Basque et al. v. County of Placer et al.

Filing 39

ORDER signed by Magistrate Judge Kendall J. Newman on 8/8/2017 APPROVING the 38 Stipulation for Approval of Settlement Agreement and Minors' Compromise; ORDERING the parties to file an appropriate stipulation to dismiss this action within seven (7) days of execution of the settlement agreement. (Michel, G.)

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1 Mark E. Merin (State Bar No. 043849) Paul H. Masuhara (State Bar No. 289805) 2 LAW OFFICE OF MARK E. MERIN 3 4 5 6 7 8 9 10 11 12 13 1010 F Street, Suite 300 Sacramento, California 95814 Telephone: (916) 443-6911 Facsimile: (916) 447-8336 E-Mail: mark@markmerin.com paul@markmerin.com Attorneys for Plaintiffs RYAN D. BASQUE and DENISE M. BASQUE PLACER COUNTY COUNSEL’S OFFICE BRETT D. HOLT (SBN 133525) 175 Fulweiler Avenue Auburn, California 95603 Telephone: (530) 889-4044 Facsimile: (530) 889-4069 Email: bholt@placer.ca.gov Attorney for Defendants COUNTY OF PLACER, PLACER COUNTY SHERIFF’S OFFICE, EDWARD N. BONNER, ERIC J. LOPPIN, WILLIAM K. OLSON, MATT H. WINCZNER, and DEVON M. BELL 14 UNITED STATES DISTRICT COURT 15 EASTERN DISTRICT OF CALIFORNIA 16 17 RYAN D. BASQUE, et al., 18 19 20 21 22 23 24 25 26 27 28 SACRAMENTO DIVISION Case No. 2:16-cv-02760-KJN STIPULATION TO APPROVE SETTLEMENT AGREEMENT AND MINORS’ COMPROMISE; ORDER Plaintiffs, vs. COUNTY OF PLACER, et al., Defendants. Plaintiffs Ryan D. Basque and Denise M. Basque (collectively, “Plaintiffs”), including Plaintiff Ryan D. Basque as Court-appointed guardian ad litem for non-party minors S.B. and E.B., and Defendants County of Placer, Placer County Sheriff’s Office, Edward N. Bonner, Eric J. Lopin, William K. Olson, Matt H. Winczner, and Devon M. Bell (collectively, “Defendants”) submit the following stipulation to approve settlement agreement and minors’ compromise. I. STATEMENT OF RELEVANT FACTS 30 On November 22, 2016, Plaintiffs initiated the instant matter. See ECF No. 1. Generally, the 1 31 Basque v. County of Placer, United States District Court, Eastern District of California, Case No. 2:16-cv-02760-KJN STIPULATION TO APPROVE SETTLEMENT AGREEMENT AND MINORS’ COMPROMISE; ORDER 1 2 action arises out of alleged civil rights violations by individual Defendants employed by public entity Defendants. 3 4 5 6 7 8 9 10 11 12 13 On December 27, 2016, Defendants responded, substantively denying the allegations. See ECF No. 15. On June 27, 2017, the parties engaged in private mediation before Hon. Frank C. Damrell, Jr. (Ret.). Declaration of Mark E. Merin (“Merin Decl.”), ¶2. On July 19, 2017, the parties reached the terms of a settlement agreement that resolved the entire action and all claims thereto, including the potential but as-yet-asserted claims of non-party minors S.B. and E.B. who were present during the beginning of the subject incident giving rise to the action. Merin Decl., ¶3. Specifically, Plaintiffs agreed to settle their claims, as well as the claims of S.B. and E.B. Merin Decl., ¶¶4-5. On July 26, 2017, this Court approved Plaintiff Ryan D. Basque’s unopposed request for appointment as guardian ad litem for S.B. and E.B. See ECF No. 36. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 30 II. 1. STIPULATION Plaintiffs Ryan D. Basque and Denise M. Basque, including Plaintiff Ryan D. Basque as Court-appointed guardian ad litem for non-party minors S.B. and E.B., and Defendants County of Placer, Placer County Sheriff’s Office, Edward N. Bonner, Eric J. Lopin, William K. Olson, Matt H. Winczner, and Devon M. Bell, have reached the terms of a settlement agreement completely and finally resolving all claims which were asserted, and which could be asserted, in connection with the instant action. 2. Non-party minors S.B. and E.B. potentially have as-yet-asserted claims arising from this action. Plaintiff Ryan D. Basque, in his capacity as Court-appointed guardian ad litem for S.B. and E.B., seeks to sign the parties’ settlement agreement on behalf of S.B. and E.B., compromising their claims. 3. The parties agree that Plaintiffs will withhold $1,000 from their portion of the settlement proceeds for each of S.B. and E.B., for a total of $2,000. These withheld funds will be placed in a blocked bank account and held for the benefit of S.B. and E.B. until the date on which each reaches the age of majority. Each of S.B. and E.B. shall receive $1,000 on the date they reach majority, pursuant to the terms of the parties’ settlement agreement. 4. Plaintiff Ryan D. Basque, in his capacity as Court-appointed guardian ad litem for S.B. 2 STIPULATION TO APPROVE SETTLEMENT AGREEMENT AND MINORS’ COMPROMISE; ORDER 31 Basque v. County of Placer, United States District Court, Eastern District of California, Case No. 2:16-cv-02760-KJN 1 2 3 4 and E.B., will be responsible for procuring, maintaining, and, when appropriate, distributing the funds to each of S.B. and E.B. IT IS SO STIPULATED. Dated: August 3, 2017 Respectfully Submitted, LAW OFFICE OF MARK E. MERIN 5 6 /s/ Mark E. Merin 7 By: __________________________________ Mark E. Merin 8 Attorney for Plaintiffs RYAN D. BASQUE and DENISE M. BASQUE 9 10 11 12 13 14 15 16 17 Dated: August 3, 2017 Respectfully Submitted, PLACER COUNTY COUNSEL’S OFFICE /s/ Brett D. Holt (as authorized on August 3, 2017) By: __________________________________ Brett D. Holt Attorneys for Defendants COUNTY OF PLACER, PLACER COUNTY SHERIFF’S OFFICE, EDWARD N. BONNER, ERIC J. LOPPIN, WILLIAM K. OLSON, MATT H. WINCZNER, and DEVON M. BELL 18 19 20 21 22 23 24 25 26 27 28 30 3 31 Basque v. County of Placer, United States District Court, Eastern District of California, Case No. 2:16-cv-02760-KJN STIPULATION TO APPROVE SETTLEMENT AGREEMENT AND MINORS’ COMPROMISE; ORDER 1 III. 2 3 4 Pursuant to the terms of the parties’ stipulation, and consistent with E.D. Cal. L.R. 202, the Court APPROVES the parties’ stipulation to approve settlement agreement and minors’ compromise in this matter. 5 6 7 8 9 1. 12 Placer County Sheriff’s Office, Edward N. Bonner, Eric J. Lopin, William K. Olson, Matt H. Winczner, and Devon M. Bell’s settlement agreement, completely and finally resolving all claims which were asserted, and which could be asserted, in connection with the instant action, is APPROVED. 2. 15 16 17 and E.B., compromising their claims. 3. 20 Court ORDERS that these withheld funds be placed in a blocked bank account and held for the benefit of S.B. and E.B. until the date on which each reaches the age of majority. Each of S.B. and E.B. shall receive $1,000 on the date they reach majority, pursuant to the terms of the parties’ settlement agreement. 4. each of S.B. and E.B. 5. 25 26 27 28 The Court maintains jurisdiction over the terms of this Order and the ability to modify its terms, if necessary. 23 24 Plaintiff Ryan D. Basque, in his capacity as Court-appointed guardian ad litem for S.B. and E.B., will be responsible for procuring, maintaining, and, when appropriate, distributing the funds to 21 22 Pursuant to the terms of the parties’ agreement, Plaintiffs are ORDERED to withhold $1,000 from their portion of the settlement proceeds for each S.B. and E.B., for a total of $2,000. The 18 19 Plaintiff Ryan D. Basque, in his capacity as Court-appointed guardian ad litem for S.B. and E.B., is AUTHORIZED and ORDERED to sign the parties’ settlement agreement on behalf of S.B. 13 14 Plaintiffs Ryan D. Basque and Denise M. Basque, including Plaintiff Ryan D. Basque as Court-appointed guardian ad litem for non-party minors S.B. and E.B., and Defendants County of Placer, 10 11 ORDER 6. The parties shall file an appropriate stipulation to dismiss the action within seven (7) days of execution of the settlement agreement. //// //// //// //// 30 4 31 Basque v. County of Placer, United States District Court, Eastern District of California, Case No. 2:16-cv-02760-KJN STIPULATION TO APPROVE SETTLEMENT AGREEMENT AND MINORS’ COMPROMISE; ORDER 1 IT IS SO ORDERED. 2 3 Dated: August 8, 2017 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 30 5 31 Basque v. County of Placer, United States District Court, Eastern District of California, Case No. 2:16-cv-02760-KJN STIPULATION TO APPROVE SETTLEMENT AGREEMENT AND MINORS’ COMPROMISE; ORDER

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