S.S. v. Oakland Unified School District et al

Filing 40

ORDER by Hon. Haywood S. Gilliam, Jr. GRANTING 37 Motion to Approve Settlement Agreement of Minor's Claim. (hsglc2S, COURT STAFF) (Filed on 11/9/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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S.S. (A MINOR) BY AND THROUGH JILL
AND KRIS SULKA AS GUARDIANS AD
LITEM FOR S.S.,
Plaintiff,

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United States District Court
Northern District of California

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v.
OAKLAND UNIFIED SCHOOL
DISTRICT,

Case No. 16-cv-05632-HSG
ORDER GRANTING MOTION TO
APPROVE SETTLEMENT
AGREEMENT OF MINOR’S CLAIM
AND APPORTIONMENT OF
SETTLEMENT PROCEEDS
Re: Dkt. No. 37

Defendant.
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Pending before the Court is the unopposed motion for an order to approve the settlement of

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claims and the related distribution of settlement proceeds as entered into by Plaintiff S.S., a minor,

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by and through her Guardians ad litem, Jill and Kriss Sulka, (collectively, “Plaintiff”) and

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Defendant Oakland Unified School District (“Defendant”). See Dkt. No. 37.

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Upon review of the motion and following the hearing held on November 9, 2017, the Court

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finds that the settlement is in the best interest of S.S. Cf. Robidoux v. Rosengren, 638 F.3d 1177,

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1181 (9th Cir. 2011) (“District courts have a special duty, derived from Federal Rule of Civil

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Procedure 17(c), to safeguard the interests of litigants who are minors [which includes a duty to]

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conduct its own inquiry to determine whether the settlement serves the best interest of the

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minor.”). Under the settlement agreement, Defendant will pay $85,000 for Plaintiff’s benefit, will

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reimburse mediation costs, and will cooperate in S.S.’s inter-district transfer. See Dkt. No. 38 at

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3–4. The Court further finds that the parties’ proposed apportionment of the settlement proceeds

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is fair, including the attorneys’ fees award to Leigh Law Group, P.C. given their diligence in

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prosecuting this action to date.

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Accordingly, the Court GRANTS the motion to approve the settlement agreement and the

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following disbursement of settlement proceeds:
1. Defendant shall deposit $54,825.08 in settlement and $3,600 for the mediation fee
into the Leigh Law Group, P.C.’s client trust account;
2. $42,225.04 shall be payable to the Leigh Law Group, P.C. for its attorneys’ fees
and costs;
3. The remaining $12,600.04 shall be payable to S.S. in a blocked account at a
federally insured financial institution; and
4. Defendant shall deposit $33,774.92 with Barco Assignments for a deferred annuity

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with Liberty Life Assurance Company of Boston pursuant to California Probate

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Code § 3611(b), which will begin payment to S.S. at age 21 for a period of five

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United States District Court
Northern District of California

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years.

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The parties shall have 60 days from the date of this order to complete the disbursement as directed

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above. The clerk is directed to close the case.

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IT IS SO ORDERED.
Dated: 11/9/2017
______________________________________
HAYWOOD S. GILLIAM, JR.
United States District Judge

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