Padilla v. Beard et al

Filing 305

ORDER RE: PLAINTIFF JERMAINE PADILLA SPECIAL NEEDS TRUST signed by District Judge Kimberly J. Mueller on 4/11/18. (Mena-Sanchez, L)

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1 2 3 4 Lori Rifkin, Esq. [S.B. # 244081] HADSELL STORMER & RENICK LLP 4300 Horton Street, #15 Emeryville, CA 94608 Telephone: (415) 685-3591 Facsimile: (626) 577-7079 Email: 5 6 7 8 9 10 11 Dan Stormer, Esq. [S.B. #101967] Caitlan McLoon, Esq. [S.B. #302798] HADSELL STORMER & RENICK LLP 128 N. Fair Oaks Avenue Pasadena, California 91103 Telephone: (626) 585-9600 Facsimile: (626) 577-7079 Emails: Attorneys for Plaintiff 12 13 14 UNITED STATES DISTRICT COURT 15 EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION 16 Jermaine Padilla, Case No.: 2:14-cv-01118-KJM-CKD 17 18 19 20 Plaintiff, v. Jeffrey Beard, et al., [Assigned to the Honorable Kimberly J. Mueller – Courtroom 3] ORDER RE: PLAINTIFF JERMAINE PADILLA SPECIAL NEEDS TRUST Defendants. 21 Complaint Filed: Trial Date: 22 23 24 25 26 27 28 ORDER RE: PLAINTIFF JERMAINE PADILLA’S SPECIAL NEEDS TRUST May 6, 2014 April 17, 2017 1 ORDER 2 Following this Court’s Order on December 6, 2017, approving the settlement in this case 3 including the establishment of a special needs trust, and having received and reviewed the requested 4 notice of identity of Trustee and the executed Trust documents, IT IS HEREBY ORDERED: 5 1. The United States District Court, Eastern District of California establishes the 6 Jermaine Padilla Special Needs Trust, having previously found that Mr. Padilla has a 7 disability that substantially impairs his ability to provide for his own care or custody, 8 that he is likely to have special needs that will not be met without the Trust, and that 9 the money to be paid to the Trust does not exceed the amount that appears reasonably 10 11 necessary to meet his special needs; 2. The Trustee, Mark Watson, shall petition the Santa Barbara County Probate Court to 12 bring the Jermaine Padilla Special Needs Trust under ongoing court jurisdiction and 13 to comply with the bond and ongoing court account requirements; 14 3. 15 16 Trustee of the Jermaine Padilla Special Needs Trust; 4. 17 18 21 22 23 Bond will be filed in the amount required by California Rules of Court 7.207 by the County Probate Court overseeing the Trust; 5. 19 20 The payment of all monies due plaintiff in the settlement shall be paid directly to the The Trustee of the Jermaine Padilla Special Needs Trust is authorized to invest in mutual funds and bonds with maturity dates greater than five years; and 6. The Trust is directed to make payment $4,003.50 to The Urbatsch Law Firm, P.C., for the legal services rendered to Petitioner. IT IS SO ORDERED. DATED: April 11, 2018. 24 UNITED STATES DISTRICT JUDGE 25 26 27 28 PADILLA SPECIAL NEED TRUST -1-

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