Christina Gonzalez et al. v. State of California

Filing 65

ORDER ADOPTING 64 Findings and Recommendations Granting Approval of the Minor's Compromise, signed by District Judge Jennifer L. Thurston on 09/19/2022. Forty-Five Day Deadline. (Maldonado, C)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 CHRISTINA GONZALEZ, et al., Plaintiffs, 12 13 14 15 v. STATE OF CALIFORNIA, et al., Defendants. 16 17 ) ) ) ) ) ) ) ) ) ) ) Case No.: 1:20-cv-0912 JLT BAK (HBK) ORDER ADOPTING THE FINDINGS AND RECOMMENDATIONS GRANTING APPROVAL OF THE MINOR’S COMPROMISE (Docs. 62, 64) On June 17, 2022, the parties engaged in a settlement conference with Magistrate Judge Helena 18 M. Barch-Kuchta, and the parties reached a settlement. (Doc. 59.) On July 21, 2022, Plaintiff J.G., by 19 and through her guardian ad litem, filed a motion for approval of the minor’s compromise from the 20 gross settlement. (Doc. 64.) 21 The assigned magistrate judge found the minor’s compromise— including the payment of 22 some attorney fees from the portion of the settlement designated for J.G.— was “fair and reasonable in 23 light of the facts of the case, the specific claim, and recoveries in similar cases.” (Doc. 64 at 6.) 24 Therefore, the magistrate judge recommended the motion for approval of the minor’s compromise be 25 granted. (Id.) In addition, the magistrate judge recommended the minor’s net compensation of 26 $349,164.08 to be placed in a blocked account at Bank of America where it cannot be withdrawn and 27 available to J.G. until her eighteenth birthday on September 5, 2022.” (Id.) The parties were informed 28 any objections to these Findings and Recommendations were due within 14 days of the date of service, 1 1 or no later than August 16, 2022. (Id.) To date, no objections have been filed by any party, and the 2 time to do has expired. 3 According to 28 U.S.C. § 636 (b)(1)(C), this Court conducted a de novo review of the case. 4 Having carefully reviewed the entire file, the Court concludes the magistrate judge’s Findings and 5 Recommendations are supported by the record and by proper analysis. However, the Court notes that 6 J.G. turned 18 on September 5, 2022, and is no longer a minor. (See Doc. 64 at 6.) Thus, placement 7 of her settlement funds in an unblocked account is appropriate, and J.G. may have immediate access to 8 these funds once the account is created. 9 10 Based upon the foregoing, the Court ORDERS: 1. The Findings and Recommendations issued on August 2, 2022 (Doc. 64) are ADOPTED. 11 12 2. The petition for approval of the minor’s compromise (Doc. 62) is GRANTED. 13 3. The minor’s net compensation of $349,164.08 SHALL be placed in an account for J.G. at Bank of America. 14 15 4. The parties SHALL file a stipulation for dismissal of the action with prejudice pursuant 16 to Rule 41 of the Federal Rules of Civil Procedure within 45 days of the date of service 17 of this order. 18 19 20 IT IS SO ORDERED. Dated: September 19, 2022 21 22 23 24 25 26 27 28 2

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