S.V. v. Delano Union Elementary School District, et al.

Filing 70

ORDER Denying Request to Withdraw Funds re 69 , signed by Chief Judge Lawrence J. O'Neill on 9/18/19. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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S.V., a minor, by and through her Guardian ad )
Litem, CLAUDIA VALENCIA,
)
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Plaintiff,
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v.
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DELANO UNION ELEMENTARY SCHOOL )
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DISTRICT, et al.,
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Defendants.

Case No.: 1:17-cv-780- LJO JLT
ORDER DENYING REQUEST TO WITHDRAW
FUNDS
(ECF No. 69)

Before the Court for decision is the request by Claudia Valencia, guardian ad litem for her
daughter S.V., to withdraw $4,000.00 from the blocked account set up in S.V.’s name as part of the
settlement of this action. ECF No. 69. In May 2019, S.V., through her guardian, entered into a
settlement agreement to resolve this matter in its entirety. ECF No. 62. Pursuant to the settlement,
Defendants agreed to pay $45,000.00. ECF No. 64-1, Ex. 1. After attorney's fees and costs were
awarded to Plaintiff’s counsel, $25,713.53 of the total settlement fund was placed in a blocked account
for S.V., designated to remain there until she obtains the age of 18. ECF No. 64-3. In petitioning for
approval of the settlement, Claudia Valencia acknowledged on June 14, 2019, that “these funds may
not be withdrawn before S.V. reaches the age of majority, 18 years old.” ECF No. 64-2. The present
request for withdrawal, filed September 3, 2019, indicates that S.V.’s family has “personal matters” and
that S.V. “needs money for her education, and essential necessities,” but does not provide any other
details apart from indicating that Claudia Valencia’s “husband’s salary is not enough to support our
family at this time.” ECF No. 69. Nothing in the request or S.V.’s own attached letter indicates a

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change in circumstance since the settlement was signed and approved or a particularized, urgent need.

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Therefore, the request is DENIED WITHOUT PREJUDICE.

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IT IS SO ORDERED.
Dated:

September 18, 2019

/s/ Lawrence J. O’Neill _____
UNITED STATES CHIEF DISTRICT JUDGE