E.S. v. Ampla Health et al

Filing 23

ORDER APPROVING MINOR'S COMPROMISE signed by Senior Judge Morrison C. England, Jr. on 2/6/2024. CASE CLOSED.(Mena-Sanchez, L)

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1 2 3 4 5 6 7 LAWRENCE A. PURITZ, SBN 80555 SEAN PURITZ, SBN 294624 LAW OFFICES OF LAWRENCE A. PURITZ PO BOX 935 Chico, CA 95927 Phone: 530-343-1614 Fax: 530-343-1629 Email: Puritz@NorthValleyLawyer.com CC: PuritzLawOffices@NorthValleyLawyer.com Attorney for Plaintiff, ES, a minor, by and through her Guardian Ad Litem, Ross Sandberg 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 12 13 14 15 ES, a minor, by and through her Guardian Ad Litem, Ross Sandberg, Plaintiff, v. 16 United States of America 17 18 Defendants Defendants. 19 ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 2:22-CV-02138-MCE-DMC District Judge Morrison C. England, Jr. Magistrate Judge Dennis M. Cota ORDER APPROVING MINOR’S COMPROMISE 20 21 22 23 24 AFTER HAVING REVIEWED PETITIONER’S PETITION FOR APPROVAL OF MINOR’S COMPROMISE, AND BOTH PARTIES HAVING BEEN HEARD BEFORE THE OURT, IT HEREBY ORDERS: 1. That the Petition is granted and the Minor’s Compromise is approved. 2. That the settlement is the sum of $140,000.00. 25 3. As to the minor plaintiff E.S., her net recovery after deduction for attorneys’ fees is and 26 advanced costs 110,000.00. That sum will be used by the United States to purchase an annuity 27 contract from a life insurance company with at least an A+ or A++ rating by A.M. Best Company 28 rating service for the benefit of E.S. After the purchase of the annuity contract by the United States, the life insurance company will make the following periodic payment to E.S.: ORDER APPROVING MINOR’S COMPROMISE Case No: 2:22-CV-02138-MCE-DMC –1– (1) $15,000.00 per year for 4 years certain, (4 payments) beginning on or about June 1, 1 2 3 4 2032. (2) Lump sum of $50,000.00 at age 25 paid on or about December 11, 2039 and lump sum of $120,000.00 paid on or about December 11, 2044. This proposed annuity provides a $60,000.00 college fund. 5 6 4. Attorneys fees in the sum of $35,000.00 (25%), reduced to $24,766.34, and costs advanced of $5,233.66 are granted. 7 5. The Clerk of the Court is directed to close this case. 9 IT IS SO ORDERED. 10 Dated: February 6, 2024 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER APPROVING MINOR’S COMPROMISE Case No: 2:22-CV-02138-MCE-DMC –2–

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