Cabrera et al v. United States of America

Filing 30

ORDER Re Notice of Settlement; ORDER Vacating All Pending Matters and Dates 29 , signed by Magistrate Judge Stanley A. Boone on 4/12/2018: All pending matters and dates are VACATED; and Plaintiff Josiah Cabrera, by and through his guardian ad litem Patricia McGrew, shall file a petition for minor's compromise in compliance with Local Rule 202 on or before May 16, 2018, with the hearing to be set before the undersigned pursuant to the Local Rules. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CHRISTINA CABRERA, et al.,
Plaintiffs,

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Case No. 1:17-cv-00019-SAB
ORDER RE NOTICE OF SETTLEMENT

v.

ORDER VACATING ALL PENDING
MATTERS AND DATES

UNITED STATES OF AMERICA,
(ECF No. 29)
Defendant.

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On April 11, 2018, Defendant filed a notice of settlement indicating that the claim by the

17 remaining plaintiff, Josiah Cabrera, a minor, has settled. (ECF No. 29.)
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Pursuant to Local Rule 202(b), “[n]o claim by or against a minor or incompetent person

19 may be settled or compromised absent an order by the Court approving the settlement or
20 compromise.” As this Court appointed Patricia McGrew as guardian ad litem for Plaintiff Josiah
21 Cabrera, Plaintiff Josiah Cabrera must comply with Local Rule 202(b)(2). Any application for
22 approval of a proposed settlement or compromise must disclose, among other things, the
23 following:
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the age and sex of the minor or incompetent, the nature of the causes of action to
be settled or compromised, the facts and circumstances out of which the causes of
action arose, including the time, place and persons involved, the manner in which
the compromise amount or other consideration was determined, including such
additional information as may be required to enable the Court to determine the
fairness of the settlement or compromise....

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28 L.R. 202(b)(2).

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Also, pursuant to Local Rule 202(c), Plaintiff’s counsel shall advise whether they have

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2 received or expect to receive any compensation, from whom, and the amount. L.R. 202(c).1
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Based on the foregoing, IT IS HEREBY ORDERED that:

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All pending matters and dates are VACATED; and

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2.

Plaintiff Josiah Cabrera, by and through his guardian ad litem Patricia McGrew,

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shall file a petition for minor’s compromise in compliance with Local Rule 202

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on or before May 16, 2018, with the hearing to be set before the undersigned

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pursuant to the Local Rules.

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IT IS SO ORDERED.

11 Dated:

April 12, 2018
UNITED STATES MAGISTRATE JUDGE

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Plaintiff should also review the other sections of Local Rule 202 to ensure compliance with any applicable

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