Perez et al v. Cox et al

Filing 268

ORDER Granting 267 Ex-ParteMotion for Compromise. Signed by Judge Andrew P. Gordon on 9/18/2023. (Copies have been distributed pursuant to the NEF - JQC)

Case 2:15-cv-01572-APG-DJA Document 268 Filed 09/18/23 Page 1 of 3

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

3 VICTOR PEREZ, as Special Administrator of
the Estate of CARLOS PEREZ, deceased;
4 VICTOR PEREZ, as the Guardian Ad Litem for
S.E.P., a minor; VICTOR PEREZ, as the
5 Guardian Ad Litem for A.I.P., a minor,
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Plaintiffs,

vs.

STATE OF NEVADA, ex. rel. NEVADA
DEPARTMENT OF CORRECTIONS;
DIRECTOR JAMES GREG COX, individually;
WARDEN DWIGHT W. NEVEN, individually;
ASSISTANT WARDEN TIMOTHY FILSON,
individually; COT. RAMOS, individually;
LIEUTENANT RONALD OLIVER,
individually; CORRECTIONS OFFICER
CASTRO, individually; CORRECTIONS
OFFICER ISAIAH SMITH, individually,

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CASE NO.: 2:15-cv-01572-APG-DJA

ORDER GRANTING PLAINTIFF’S EXPARTE MOTION FOR COMPROMISE
OF CLAIMS OF MINORS, S.E.P. AND
A.I.P.
[ECF No. 267]

Defendants.

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The plaintiffs filed an ex-parte motion to compromise the claims of the minor plaintiffs

16 S.E.P. and A.I.P. ECF No. 267. The defendants do not oppose the motion. Id. at 1. I have
17 conducted an independent inquiry and evaluation, and I find that the motion is supported by good
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cause so I will grant it. I hereby find as follows:
1.

The amount of the settlement is fair and reasonable given the nature and status of

the litigation and the general uncertainty that comes with jury trials (particularly claims against
correctional officers).
2.

The proposed settlement adequately safeguards the interests of the minors, and the

22 minor’s interests are protected by the proposed settlement. See Doe by & Through Doe v. Clark
23 Cnty., No. 17-CV-2380, 2019 WL 861402, at *3 (D. Nev. Feb. 15, 2019) (quoting Robidoux v.
Rosengren, 638 F.3d 1177, 1181-82 (9th Cir. 2011)). The creation of a professionally managed

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trust, which serves as a fiduciary, and having Victor Perez as Co-Trustee, is fair, reasonable, and

2 adequately protects the interests of the minors.
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3.

The plaintiffs’ counsel advanced $18,914.10 as costs and will be reimbursed,

4 making the net settlement $1,581,085.90.
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4.

A forty-percent contingency fee ($632,434.36) to the plaintiffs’ counsel is

reasonable in light of the skill and experience required, the amount of work performed, the risk
assumed, and the delay in payment. That amount will be disbursed to the plaintiffs’ counsel.
5.

A lump sum of $50,000 will be disbursed to the plaintiffs’ counsel for the benefit

of Victor Perez as the guardian of the minor children. That amount is fair and reasonable to

9 reimburse him partially for the last 10 years of litigation and providing for the minor children.
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6.

The settlement net to the children (S.E.P. and A.I.P.) is $682,434.36. Each child

11 is entitled to an equal share of $341,217.18. I find the sum of $341,217.18 (plus interest) per
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minor plaintiff to be “fair and reasonable” under the circumstances.
7.

The sums allocated to plaintiffs S.E.P. and A.I.P. will be used to purchase

annuities as provided in Exhibits A and B to the motion to compromise the minors’ claims. ECF
No. 267. Each child will receive $25,000 on their 18th birthday. Each child will receive

15 $75,000 on their 21st birthday. Each child will receive $100,000 on their 25th birthday. Each
16 child will receive $323,868.10 on their 30th birthday. The total amount of payout for each child
17 shall be $523,868.10, which includes interest.
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8.

The sums allocated to Victor Perez and Michelle Perez (jointly) of $1,188.94 per

month beginning on December 1, 2023 and continuing for five years and nine months for S.E.P.
are fair and reasonable.
9.

The sums allocated to Victor Perez and Michelle Perez (jointly) of $1,188.94 per

month beginning on December 1, 2023 and continuing for six years and seven months for A.I.P.

22 are fair and reasonable.
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10.

The payment of the total settlement amount of $1,600,000 from the State of

Nevada is fair and reasonable and the minors are similarly situated with respect to the decedent
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(Carlos Perez, their father) such that an equal division between them is fair and reasonable.
11.

The payment of the remaining funds of $216,217.18 to be held in the plaintiffs’

3 counsel’s trust account for any claim on the Estate of Carlos Perez as determined by the probate
4 court of the Eighth Judicial District Court, State of Nevada, is a fair and reasonable amount.
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Accordingly, under Federal Rule of Civil Procedure 17, I ORDER that the Ex-Parte
Motion for Compromise (ECF No. 267) is GRANTED and the compromise of the minor
plaintiffs’ claims is approved.
DATED this 18th day of September, 2023.

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__________________________________
Hon. Andrew P. Gordon
United States District Judge

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