S.A.A.S. v. USA, et al.,

Filing 26

ORDER APPROVING MINOR'S SETTLEMENT signed by Senior Judge Morrison C. England, Jr on 5/21/20 and GRANTING 17 Motion for Disbursement of Funds. CASE CLOSED. (Kaminski, H)

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LAW OFFICES OF

WALKUP, MELODIA, KELLY & SCHOENBERGER

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A PROFESSIONAL CORPORATION

650 CALIFORNIA STREET, 26TH FLOOR
SAN FRANCISCO, CALIFORNIA 94108-2615
T: [phone] · F: [phone]

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5 DOUGLAS S. SAELTZER (State Bar #173088)
[e-mail]
6 CHRISTIAN R. JAGUSCH (State Bar #306753)
[e-mail]
7 ATTORNEYS FOR PLAINTIFF
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S.A.A.S.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION

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13 S.A.A.S., by and through her Guardian
ad Litem, Jose Jesus Acevedo Saavedra,
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Plaintiff,
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v.
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THE UNITED STATES OF AMERICA,
17 COMMUNITY MEDICAL CENTER,
ERNEST RIOS ALMENDAREZ, M.D.,
18 and DOES ONE TO TWENTY-FIVE,
inclusive,
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Defendants.
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Case No. 2:18-cv-01566-MCE-DB
ORDER APPROVING MINOR’S
SETTLEMENT

Judge: Hon. Morrison C. England Jr.
Date: May 14, 2020
Time: 2:00 p.m.
Courtroom: 7

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ORDER APPROVING SETTLEMENT - CASE NO. 2:18-cv-01566-MCE-DB

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As set forth in Plaintiff’s Unopposed Motion to Approve Minor’s Settlement

2 (ECF No. 17), on February 26, 2010 San Francisco Superior Court Judge John K.
3 Stewart approved the global settlement reached between the parties, and further
4 approved disposition of the settlement proceeds in their entirety (including the
5 $75,000 contribution made on behalf of the United States of America). See Decl. of
6 Christian Jagusch, ECF No. 17-2, Ex. F. Given those approvals, Plaintiff’s present
7 Motion (ECF No. 17) is GRANTED; and that the settlement between Plaintiff and
8 the United State of America in the amount of $75,000 is hereby approved.
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This matter having now been concluded in its entirety, the Clerk of Court is

10 directed to close the file.
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IT IS SO ORDERED.

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DATED: May 21, 2020

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LAW OFFICES OF
WALKUP, MELODIA, KELLY

& SCHOENBERGER
A PROFESSIONAL CORPORATION

650 CALIFORNIA STREET
26TH FLOOR
SAN FRANCISCO, CA 94108
[phone]

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ORDER APPROVING SETTLEMENT - CASE NO. 2:18-cv-01566-MCE-DB

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PROOF OF SERVICE
S.A.A.S. v. USA
Case No. 2:18-cv-01566-MCE-DB

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At the time of service, I was over 18 years of age and not a party to this action.
I am employed in the county where the mailing took place. My business address is
4 650 California Street, 26th Floor, City and County of San Francisco, CA 94108-2615.
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On the date set forth below, I caused to be served true copies of the following
document(s) described as:
[PROPOSED] ORDER APPROVING SETTLEMENT
to:

Joseph B. Frueh, Esq.
9 Assistant U.S. Attorney
United States Attorney’s Office
10 501 I Street, Suite 10-100
Sacramento, CA 95814
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Barry C. Marsh, Esq.
12 Scott Kanter, Esq.
Hinshaw, Marsh, Still & Hinshaw
13 12901 Saratoga Avenue
Saratoga, CA 95070
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James M. Nelson, Esq.
15 Marla N. Stayduhar, Esq.
Donnelly, Nelson, Depolo, Murray
16 & Efremsky
201 North Civic Drive, Suite 239
17 Walnut Creek, CA 94596

Attorney for Defendant
United States of America
[phone]
Fax: [phone]
[e-mail]

18 Steven R. Enochian, Esq.
Christina M. Locher, Esq.
19 Low, McKinley, Balleria
& Salenko LLP
20 2300 Contra Costa Blvd., Suite 310
Pleasant Hill, CA 94523
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Attorney for Defendants Dignity Health and
Dignity Health dba St. Joseph’s Medical
Center Stockton
Phone: [phone]
Fax: [phone]
[e-mail]
[e-mail]

22 Joseph S. Picchi, Esq.
Patricia A. Timm, Esq.
23 Galloway, Lucchese, Everson
& Picchi
24 2300 Contra Costa Blvd., Suite 350
Pleasant Hill, CA 94523-2398
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Lawrence S. Giardina, Esq.
26 Schuering, Zimmerman
& Doyle LLP
27 400 University Avenue
Sacramento, CA 95825
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Attorneys for Defendant Jacob McDowell, MD
Phone: [phone]
Fax: [phone]
[e-mail]

Attorneys for Defendant Soliman Atai, MD
Phone: [phone]
[e-mail]

Attorney for Defendant Richard Buys, MD
Phone: [phone]
Fax: [phone]
[e-mail]

Attorneys for Defendant David Anthony
Adams, MD
Phone: [phone]
[e-mail]

LAW OFFICES OF

WALKUP, MELODIA, KELLY
& SCHOENBERGER
A PROFESSIONAL CORPORATION

650 CALIFORNIA STREET
26TH FLOOR
SAN FRANCISCO, CA 94108
[phone]

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ORDER APPROVING SETTLEMENT - CASE NO. 2:18-cv-01566-MCE-DB

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ONLY BY ELECTRONIC TRANSMISSION: Only by e-mailing the
document(s) to the persons at the e-mail address(es) listed based on notice provided
4 on March 12, 2020 that, during the Coronavirus (Covid-19) pandemic, this office will
be working remotely, not able to send physical mail as usual, and is therefore using
5 only electronic mail. No electronic message or other indication that the transmission
was unsuccessful was received within a reasonable time after the transmission.
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I declare under penalty of perjury under the laws of the State of California
7 that the foregoing is true and correct.
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Executed on March 25, 2020, at San Francisco, California.

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Stacey A. Clarke

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LAW OFFICES OF
WALKUP, MELODIA, KELLY

& SCHOENBERGER
A PROFESSIONAL CORPORATION

650 CALIFORNIA STREET
26TH FLOOR
SAN FRANCISCO, CA 94108
[phone]

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ORDER APPROVING SETTLEMENT - CASE NO. 2:18-cv-01566-MCE-DB