Chalker et al v. Target Corporation

Filing 27

ORDER Adopting Report and Recommendation 26 , and Granting Motion for Approval of Minors' Compromise and Dismissal of Case 23 . Signed by Judge Thomas J. Whelan on 1/18/23. (All non-registered users served via U.S. Mail Service)(dlg)

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Case 3:22-cv-00457-W-MSB Document 27 Filed 01/18/23 PageID.207 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 STEVEN CHALKER, et al., Plaintiffs, 12 13 v. 14 TARGET CORPORATION, 15 16 Case No.: 22-CV-0457 W (MSB) Defendant. ORDER (1) ADOPTING REPORT AND RECOMMENDATION [DOC. 26), AND (2) GRANTING MOTION FOR APPROVAL OF MINORS’ COMPROMISE AND DISMISSAL OF CASE [DOC. 23] 17 On September 16, 2022, the parties filed a joint motion to approve a settlement, 18 which involves a minor, and dismiss this case. (See Motion [Doc. 23].) On December 19 23, 2022, Magistrate Judge Michael S. Berg issued a Report and Recommendation 20 (“Report”) recommending the Court grant the motion. (Report [Doc. 26] 8:17–21.) The 21 Report ordered any objections filed by January 10, 2023 and replies filed by January 17, 22 2023. (Id. 8:22–23.) The briefing is now closed and no objections have been filed. 23 Having reviewed the motion and Report, the Court accepts Judge Berg’s 24 recommendation and ADOPTS the Report [Doc. 26] in its entirety. For the reasons 25 stated therein, the Court finds the compromise and settlement is a fair and reasonable 26 resolution of the case and in the best interests of minor N.C. The Court, therefore, 27 GRANTS the motion [Doc. 23] and ORDERS as follows: 28 1 22-CV-0457 W (MSB) Case 3:22-cv-00457-W-MSB Document 27 Filed 01/18/23 PageID.208 Page 2 of 2 1 (1) 2 the minors’ proceeds shall be deposited in an interest-bearing, federally insured blocked account; 3 (2) the blocked account shall be in the legal name of the minor Plaintiff; 4 (3) no withdrawal of principal or interest may be made from the blocked 5 account without a written order of this Court, or any other court of 6 competent jurisdiction, until the minor reaches 18 years of age; 7 (4) when the minor reaches 18 years of age, the depository, without further 8 order of this Court or any other court of competent jurisdiction, is authorized 9 and directed to pay by check or draft directly to the former minor all funds, including interest, deposited under this Court’s order; and 10 11 12 (5) the guardian ad litem shall file an acknowledgment of receipt of this Court’s order confirming the Minor’s Compromise. 13 In light of the foregoing, the case is DISMISSED WITH PREJUDICE. 14 IT IS SO ORDERED. 15 Dated: January 18, 2023 16 17 18 19 20 21 22 23 24 25 26 27 28 2 22-CV-0457 W (MSB)

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