Reynolds et al v. San Diego, County of et al

Filing 212

ORDER: Adopting 210 The Magistrate Judge's Report and Recommendation; and Granting 209 Petitioner's Motion to Approve Minors' Compromise. Signed by Judge John A. Houston on 7/14/2020. (All non-registered users served via U.S. Mail Service) (tcf)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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TREVOR REYNOLDS, et al.,
Plaintiffs,

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Case No.: 11cv1256-JAH (AGS)
ORDER:

v.
(1) ADOPTING THE MAGISTRATE
JUDGE’S REPORT AND
RECOMMENDATION (Doc. No.
210); and

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COUNTY OF SAN DIEGO, et al.,

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Defendants.

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(2) GRANTING PETITIONER’S
MOTION TO APPROVE MINORS’
COMPROMISE (Doc. No. 209)

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Pending before the Court is the review of the Report and Recommendation, (Doc.

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No. 210), issued by the United States Magistrate Judge Andrew G. Shopler, recommending

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that Petitioner Robert R. Powell’s (guardian ad litem for minor plaintiffs H.R. and R.R.)

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motion for approval of minors’ compromise (“Petition”) (Doc. No. 209) be granted.

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Defendant filed a non-opposition to the Magistrate Judge’s Report and Recommendation.

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See Doc. No. 211.

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Upon careful consideration of Petitioner’s motion and good cause appearing, the

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Court (1) ADOPTS the Magistrate Judge’s Report and Recommendation; and (2)

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11cv1256-JAH (AGS)

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GRANTS the motion approving minors’ compromise. Accordingly, IT IS HEREBY

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ORDERED that:

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1. $35,000 of the judgment paid by Defendant County of San Diego will be used to

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fund an annuity for the benefit of Minor Plaintiff H.R. Said amount will be made

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payable to Structured Assignments, SCC to fund periodic payments as outlined

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in Exhibit 1a 1.

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2. $25,000 of the judgment paid by Defendant County of San Diego will be used to

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fund an annuity for the benefit of Minor Plaintiff R.R. Said amount will be made

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payable to Structured Assignments, SCC to fund periodic payments as outlined
in Exhibit 1b.

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3. Defendant County of San Diego’s obligation to make the periodic payments

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described herein shall be assigned to Structured Assignments, SCC through its

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segregated cell, Class F Cell, by way of a Non-Qualified Assignment and funded

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by an annuity contract issued by Security Benefit Life Insurance Company. To

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fund the periodic payments, the County shall issue checks in the amounts of the

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annuities ($35,000 and $25,000) payable to Structured Assignments, SCC, and

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shall execute the Non-Qualified Assignments and Releases.

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4. Said monies are not to be withdrawn until disbursed in accordance with the

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payment schedule set forth on Exhibits 1a and 1b hereto.

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5. Unless otherwise ordered by the Court, said monies are not to be used for Minors

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H.R. and R.R. for necessities of life while they are minors.

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References to Exhibit 1a and 1b are attached to Petitioner’s motion (Doc. No. 209) and are incorporated herein by reference.
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11cv1256-JAH (AGS)

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6. The balance of the settlement funds will be disbursed as follows:
a. $350,000.00 in attorneys’ fees, made payable to “The Law Office of
Donnie R. Cox.”
b. $72,217.90 in costs advanced, made payable to “The Law Office of Donnie
R. Cox.”

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c. The balance of $217,782.10 made payable to “The Law Office of Donnie

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R. Cox Client Trust Account and Trevor Reynolds and Heather Camacho.”
IT IS SO ORDERED.

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DATED: July 14, 2020

_____________________________
Hon. John A. Houston
United States District Judge

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11cv1256-JAH (AGS)