Sauceda et al v. City Of North Las Vegas et al

Filing 179

ORDER. re 174 Motion. The parties must file a joint submission identifying recoveries obtained in other similar cases by 4/27/2020. Signed by Magistrate Judge Nancy J. Koppe on 4/13/2020. (Copies have been distributed pursuant to the NEF - JQC)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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ESTATE OF FERNANDO SAUCEDA, et al.,

Case No.: 2:11-cv-02116-GMN-NJK

Plaintiff(s),

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ORDER

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v.

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CITY OF NORTH LAS VEGAS, et al.,

[Docket No. 174]
Defendant(s).

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Pending before the Court is Plaintiffs’ renewed petition for compromise of minor’s claim.

17 Docket No. 174. Defendants filed a notice of non-opposition. Docket No. 176. For the reasons
18 discussed below, the hearing on the matter is VACATED and a supplement must be filed in
19 accordance with the below directives.
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The Ninth Circuit has established the standard by which settlement of federal claims

21 brought by minors are judged: “whether the net amount distributed to each minor plaintiff in the
22 settlement is fair and reasonable, in light of the facts of the case, the minor’s specific claim, and
23 recovery in similar cases.” Robidoux v. Rosengren, 638 F.3d 1177, 1181-82 (9th Cir. 2011).1 The
24 petition here provides no information regarding “recovery in similar cases.”
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The Ninth Circuit has made clear that this limitation applies in federal question cases.
26 Robidoux, 638 F.3d at 1179 n.2. District courts within the Ninth Circuit have concluded that
federal law applies to the entirety of a request to approve a minor’s settlement in cases, like this
27 one, in which the Court exercises federal question jurisdiction and supplemental jurisdiction over
additional state law claims. See, e.g., A.G.A. v. County of Riverside, Case No. EDCV 19-0007728 VAP (SPx), 2019 WL 2871160, at *2 n.1 (C.D. Cal. Apr. 26, 2019) (collecting cases).
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Accordingly, the parties must file a joint submission identifying recoveries obtained in

2 other similar cases by April 27, 2020.
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IT IS SO ORDERED.

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Dated: April 13, 2020
______________________________
Nancy J. Koppe
United States Magistrate Judge

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