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$349,164.08 to be placed in a blocked account at Bank of America where it cannot be withdrawn and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