Tackberry et al v. The County of Alameda et al

Filing 73

ORDER APPROVING MINOR'S COMPROMISE. Signed by Judge Alsup on August 2, 2010. (whalc2, COURT STAFF) (Filed on 8/2/2010)

Tackberry et al v. The County of Alameda et al

Doc. 73

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MICHAEL B. IJAMS (Bar No. 084150) MARIA C. JAIME (Bar No. 231502) CURTIS LEGAL GROUP A Professional Law Corporation 1300 K Street, Second Floor (95354) P.O. Box 3030 Modesto, CA 95353 [phone]; [phone] FAX [e-mail] [e-mail] Attorneys for Plaintiffs Elizabeth Tackaberry and J.E.L., a minor, by and through her Guardian ad Litem Jovita Muņoz Lopez UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

ELIZABETH TACKABERRY and J.E.L., a minor, by and through her Guardian ad Litem, Jovita Muņoz Lopez, Plaintiffs, v. THE COUNTY OF ALAMEDA; ALAMEDA COUNTY SHERIFF'S DEPARTMENT; SHERIFF GREGORY AHERN, individually and in his official capacity; SANTA RITA JAIL; CITY of LIVERMORE; LIVERMORE POLICE DEPARTMENT; STEVE SW EENEY, in his official capacity and individually; PUBLIC HEALTH SERVICES, INC; and DOES 1 to 100, inclusive, Defendants. /

No. 08-CV05762 WHA [PROPOSED] ORDER APPROVING MINOR'S COMPROMISE.

The Court, having reviewed the settlement terms, the facts and circumstances surrounding the case, and the PETITION FOR COURT APPROVAL OF MINOR'S COMPROMISE of Plaintiff J.E.L., a minor, by and through her Guardian ad Litem Jovita Muņoz Lopez, and supporting documents, and good cause appearing therefore,

[ P R O P O S E D ] ORDER APPROVING M IN O R 'S COM P R O M IS E C a s e No. 08-CV05762 W H A

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THE COURT Hereby approves the settlement conditions set forth in Plaintiff's PETITION FOR COURT APPROVAL OF MINOR'S COMPROMISE and supporting documents and declarations, and IT IS ORDERED that the gross amount of settlement in favor of claimant is $106,666.67. The proceeds of the settlement shall be disbursed in the following manner: Fees, costs, and expenses: Fees, costs, and expenses shall be paid by one or more checks or drafts, drawn payable to the following persons/entities. 1) Reimbursement for advanced costs and expenses: $9,789.30 shall be payable to Curtis Legal Group. 2) Payment for attorney's fees: $26,666.67 shall be payable to Curtis Legal Group. Total allowance for fees, costs, and expenses from the settlement: $36,455.97. Balance: The balance of the settlement available for claimant after payment for all allowed fees, costs and expenses is: $70,210.70. The balance shall be paid by one or more checks or drafts drawn payable to the following persons/entities: 3) Blocked account: $35,105.35 shall be payable to the petitioner as trustee for the claimant. Each such check or draft must bear an endorsement on the face or reverse that it is for deposit in an interest-bearing, federally insured account in the name of petitioner as trustee for claimant, and no withdrawals may be made except as provided by a further written order under this case name and number, signed by a judicial officer, and bearing the seal of this court. When the minor attains the age of 18 years, the depository, without further order from this court, is authorized and directed to pay by check or draft directly to the former minor, upon proper demand, all moneys including interest deposited under this order. The money on deposit is not subject to escheat. 4) Annuity: $35,105.35 shall be payable to the petitioner as trustee for the claimant. Each such check or draft must bear an endorsement on the face or reverse
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that it is for deposit in a single-premium deferred annuity in the name of petitioner as trustee for claimant, and no withdrawals may be made except as provided by a further written order under this case name and number, signed by a judicial officer, and bearing the seal of this court. The money on deposit is not subject to escheat, and IT IS FURTHER ORDERED, that within 30 days of receipt of a check or draft described above under paragraphs 3 and 4, the petitioner or petitioner's attorney must deposit the check or draft in the petitioner's name as trustee for the claimant into one or more blocked accounts and annuities as described above, and IT IS FURTHER ORDERED, that upon receipt of the full amount of the settlement sum approved by this order and the deposit of funds, the petitioner is authorized and directed to execute to the payers a full, complete, and final release and discharge of any and all claims and demands of the claimant by reason of the incident described in the petition and the resultant injuries to the claimant. Petitioner is further authorized and directed to properly execute a dismissal with prejudice.

DATED:

August 2, 2010.

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