Pate v. Wal-Mart Stores, Inc.

Filing 90

ORDER Granting 88 Proposed Order re 85 Compromise of Minor's Claim. Status Conference is set for 12/5/2016 at 03:00 PM in LV Courtroom 6D before Judge Jennifer A. Dorsey. Signed by Judge Jennifer A. Dorsey on 9/26/2016. (Copies have been distributed pursuant to the NEF - DC)

Case 2:12-cv-01377-JAD-PAL Document 88 Filed 09/26/16 Page 1 of 2

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ORD
AMY M. GAMAGE, ESQ.
Nevada Bar No.: 009304
WILLIAM H. GAMAGE, ESQ.
Nevada Bar No.: 009024
GAMAGE & GAMAGE
1775 Village Center Circle, Ste. 190
Las Vegas, NV 89134
Telephone: [phone]
Facsimile: [phone]
Attorneys for Petitioner

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UNITED STATES DISTRICT COURT

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CLARK COUNTY, NEVADA

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CASE NO.: 2:12-cv-01377-JAD-PAL
DEPT NO.: 6D
In the Matter of the Petition of QUATRELA
PATE, Natural parent and Legal Guardian of
DEJIOR PAYNE, a minor,
Petitioner.

PROPOSED
ORDER APPROVING COMPROMISE OF
MINOR’S CLAIM

Upon the Petition of QUATRELA PATE, and good cause appearing therefore,

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IT IS HEREBY ORDERED that the Petition to compromise the claim of DEJIOR PAYNE,
minor, against Wal-Mart Stores, Inc., for the negligence causing personal injury by falling boxes on
June 8, 2011, in Clark County, Nevada, is approved.

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IT IS FURTHER ORDERED that the total amount of the proceeds of the proposed

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compromise is $2,443.00. The attorney’s fees are contingent fees being waived, reduced from

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$1,200.00, being 40% of the settlement proceeds before deduction of medical or other expenses.
The attorney’s costs advanced total the sum of $0.00.
IT IS FURTHER ORDERED that $1,561.89 shall be disbursed to Ventura County Medical
Center, for medical services provided to minor in regard to injuries sustained from the accident.

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IT IS FURTHER ORDERED that $2,443.00 shall be deposited by QUATRELA PATE or

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Gamage & Gamage on behalf of DEJIOR PAYNE in a blocked trust account, from which the funds

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Case 2:12-cv-01377-JAD-PAL Document 88 Filed 09/26/16 Page 2 of 2

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deposited in the blocked trust account shall not be liquidated or diminished prior to the minor

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reaching the age of eighteen (18) years without Court approval upon showing that the withdrawal is

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in the best interest of the minor child. A final accounting will be made prior to release of the funds
upon the eighteenth birthday of the child.

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IT IS FURTHER ORDERED that Petitioner and/or Gamage & Gamage, shall cause, within
sixty (60) days of the date of this order, proof to be filed with this court that the blocked trust
account has been established.

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5th
IT IS FURTHER ORDERED that a status check before this court is set for the _____ day of

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December, 2016, at at
, 2016, 3:00 p.m.,
a.m./p.m., to show compliance with this Order. In the event the proof

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of compliance has been filed with this Court, it will not be necessary for the Petitioners or attorney
for Petitioner to attend the status check hearing.
IT IS FURTHER ORDERED that the trustee or petitioners may be ordered by this Court to

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file periodic verified annual reports, should the Court deem it appropriate, in order to detail the

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activities of the blocked trust account during the previous twelve (12) months pursuant to NRS

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41.200(5).

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DATED this 26th day of September, 2016.
DATED this ____ day of _________________.

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_________________________________
DISTRICT COURT JUDGE
Respectfully submitted by:
GAMAGE & GAMAGE
/s/ William H. Gamage, Esq.
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WILLIAM H. GAMAGE, ESQ.
Nevada Bar No. 009024
1775 Village Center Circle, Ste. 190
Las Vegas, Nevada 89134
Attorney for Petitioner

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