Clines v. County of San Diego et al

Filing 58

ORDER Adopting Report and Recommendation 56 with Modification, and Granting Amended Motion to Confirm Minors' Compromise 48 . Defendants motion to dismiss the complaint 41 is terminated as moot. Signed by Judge Thomas J. Whelan on 11/21/22. (dlg)

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Case 3:20-cv-02504-W-BLM Document 58 Filed 11/21/22 PageID.488 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 12 13 14 K.C.A. (by and through his guardian, Amanda Purvis), individually, and as a successor in interest to his father, Mark Armendo, deceased, PATRICE CLINES, individually, 17 18 ORDER (1) ADOPTING REPORT AND RECOMMENDATION [DOC. 56] WITH MODIFICATION, AND (2) GRANTING AMENDED MOTION TO CONFIRM MINORS’ COMPROMISE [DOC. 48] Plaintiffs, 15 16 Case No.: 20-cv-02504-W-BLM v. COUNTY OF SAN DIEGO, Defendant. 19 20 On June 3, 2022, Plaintiffs filed a petition for approval of minor’s compromise. 21 (Petition [Doc. 48].) On November 10, 2022, Magistrate Judge Barbara L. Major issued 22 a Report and Recommendation (“Report”) recommending the Court grant the petition. 23 (Report [Doc. 56] at 1:25.) The Report ordered any objections filed by November 25, 24 2022. (Id. at 11:5-6.) On November 14, 2022, the parties submitted a joint statement 25 regarding the Report. (Joint Statement [Doc. 57].) The parties did not object to the 26 Report and waived the applicable objection period but requested that the Report be 27 modified such that the final order requires payment to Brody McBride Law, 2011 28 1 21-cv-02504-W-BLM Case 3:20-cv-02504-W-BLM Document 58 Filed 11/21/22 PageID.489 Page 2 of 2 1 Palomar Airport Road, Suite 101 Carlsbad, CA 92011 instead of to Lamere Legal. 2 (Petition at 1:23-28; Report at 10, item 1.) 3 Having reviewed the petition, the Report, and the joint statement, the Court accepts 4 Judge Major’s recommendation and ADOPTS the Report [Doc. 56] in its entirety, except 5 as to the modification requested by the parties. For the reasons stated therein, the Court 6 finds the compromise and settlement of the claims of minor K.C.A are fair and 7 reasonable and in his best interests and, therefore, GRANTS the petition [Doc. 56] and 8 ORDERS as follows: 9 (1) within twenty-one (21) days of this Order, Defendant must provide 10 Plaintiffs’ counsel with a check in the amount of $75,000.00 made payable 11 to Brody McBride Law, 2011 Palomar Airport Road, Suite 101 Carlsbad, 12 CA 92011; 13 (2) upon receipt of the $75,000.00, Plaintiffs’ counsel shall retain $27,375.00 14 for attorney’s fees and use the remaining money to pay the hard costs 15 incurred during the litigation, the remaining medical liens, and Plaintiff Ms. 16 Clines; 17 (3) within thirty (30) days of this Order, the minor’s net settlement proceeds, 18 $9,441.50, are to be deposited in K.C.A.’s 529 education savings account, 19 which is an interest-bearing, federally insured account; and 20 21 22 23 24 25 (4) a joint motion for dismissal of the instant case must be filed within five days after Plaintiffs’ counsels’ receipt of the settlement check. In light of the foregoing, Defendant’s motion to dismiss the complaint [Doc. 41] is TERMINATED as moot. IT IS SO ORDERED. Dated: November 21, 2022 26 27 28 2 21-cv-02504-W-BLM

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