Mayfield v. Orozco, et al.

Filing 399

ORDER signed by District Judge John A. Mendez on 11/6/17, GRANTING in PART and DENYING in PART Plaintiffs' 392 Motion to Approve Settlement and Establish a Special Needs Trust. (Kastilahn, A)

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Barbara Enloe Hadsell, Esq. [S.B. #086021]
Dan Stormer, Esq. [S.B. # 101967]
HADSELL STORMER & RENICK LLP
128 N. Fair Oaks Avenue
Pasadena, California 91103
Tel: [phone]/Fax: [phone]
Emails: [e-mail]
[e-mail]
Joshua Piovia-Scott, Esq. [S.B. #222364]
Lori Rifkin, Esq. [S.B. # 244081]
HADSELL STORMER & RENICK LLP
4300 Horton Street, #15
Emeryville, CA 94608
Tel: [phone]/Fax: [phone]
Emails: [e-mail]
[e-mail]

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Attorneys for Plaintiff James Joshua Mayfield

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[Additional counsel cont. next page]

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JAMES JOSHUA MAYFIELD, JAMES
ALLISON MAYFIELD, JR. and TERRI
MAYFIELD,

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vs.

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IVAN OROZCO, in his individual capacity,
SHERIFF SCOTT JONES, in his individual and
official capacity, JAMES LEWIS, in his individual
and official capacity, RICK PATTISON, in his
individual and official capacity, COUNTY OF
SACRAMENTO, UNIVERSITY OF
CALIFORNIA DAVIS HEALTH SYSTEM, DR.
GREGORY SOKOLOV, in his individual
capacity, DR. ROBERT HALES, in his individual
capacity, and Does 1-5,

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[Assigned to the Honorable John A. Mendez –
Courtroom 6]

Plaintiffs,

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Case No.: 2:13-CV-02499-JAM-AC

JOINT AMENDED ORDER REGARDING
PLAINTIFFS’ MOTION TO APPROVE
SETTLEMENT AND ESTABLISH A SPECIAL
NEEDS TRUST
Complaint filed:
Trial Date:

December 3, 2013
May 1, 2017

Defendants.

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JOINT AMENDED [PROP] ORDER RE:
PLTF’S MTN TO APPROVE SETTLEMENT
Case No.: 2:13-CV-02499-JAM-AC

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[Additional Counsel cont. from previous page]

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Carl J. Calnero, Esq. [S.B. #117590]
John Whitefleet, Esq. [S.B. #213301]
Charles M.Gnekow, Esq. [S.B. #306669]
PORTER SCOTT
350 University Avenue, Suite 200
Sacramento, California 95825
Telephone: [phone]
Facsimile: [phone]
Emails: [e-mail]
[e-mail]
[e-mail]

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Attorneys for Defendant IVAN OROZCO

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Van Longyear, Esq. [S.B. #84189]
Peter C. Zilaff, Esq. [S.B. #27658]
Nicole Cahill, Esq. [S.B. #287165]
LONGYEAR, O’DEA & LAVRA, LLP
3620 American River Drive, Suite 230
Sacramento, California 95864-5923
Telephone: [phone]
Facsimile: [phone]
Emails: [e-mail]
[e-mail]
[e-mail]

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Richard S. Linkert, Esq. (SBN 88756)
Jack A. Klauschie, Jr., Esq. (SBN 094029)
Brian D. Johnson, Esq. (SBN 266513)
MATHENY SEARS LINKERT & JAIME LLP
3638 American River Drive
Sacramento, CA 95864
Telephone: [phone]
Facsimile: [phone]
Emails: [e-mail]
[e-mail]
[e-mail]
Attorneys for Defendants, COUNTY OF SACRAMENTO, SCOTT JONES, JAMES LEWIS AND
RICK PATTISON
WILKE, FLEURY, HOFFELT, GOULD & BIRNEY, LLP
SCOTT L. GASSAWAY (SBN 53581)
[e-mail]
ROBERT F. TYLER, JR. (SBN 63055)
[e-mail]
NEAL C. LUTTERMAN
[e-mail] (SBN 174681)
BIANCA S. WATTS (SBN 278231)
[e-mail]
400 Capitol Mall, Twenty-Second Floor
Sacramento, California 95814
Telephone: [phone]
JOINT AMENDED [PROP] ORDER RE:
PLTFS’ MTN TO APPROVE SETTLEMENT
Case No : 2:13-CV-02499-JAM-AC

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Facsimile: [phone]

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LEWIS BRISBOIS BISGAARD & SMITH LLP
GREGORY G. LYNCH (SBN 119996)
[e-mail]
JOHN J. WEBER (SBN 054774)
[e-mail]
KIM M. WELLS (SBN 232279)
[e-mail]
6333 West 5th Street, Suite 4000
Los Angeles, California 90071
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendants
REGENTS OF THE UNIVERSITY OF CALIFORNIA, now sued as the UNIVERSITY OF CALIFORNIA
DAVIS HEALTH SYSTEM, DR. GREGORY SOKOLOV, sued in his individual capacity, and DR.
ROBERT HALES, sued in his individual capacity

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JOINT AMENDED [PROP] ORDER RE:
PLTFS’ MTN TO APPROVE SETTLEMENT
Case No : 2:13-CV-02499-JAM-AC

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ORDER

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All Parties to this matter submit the following Joint Amended [Proposed] Order Regarding

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Plaintiffs’ unopposed Motion to Approve Settlement and Establish a Special Needs Trust.

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Having considered the moving papers, arguments of counsel, the documents on file in this case,

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and after a hearing on Plaintiffs’ Motion to Approve Settlement and Establish a Special Needs Trust, IT

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IS HEREBY ORDERED:

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Plaintiffs’ Motion to Approve Settlement and Establish a Special Needs Trust is granted in part
and denied in part.

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1.

Motion to Approve Settlement

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The Court denies the request that James Allison Mayfield, Jr. and Terri Mayfield receive 15% of

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the total settlement but grants the request to approve the settlement with James Allison Mayfield, Jr. and

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Terri Mayfield receiving 5% of the total settlement. The Court orders that James Joshua Mayfield is to

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receive 95% of the settlement proceeds and that Plaintiffs’ counsel is to receive 40% of the total

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settlement for attorneys’ fees, as well as the costs identified below.

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Based on the foregoing, the Court orders that the settlement proceeds in this case be distributed as
follows:
A.

Settlement Proceeds to James Joshua Mayfield
Total = $5,0000,000
95% of total = $4,750,000
40% fees from $4,750,000 = $1,900,000
$4,750,000 - $1,900,000 = $2,850,000
Total costs = $388,721.34
95% of total = $369,285.27

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$2,850,000 - $369,285.27 = $2,480,714.73
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Total to James Joshua Mayfield = $2,480,714.73
Total to the James Joshua Mayfield Special Needs Trust from Defendant the Regents of the
University of California = $1,240,357.36

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JOINT AMENDED [PROP] ORDER RE:
PLTF’S MTN TO APPROVE SETTLEMENT

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Case No.: 2:13-CV-02499-JAM-AC

Total to the James Joshua Mayfield Special Needs Trust from Defendant County of
Sacramento = $1,240,357.37

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B.

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Settlement Proceeds to James Allison Mayfield, Jr. and Terri Mayfield
Total = $5,000,000
5% of total = $250,000

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40% of fees from $250,000 = $100,000
$250,000 - $100,000 = $150,000

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Total costs = $388,721.34
5% of total = $19,436.07

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$150,000 - $19,436.07 = $130,563.93

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Total to James Allison Mayfield, Jr. and Terri Mayfield = $130,563.93

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Based on the foregoing, the Court orders that a total of $2,480.714.73 be placed in the James
Joshua Mayfield Special Needs Trust and that $2,519,285.27 be paid to the Hadsell Stormer & Renick
client trust account for the distribution to James Allison Mayfield, Jr. and Terri Mayfield, and for
Plaintiffs’ attorneys’ fees and costs.

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Total to the Hadsell Stormer & Renick client trust account from Defendant the Regents of the
University of California = $1,259,642.64.

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Total to the Hadsell Stormer & Renick client trust account from Defendant County of Sacramento
= $1,259,642.63.

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Defendants are to provide these payments within 30 days of this Order.

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2.

Motion to Establish a Special Needs Trust for James Joshua Mayfield
The Court grants the Motion to Establish a Special Needs Trust and orders the following with

regard to the James Joshua Mayfield Special Needs Trust:
1.

The United States District Court, Eastern District of California establishes the James

Joshua Mayfield Special Needs Trust and Lisa Berg is directed to execute it on behalf of James Joshua
Mayfield;
2.

The Trustee shall petition the San Joaquin County Probate Court to bring the James

JOINT AMENDED [PROP] ORDER RE:
PLTF’S MTN TO APPROVE SETTLEMENT

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Case No.: 2:13-CV-02499-JAM-AC

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Joshua Mayfield Special Needs Trust under its ongoing court jurisdiction as defined by California Rule

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of Court 7.903;

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3.

The payment of all monies due James Joshua Mayfield in this settlement shall be paid

directly to the James Joshua Mayfield Special Needs Trust;
4.

Lisa Berg shall serve as the initial Trustee of the James Joshua Mayfield Special Needs

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Trust with bond to be filed in the amount required by California Rules of Court 7.207 in the San Joaquin

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County Probate Court;

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5.

Any past or future compensation owed to the parents of James Joshua Mayfield for his

caregiving and services is to be determined by the San Joaquin County Probate Court, this Court has not
considered that issue;
6.

The Court finds that James Joshua Mayfield has a disability that substantially impairs his

ability to provide for his own care or custody, and constitutes a substantial handicap;
7.

The Court finds that James Joshua Mayfield is likely to have special needs that will not be

met without the Trust;
8.

The Court finds that the money to be paid to the Trust does not exceed the amount that

appears reasonably necessary to meet James Joshua Mayfield’s special needs;
9.

The Trustee of the James Joshua Mayfield Special Needs Trust is authorized to invest in

mutual funds and bonds with maturity dates greater than five years; and
10.

The Court approves and directs the payment of $4,215 to The Urbatsch Law Firm, P.C.,

for the legal services rendered to James Joshua Mayfield.

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Dated: 11/6/2017

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/s/ John A. Mendez____________
JOHN A. MENDEZ
United States District Court Judge

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JOINT AMENDED [PROP] ORDER RE:
PLTF’S MTN TO APPROVE SETTLEMENT

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Case No.: 2:13-CV-02499-JAM-AC