Molera et al v. City of Vacaville et al

Filing 39

ORDER signed by Chief Judge Morrison C. England, Jr. on 5/8/2015 GRANTING #32 Motion to Approve Minor's Compromise. (Zignago, K.)

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MICHAEL J. HADDAD (State Bar No. 189114)
JULIA SHERWIN (State Bar No. 189268)
GENEVIEVE K. GUERTIN (State Bar No. 262479)
T. KENNEDY HELM (State Bar No.
HADDAD & SHERWIN
505 Seventeenth Street
Oakland, California 94612
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs LESLIE MOLERA,
WILLIAM WALKER, and D.W.

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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LESLIE MOLERA, Individually, WILLIAM
WALKER, Individually, and D. W., a minor,
through his mother and Next Friend Luana Silva,
Individually and as Successor in Interest for
Decedent KENDALL WALKER.

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Plaintiffs,

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vs.

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CITY OF VACAVILLE, a public entity; CITY OF
VACAVILLE POLICE CHIEF RICHARD WORD,
in his individual and official capacities; OFFICER
TOMI KINGI, OFFICER DANIEL VALK,
SERGEANT PATRICK WILLIAMS, OFFICER
DEBI LOPEZ, OFFICER DANIEL TORRES, and
DOES 4 through 20, individually, jointly and
severally.

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Defendants.

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No: 2:14-cv-00782-MCE-AC
Hon. Morrison C. England

ORDER GRANTING
PLAINTIFFS’ UNOPPOSED
MOTION TO APPROVE
MINOR’S COMPROMISE

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Good cause appearing, the Court hereby GRANTS Plaintiffs’ unopposed Motion to Approve
Minor’s Compromise, as follows:
The Court finds the following structured settlement terms checked below, attached as the

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indicated Exhibit to the Declaration of Julia Sherwin filed in support of Plaintiffs’ unopposed

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Motion to Approve Minor’s Compromise, to be in the minor D.W.’s best interests:

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No: 2:14-CV-00782-MCE-AC: ORDER GRANTING PLAINTIFFS’ UNOPPOSED MOTION TO APPROVE MINORS’
COMPROMISE
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_____ Option 1, Sherwin Decl. Exhibit A

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_____ Option 2, Sherwin Decl. Exhibit B

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_____ Option 3, Sherwin Decl. Exhibit C

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___X__ Option 4, Sherwin Decl. Exhibit D

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Defendants, their agents, and assignees (hereinafter designated as “Payors”) shall disburse

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the proceeds of D.W.’s settlement, with a present value of $650,000, as follows:
1.

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“Haddad & Sherwin LLP;”
2.

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The sum total of $477,000 shall be made payable to “Berkshire Hathaway Life Insurance
Company of Nebraska” toward the funding of an annuity for D.W., in accordance with the

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terms set forth in Option _4__, Exhibit _D___ to the Declaration of Julia Sherwin filed with

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Plaintiffs’ unopposed Motion to Approve Minor’s Compromise;

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The sum total of $170,938.11 for D.W.’s attorneys’ fees and costs shall be made payable to

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The sum total of $2,061.89 for D.W.’s dental expenses, with all remaining funds not used to

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pay D.W.’s dental expenses to be deposited into a blocked bank account with a bank insured

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by the Federal Deposit Insurance Corporation (FDIC)— and all funds to be provided to

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D.W. after he reaches the age of 18— shall be made payable to “Haddad & Sherwin LLP

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Client Trust Account f/b/o Damien Walker”;
4.

Payors shall make the above payments within thirty (30) days of this Court’s Order granting
Plaintiffs’ unopposed Motion to Approve Minor’s Compromise.
IT IS SO ORDERED.

Dated: May 8, 2015

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No: 2:14-CV-00782-MCE-AC: ORDER GRANTING PLAINTIFFS’ UNOPPOSED MOTION TO APPROVE MINORS’
COMPROMISE
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