Gonzales v. Rick Simons et al

Filing 63

ORDER RE: SETTLEMENT. Signed by Judge Samuel Conti on April 9, 2013. (sclc2, COURT STAFF) (Filed on 4/9/2013)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 United States District Court For the Northern District of California 9 10 11 12 13 14 15 16 ) Case No. 11-4319 SC ) J.G., by his Guardian Ad Litem, ) ORDER RE: SETTLEMENT JENNA GONZALES, ) ) Plaintiff, ) v. ) ) RICK SIMONS; FURTADO, JASPOVICE ) & SIMONS; SUTTER BAY HOSPITALS ) d/b/a SUTTER MEDICAL CENTER OF ) SANTA ROSE; and DOES 1 through ) 20, ) ) Defendants. ) ) 17 18 On March 22, 2013, the Court held a hearing in the above- 19 captioned matter during which, among other things, the Court 20 requested briefing on a recent Supreme Court case, an explanation 21 of Plaintiff's counsel's requested attorneys' fees, and further 22 briefing on the amount of the Medi-Cal lien reimbursable from the 23 settlement amount. 24 Plaintiff's counsel has substantially and timely complied with 25 all of these requests. 26 Plaintiff's counsel submit a one-page breakdown of the different 27 amounts that will be paid out of the settlement: e.g., of the 28 $1,025,000 settlement amount, exactly how much will go toward However, the Court further asks that 1 attorneys' fees, costs, annuities, and so forth. 2 should be a very simple description of where the money in this 3 settlement will go. 4 This document Separately, the Court has received Plaintiff's briefs in 5 further support of his petition and for the Court's final 6 determination of the Medi-Cal lien. 7 Plaintiff's concerns that the settlement money be disbursed as 8 quickly as possible and that the amount of the Medi-Cal lien be 9 determined separately, since Plaintiff and the California The Court is cognizant of United States District Court For the Northern District of California 10 Department of Health Care Services still dispute what proportion of 11 the settlement may be fairly allocated to past medical expenses. 12 While the Court agrees that the Supreme Court case Arkansas 13 Department of Health and Human Services v. Ahlborn, 547 U.S. 268 14 (2006), and its progeny are the correct cases to apply on this 15 issue, the Court declines to approve the settlement in any fashion 16 until Plaintiff submits a full and final calculation of all money 17 to be paid from the settlement fund, including the Medi-Cal lien. 18 Whether the lien amount is to be determined in negotiations or by 19 the Court after the issue is fully briefed is for the parties to 20 decide. 21 22 IT IS SO ORDERED. 23 24 Dated: April 9, 2013 25 UNITED STATES DISTRICT JUDGE 26 27 28 2

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