Castro, et al v. United States of America, et al

Filing 29

ORDER ADOPTING 26 FINDINGS AND RECOMMENDATIONS Regarding 21 Petition for Approval of Minor's Compromise of Disputed Action signed by District Judge Anthony W. Ishii on 07/11/2018. (Flores, E)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LINO SUSANO ESTRADA CASTRO,
MARIA RODRIGUEZ, and BENJAMIN
GUZMAN ESTRADA,

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Plaintiffs,

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No. 1:17-cv-00673-AWI-BAM
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS REGARDING
PETITION FOR APPROVAL OF MINOR’S
COMPROMISE OF DISPUTED ACTION

v.
Doc. Nos. 21, 26
UNITED STATES OF AMERICA,

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Defendant.

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On June 19, 2018, the assigned Magistrate Judge issued findings and recommendations that

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the petition for approval of compromise of the claims of minor plaintiff Benjamin Guzman Estrada,
by and through his guardian ad litem Rogelio Eli Estrada Castro, be approved and granted. (Doc.

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No. 26.) The findings and recommendations were served on the parties, and contained notice that
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any objections must be filed within fourteen (14) days of service of the order. On June 25, 2018,
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Defendant United States of America filed a notice of non-objection to the findings and
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recommendations. (Doc. No. 27.) No objections or other response was filed by Plaintiffs to this
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action.
In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(c), this Court has conducted a
de novo review of the case. Having carefully reviewed the entire file, the Court finds that the
findings and recommendations are supported by the record and proper analysis.
Accordingly, IT IS HEREBY ORDERED that:
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The findings and recommendations issued on June 19, 2018, are adopted in full;

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The Petition for Approval of Minor’s Compromise of Disputed Action is
GRANTED and the terms of the settlement, including costs and attorneys’ fees, are
APPROVED as fair and reasonable;

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3.

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Minor Plaintiff Benjamin Guzman Estrada shall receive $5,796.02 by way of
settlement;

4.

The United States is directed to pay the $5,796.02 to Rogelio Eli Estrada Castro, as

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the Guardian Ad Litem for Benjamin Guzman Estrada, a minor, in trust to the Law

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Offices of Steven Ibarra for deposit into the OnPoint Community Credit Union

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interest-bearing, blocked account numbered 1331097;

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5.

No withdrawals of principal or interest may be made from the blocked accounts

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without a written order under this case name and number, signed by a judge, and

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bearing the seal of this Court, until the respective minor attain the age of 18 years.

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When the respective minor attains the age of 18 years, the depository, without

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further order of this Court, is authorized and directed to pay by check or draft

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directly to the former minor, upon proper demand, all moneys including interest

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deposited under this order. The money on deposit is not subject to escheat.

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in this case and such funds placed, therein, cannot be accessed by anybody other

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than the respective minor plaintiff upon reaching the age of majority. The

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parents/guardian ad litem shall have no right to access any of the funds in such

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blocked account for any reason.

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to the Court; and

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Plaintiffs’ counsel shall have twenty-one (21) days following payment of the
settlement proceeds to submit proof of the funding of the above-referenced account

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The blocked account in this matter is to be solely for the benefit of minor plaintiff

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The Minor Plaintiff’s share to be paid for attorneys’ fees in the amount of $3,000.00
and costs in the amount of $251.22 is approved.

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IT IS SO ORDERED.
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Dated: July 11, 2018
SENIOR DISTRICT JUDGE

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