Estate of Anton Pat Barrett, et al. v. City of Vallejo, et al.

Filing 64

ORDER signed by Magistrate Judge Kendall J. Newman on 7/20/2015 ORDERING Tasha Perry appointed as guardian ad litem for A.P.B. and APPROVING minor's compromise. (Zignago, K.)

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JOHN L. BURRIS, Esq. SBN 69888
ADANTÉ D. POINTER Esq. SBN 236229
LAW OFFICES OF JOHN L. BURRIS
Airport Corporate Centre
7677 Oakport Street, Suite 1120
Oakland, California 94621
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for plaintiffs

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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THE ESTATE OF ANTON BARRETT, by
and through its representatives ANTON
FRANK BARRETT, PASHANEY
BARRETT and A.P.B., by and through his
guardian ad litem TASHA PERRY;
ANTON FRANK BARRETT,
individually; PASHANEY BARRETT,
individually and A.P.B, a minor, by and
through his guardian ad litem TASHA
PERRY,

CASE NO.: 2:13-CV-00846-JAM-CKD
ORDER APPOINTING TASHA PERRY
AS A.P.B.’S GUARDIAN AD LITEM
AND APPROVING MINOR'S
COMPROMISE

Plaintiffs,

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Magistrate Judge Kendall J. Newman

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v.

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CITY OF VALLEJO, a municipal
corporation; SEAN KENNEY: WAYLON
BOYCE; MARK THOMPSON; and DOES
1-50, inclusive; individually and in their
official capacity as Police Officers for the
CITY OF VALLEJO

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Defendants.

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ORDER

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Presently pending before the court is the petition of TASHA PERRY

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("Petitioner") for appointment as Guardian Ad Litem and for the approval of

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the proposed compromise of minor ANTON PAT BARRETT’s ("Minor")

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claims against defendants CITY OF VALLEJO, et al (hereinafter collectively

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referred to as "Payor"). (ECF No. 62.) After carefully reviewing the petition,

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the court finds it appropriate to appoint Petitioner as the Minor’s Gu ardian Ad

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Litem, and also finds that it is in the best interests of the Minor that s uch

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claims be compromised and settled for the amount stated in the petition and

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that the proceeds of such settlement be paid, distributed, and deposited in the

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manner hereinafter specifically provided. 1

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IT IS THEREFORE ORDERED:

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A.
That TASHA PERRY is hereby appointed Guardian Ad Litem to
prosecute and compromise the claims of Minor Anton Pat Barrett in this
action.

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B.
That such compromise be and is hereby approved and that upon
payment of the sum of $210,000.00 (Two Hundred and Ten Thousand
Dollars and Zero Cents), being the total amount of the settlement sum
herein approved, Payor shall be fully and forever released and
discharged of and from all claims, charges, and demands of Minor and
his guardian ad litem, Petitioner, arising from the incident mentioned in
said petition.

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C.
That Payor shall issue a check in the total amount of $ 94,500.00
(Ninety Four Thousand and Five Hundred Dollars and Zero Cents), made
payable to “Tasha Perry, Individually, and as the Guardian Ad Litem for
Anton Pat Barrett, a minor, and Their Attorney of Record, John L.
Burris.”

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D.
Upon receipt of the settlement check referred to above, the Law
Offices of John L. Burris shall disburse the settlement proceeds as

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The court finds the unopposed petition derivative of the parties’ settlement
to be suitable for resolution without oral argument pursuant to Local Rule
230(g). As such, the motion to shorten time to hear the petition (ECF No. 63)
is denied as moot.

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follows, and the Court hereby approves the Petition to Compromise
Minor A.P.B’s claims, as follows:

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1.

Payment of Fees and Expenses on Behalf of Minor, Anton Pat Barrett
a. Attorney's fees payable to the Law Offices of John L. Burris:
$31,468.50.

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b. Reimbursement of Litigation Costs payable to Law Offices
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of John L. Burris: $ 4,875.65
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c. Grand total of allowances for fees/expenses: $ 36,344.15

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2. Balance

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The remaining balance of $ 58,155.85 shall be placed in an interest-bearing

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blocked trust account at an FDIC insured banking institution for the benefit of

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Minor Plaintiff Anton Pat Barrett.

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immediately disbursed to Tasha Perry for the benefit of Anton Pat Barrett, with

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the remainder payable to Minor Plaintiff Anton Pat Barrett on his 18 th birthday.

Upon funding, $2,500.00 shall be

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This order resolves ECF Nos. 62 and 63.

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IT IS SO ORDERED.
Dated: July 20, 2015

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