of Michael J. Curls as follows:

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(1)

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advanced by counsel total $22,076.74 which

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amount will be borne equally by all Plaintiffs;

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and,

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(2)

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B.

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The parties shall submit proof of the funding of the above-referenced

annuity to the Court within sixty (60) days; and,

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Attorney’s fees in the amount of $90,000 to be
borne equally by all Plaintiffs

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Costs and expenses that were incurred and/or

C.

All claims against the Defendants will be dismissed with prejudice by a

separate order to be submitted by the parties. Plaintiffs’ counsel will submit such
dismissal within five (5) days after (a) payment of the agreed settlement amount is
made; and (b) the required proof outlined in paragraph B. has been submitted to the

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Court.
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IT IS SO ORDERED.

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DATED: 12/6/2017
/s/ John A. Mendez_____________
Hon. John A. Mendez
United States District Court Judge

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[PROPOSED] ORDER ON STIPULATED PETITION FOR APPROVAL OF MINOR’S COMPROMISE OF CLAIMS
(USDC CASE NO. 1:15-CV-01320-JAM-JLT)