Barwari et al v. Wal-Mart Stores, Inc. et al

Filing 25

ORDER Granting #22 Unopposed Amended Motion to Confirm Minor's Compromise. Signed by Judge Michael M. Anello on 5/10/2017. (ag)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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VEENA BARWARI, a minor, by and
through her guardian ad litem, Michelle
Leffew,

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Case No.: 16cv3041-MMA (BGS)
ORDER GRANTING UNOPPOSED
AMENDED MOTION TO CONFIRM
MINOR’S COMPROMISE

Plaintiff,
v.
WAL-MART STORES, INC., et al.,

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[Doc. No. 22]

Defendants.

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On April 26, 2017, Petitioner Michelle Leffew, as guardian ad litem of Minor

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Plaintiff Veena Barwari, filed a motion to confirm the proposed settlement of this action.

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Defendants Wal-Mart Stores, Inc., and World and Main (Cranbury), LLC, do not oppose

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the motion. See Doc. No. 24. For the reasons set forth below, the Court GRANTS the

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motion.

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DISCUSSION
“District courts have a special duty, derived from Federal Rule of Civil Procedure

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17(c), to safeguard the interests of litigants who are minors.” Robidoux v. Rosengren,

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638 F.3d 1177, 1181 (9th Cir. 2011). As such, the Court must “independently investigate

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and evaluate any compromise or settlement of a minor’s claims to assure itself that the
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16cv3041-MMA (BGS)

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minor’s interests are protected . . . even if the settlement has been recommended or

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negotiated by the minor’s parent or guardian ad litem.” Salmeron v. United States, 724

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F.2d 1357, 1363 (9th Cir. 1983). Courts must consider “whether the net amount

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distributed to each minor plaintiff in the settlement is fair and reasonable, in light of the

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facts of the case, the minor’s specific claim, and recovery in similar cases.” Robidoux,

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638 F.3d at 1182.

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The proposed gross settlement amount is $60,000.00. The proposed attorney fee

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percentage is 25% for a total of $15,000.00. The balance of $45,000 will be paid to the

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minor, minus a $2,000.00 medical lien and $4,216.38 in costs, resulting in a net recovery

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of $38,783.62. Upon consideration of the minor’s claims, the terms of the settlement,

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and recoveries in similar cases, the Court finds the settlement in this case to be fair and

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reasonable.

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CONCLUSION AND ORDER

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Based on the foregoing, the Court APPROVES the proposed settlement of this

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action, GRANTS Petitioner’s motion, and CONFIRMS the compromise of the minor’s

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claims. Accordingly, IT IS HEREBY ORDERED:

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1.

Plaintiff Veena Barwari (“the Minor Plaintiff”), will receive $60,000.00 by way

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of settlement (“the settlement amount”), in the form of a check payable to

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“Gilliland & Gilliland Client-Trust Fund and Michelle Leffew, Esq. as

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Guardian ad litem to VEENA BARWARI.”

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2.

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From the settlement amount, $15,000.00 will be paid to plaintiff’s counsel as
attorney’s fees.

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3.

The balance of the settlement amount, $45,000.00, minus the $2,000.00 medical

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lien and $4,216.38 in costs, must be deposited in a federally-insured, interest

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bearing blocked account. No withdrawals of principal or interest may be made

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from the blocked account without a written order of this Court, until the Minor

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Plaintiff attains the age of 18 years.

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///
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16cv3041-MMA (BGS)

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4.

The parties must file a joint motion to dismiss this action on or before
June 2, 2017.
IT IS SO ORDERED.

DATE: May 10, 2017

_______________________________________
HON. MICHAEL M. ANELLO
United States District Judge

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16cv3041-MMA (BGS)