McCloskey et al v. Helmick et al

Filing 110

ORDER GRANTING DEFENDANTS' MOTION TO ENFORCE SETTLEMENT AGREEMENT. Signed by Judge Maxine M. Chesney on October 29, 2012. (mmclc2, COURT STAFF) (Filed on 10/29/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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SEAN FRANCIS McCLOSKEY, LAILA
McCLOSKEY, and D.M.,

No. C 05-4641 MMC
ORDER GRANTING DEFENDANTS’
MOTION TO ENFORCE SETTLEMENT
AGREEMENT

Plaintiffs,
v.

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M. E. COURTNIER, et al.,

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Defendants.

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Before the Court is defendants’ “Motion for Enforcement of Settlement Agreement,”

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filed September 21, 2012. Plaintiffs have filed opposition, to which defendants have

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replied. The matter came on regularly for hearing October 26, 2012. Adante D. Pointer of

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the Law Offices of John L. Burris appeared on behalf of plaintiffs. John P. Devine of the

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Office of the Attorney General of California appeared on behalf of defendants. Having read

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and considered the parties’ respective written submissions and considered the arguments

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of counsel at the hearing, the Court rules as follows.

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Good cause appearing, and for the reasons stated on the record at the hearing, the

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motion is hereby GRANTED, and the minor plaintiff Desmond McCloskey’s claims against

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defendant M. E. Courtnier are hereby ordered COMPROMISED in accordance with the

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terms of the settlement set forth in the petition as initially submitted to the Court on June

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14, 2012. (See Pls.’ Administrative Mot. filed June 14, 2012; Defs.’ Ex. 7, filed October 26,

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2012.)

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The settlement funds in the amount of $1500 shall be placed in an interest-bearing

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blocked trust account at an FDIC-insured banking institution for the benefit of the minor

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plaintiff Desmond McCloskey and shall be made available to him, along with any interest

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accrued thereon, as of his 18th birthday; prior to that date, said funds shall be subject to

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withdrawal only upon authorization of the Court.

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IT IS SO ORDERED.

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Dated: October 29, 2012
MAXINE M. CHESNEY
United States District Judge

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