Olivas et al v. United States of America et al

Filing 76

ORDER ADOPTING REPORT AND RECOMMENDATION re 72 MOTION to Approve Minor's Compromise. Having considered the Report and Recommendation, as well as the terms of the proposed settlement agreement, Court determines that the settlement of Minor Plai ntiff's claim is fair and reasonable. Court adopts 75 Report and Recommendation and approves the proposed settlement of Minor Plaintiff's claim. Signed by Judge Marilyn L. Huff on 5/24/2018. Modified on 5/24/2018 - Edited text and added link to 72 Motion. Regenerated NEF (jah)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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GABRIEL J. OLIVAS, et al.,

Case No.: 15-cv-2882-H-AGS
Plaintiffs,

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UNITED STATES OF AMERICA,

ORDER:

v.

Defendant.

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(1) ADOPTING MAGISTRATE
JUDGE’S REPORT AND
RECOMMENDATION; and
(2) APPROVING MINOR’S
SETTLEMENT

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[Doc. Nos. 72, 75]

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This case involves wrongful death and personal injury claims brought by passengers

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of a commercial bus that crashed on February 3, 2013. (See Doc. No. 1.) On December 21,

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2015, plaintiff bus passengers and their successors in interest brought suit against

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Defendant United States (“the United States”) pursuant to the Federal Tort Claims Act.

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(Doc. No. 1.) Plaintiffs allege in the complaint that federal employees negligently inspected

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and certified the bus and its operator on two occasions before the crash. (Id. ¶¶ 29-35.)

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Plaintiff Paola Becerra Corvera (“Minor Plaintiff”) was a passenger on the bus, along with

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her mother and father.

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15-cv-2882-H-AGS

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The parties participated in mediation on January 16, 2018, and filed a notice of

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settlement the next day. (Doc. Nos. 72 at 3; 69.) On March 12, 2018, Luis Manuel de la

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Parra, Minor Plaintiff’s guardian ad litem, filed a petition for approval of Minor Plaintiff’s

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settlement in this action. (Doc. No. 72.) Under the proposed settlement’s terms, the United

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States has offered a global settlement amount of $5,500,000, which the mediator has

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allocated among the Plaintiffs based on the parties’ submissions and documentation. (Id.

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at 3-4.) Pertinent here, the mediator has allocated $60,000 of the global settlement amount

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to Minor Plaintiff. (Id. at 3.) Out of Minor Plaintiff’s $60,000 settlement allocation,

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Plaintiffs’ counsel seeks $15,000 in attorneys’ fees and $3,383.15 in litigation costs. (Id. at

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4.) The requested attorneys’ fees constitute 25% of Minor Plaintiff’s settlement allocation.

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After deduction of these fees and costs, Minor Plaintiff’s net proceeds from the settlement

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would be $41,616.85. Minor Plaintiff’s guardian ad litem requests placement of Minor

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Plaintiff’s net settlement proceeds in a blocked account at Bank of America. (Id. at 3.)

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On May 8, 2018, the Magistrate Judge filed a Report and Recommendation (“R&R”)
granting the petition. (Doc. No. 75.) No party filed any timely objection to the R&R.

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Having thoroughly considered the R&R, as well as the terms of the proposed

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settlement agreement, the Court determines that the settlement of Minor Plaintiff’s claim

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is fair and reasonable. See Robidoux v. Rosengren, 638 F.3d 1177, 1179 (9th Cir. 2011).

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Accordingly, the Court ADOPTS the R&R and APPROVES the proposed settlement of

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Minor Plaintiff’s claim.

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IT IS SO ORDERED.
DATED: May 24, 2018

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MARILYN L. HUFF, District Judge
UNITED STATES DISTRICT COURT

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15-cv-2882-H-AGS