Vasquez et al v. County of Santa Clara et al

Filing 33

ORDER re 32 Document E-Filed Under Seal, filed by Oralia Mason, S. V., So V., Alvina Vasquez, Jason Vasquez, Jr., Gabrielle Vasquez. Signed by Judge Lucy H. Koh on 11/5/12. (Attachments: # 1 Exhibit A, # 2 Certificate/Proof of Service)(lhklc3, COURT STAFF) (Filed on 11/5/2012)

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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ALVINA VASQUEZ, individually and as cosuccessor-in-interest to Decedent JASON
VASQUEZ; GABRIELLE VASQUEZ,
individually and as co-successor-in-interest to
Decedent JASON VASQUEZ; JASON
VASQUEZ, JR., individually and as cosuccessor-in-interest to Decedent JASON
VASQUEZ; S.V., a minor, by and through her
guardian ad litem Geri Urbano, individually and
as co-successor-in-interest to Decedent JASON
VASQUEZ; So.V., a minor, by and through her
guardian ad litem Geri Urbano, individually and
as co-successor-in-interest to Decedent JASON
VASQUEZ; and ORALIA MASON,
individually,

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REDACTED ORDER APPOINTING
GUARDIAN AD LITEM AND
APPROV
MINORS’
COMPROMISE

Plaintiffs,

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Case No. C 11-05812 LHK

vs.
COUNTY OF SANTA CLARA, a municipal
corporation; et al.
Defendants.

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/

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ORDER

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PURSUANT TO PLAINTIFFS’ PETITION, the Court hereby grants Plaintiffs’ Petition
according to the terms of the petition herein:
GERI URBANO is hereby appointed the Guardian Ad Litem to prosecute the claims of Minor
Plaintiffs S

VASQUEZ and S

VASQUEZ in this action.

REDACTED ORDER TO APPOINT GUARDIAN AD LITEM AND APPROVE MINORS’ COMPROMISE

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The Court hereby approves the Petition to Compromise the Minors’ claims, and orders as

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follows:

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a. S

VASQUEZ shall receive $150,000.00 in settlement. Attorneys’ fees from this

settlement shall be at 25% of the total recovery, or $37,500.00. 21% of the total costs advanced shall
be recovered by The Law Offices of John L. Burris. Minor Plaintiff S

VASQUEZ shall

receive a net settlement of $111,617.45.
Of S

VASQUEZ’s net settlement, $11,617.45 shall be placed in an interest-bearing

blocked trust account at an FDIC insured banking institution for the benefit of Minor Plaintiff
S

VASQUEZ. From this blocked trust account, $400.00 shall be released to Minor Plaintiff

S

VASQUEZ on her 17th birthday, July
Of Minor Plaintiff S

2013, remainder payable on 18th birthday.

VASQEUZ’s net recovery, $100,000.00 will be placed in a

structured settlement through
annuitant Minor Plaintiff S

for
VASQUEZ as further set forth and described in the Petition and

Order attached as Exhibit A
b.

S

VASQEUZ shall receive $150,000.00 in settlement. Attorneys’ fees from

this settlement shall be at 25% of the total recovery, or $37,500.00. 21% of the total costs advanced
shall be recovered by The Law Offices of John L. Burris. Minor Plaintiff S

VASQUEZ shall

receive a net settlement of $111,617.45
Of S

VASQUEZ’s net settlement, $11,617.45 shall be placed in an interest-bearing

blocked trust account at an FDIC insured banking institution for the benefit of Minor Plaintiff S
VASQUEZ remainder payable on 18th birthday.
Of Minor Plaintiff S

VASQUEZ’s net recovery, $100,000.00 will be placed in a

structured settlement through
annuitant Minor Plaintiff S

for
VASQUEZ as further set forth and described in the Petition and

Order attached as Exhibit A.
No other distribution may occur without first obtaining an Order of the Court. Any draft of
withdrawal is to show such endorsement. Bond is hereby waived. A copy of this Order shall be

REDACTED ORDER TO APPOINT GUARDIAN AD LITEM AND APPROVE MINORS’ COMPROMISE

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delivered to payer forthwith. Attorney fees are not due or payable until such time as the balance of

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the funds have been deposited pursuant to the Order; and,
Upon receipt of the full amount of the settlement sum herein approved and the deposit of the

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funds, Petitioner is hereby authorized and directed to execute and deliver to payer and defendants

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COUNTY OF SANTA CLARA, if Petitioner has not yet done so at that time, a full, complete, and

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final Release and discharge of and from any and all claims and demands of said minors by reason of

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the incident described in said Petition and the resulting injuries and damages to said minors.
IT IS SO ORDERED.

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Dated:

_____________________________
HON. LUCY H. KOH
UNITED STATES DISTRICT COURT JUDGE

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REDACTED ORDER TO APPOINT GUARDIAN AD LITEM AND APPROVE MINORS’ COMPROMISE

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