Ocampo v. United States of America et al

Filing 257

ORDER denying #254 Ex Parte Motion. Signed by Magistrate Judge William V. Gallo on 6/05/2020. (djk)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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KAREN OCAMPO, as the personal
representative of SALOMON
RODRIGUEZ,

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Case No.: 15-CV-180-JAH-WVG
ORDER ON PLAINTIFF’S EX
PARTE MOTION TO APPROVE
DISTRIBUTION OF MINOR’S
SETTLEMENT FUNDS

Plaintiff,

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v.

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UNITED STATES OF AMERICA; and
NATIONAL STEEL AND
SHIPBUILDING COMPANY,

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Defendants.

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On June 4, 2020, Plaintiff filed an Ex Parte Motion to Approve Distribution of

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Minor’s Settlement Funds (“Motion”). (Doc. No. 254.) On June 5, 2020 Defendant

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National Steel and Shipbuilding Company (“NASSCO”) filed its Opposition to Plaintiff’s

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Motion. (Doc. No. 256.) Having reviewed and considered the Parties’ submissions, the

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Court hereby DENIES Plaintiff’s Motion without prejudice. The Court finds salient that

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neither party has provided notice of settlement to the presiding probate court judge. Such

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lack of notice is at odds with Plaintiff’s counsel’s representations during the September 18,

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2019 confidential settlement proceedings before Judge Houston that the probate court

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judge ordered counsel to provide such notice before any distribution was to occur.
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15-CV-180-JAH-WVG

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Accordingly, the Court hereby ORDERS counsel to jointly notify the probate court judge

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and guardian ad litem of the Parties’ notice and proposed distribution of the minor’s

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settlement funds no later than Friday, June 12, 2020. Within two (2) business days of the

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probate court judge’s order approving the Parties’ settlement and proposed distribution, the

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Parties shall jointly contact this Court’s Chambers to coordinate further proceedings in this

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matter.

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IT IS SO ORDERED.
Dated: June 5, 2020

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15-CV-180-JAH-WVG