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)

Case 3:22-cv-00457-W-MSB Document 27 Filed 01/18/23 PageID.207 Page 1 of 2

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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STEVEN CHALKER, et al.,
Plaintiffs,

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v.

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TARGET CORPORATION,

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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]

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On September 16, 2022, the parties filed a joint motion to approve a settlement,

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which involves a minor, and dismiss this case. (See Motion [Doc. 23].) On December

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23, 2022, Magistrate Judge Michael S. Berg issued a Report and Recommendation

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(“Report”) recommending the Court grant the motion. (Report [Doc. 26] 8:17–21.) The

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Report ordered any objections filed by January 10, 2023 and replies filed by January 17,

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2023. (Id. 8:22–23.) The briefing is now closed and no objections have been filed.

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Having reviewed the motion and Report, the Court accepts Judge Berg’s

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recommendation and ADOPTS the Report [Doc. 26] in its entirety. For the reasons

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stated therein, the Court finds the compromise and settlement is a fair and reasonable

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resolution of the case and in the best interests of minor N.C. The Court, therefore,

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GRANTS the motion [Doc. 23] and ORDERS as follows:

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22-CV-0457 W (MSB)

Case 3:22-cv-00457-W-MSB Document 27 Filed 01/18/23 PageID.208 Page 2 of 2

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(1)

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the minors’ proceeds shall be deposited in an interest-bearing, federally
insured blocked account;

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(2)

the blocked account shall be in the legal name of the minor Plaintiff;

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(3)

no withdrawal of principal or interest may be made from the blocked

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account without a written order of this Court, or any other court of

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competent jurisdiction, until the minor reaches 18 years of age;

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(4)

when the minor reaches 18 years of age, the depository, without further

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order of this Court or any other court of competent jurisdiction, is authorized

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and directed to pay by check or draft directly to the former minor all funds,
including interest, deposited under this Court’s order; and

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(5)

the guardian ad litem shall file an acknowledgment of receipt of this Court’s
order confirming the Minor’s Compromise.

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In light of the foregoing, the case is DISMISSED WITH PREJUDICE.

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IT IS SO ORDERED.

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Dated: January 18, 2023

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22-CV-0457 W (MSB)