Donatell v. City of Las Vegas et al

Filing 156

ORDER Granting Plaintiff's 155 Amended Petition and Application for Order for Compromise of Minor's Claim. The calendar call set for 3/6/2019 and the jury trial set for 3/11/2019 are VACATED. The Clerk of Court is instructed to close this case. Signed by Judge Richard F. Boulware, II on 1/15/2019. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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JUDY DONATELL, individually; JUDY
DONATELL, as Special Administrator of the
Estate of ANGELA DAWN DONATELL,
deceased; JUDY DONATELL, as the Guardian
Ad Litem for X.M., a minor, under 14 years of
age,

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v.
THE CITY OF LAS VEGAS, a political
subdivision of the state of Nevada, et al.,

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ORDER

Plaintiff,

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Case No. 2:15-cv-02334-RFB-PAL

Defendants.
Before this Court is Plaintiff’s Amended Petition and Application for Order for
Compromise of Minor’s Claim. ECF No. 155.

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Plaintiff, Judy Donatell, is the grandmother and Guardian ad Litem to Minor X.M. and the

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Special Administrator of the Estate of Angela Dawn Donatell, X.M.’s mother. On September 18,

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2015, Plaintiff filed a complaint arising from the allegedly preventable death of Angela Donatell

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while she was in custody at the City of Las Vegas Detention Facility under a contract with the City

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of Las Vegas.

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The Court considered two motions for summary judgment on March 2, 2018. ECF No.

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141. The Court denied the motion as to the deliberate indifference claim against Defendants City

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of Las Vegas, Amy Perez, Anne Buen, Dennis Miles, and Norma Alicia-Carpio and as to the

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excessive force claim against Defendants M. Bunnell, Amanda Chalmers, Tracey Valenzuela, and

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Dennis Miles. The Court granted the motion as to all other claims and Defendants.

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The parties reached a global settlement on December 13, 2018 at a settlement conference

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before Magistrate Judge Peggy A. Leen. ECF No. 149. The Court has a duty to “conduct its own

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inquiry to determine whether the settlement serves the best interests of the minor.” Robidoux v.

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Rosengren, 638 F.3d 1177, 1181 (9th Cir. 2011) (quoting Dacanay v. Mendoza, 573 F.2d 1075,

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1080 (9th Cir. 1978). The Court has reviewed the terms of the global settlement and finds that it

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is fair and reasonable to minor X.M. in light of the remaining claims and recovery in similar cases.

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Therefore,

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IT IS ORDERED that Plaintiff’s Amended Petition and Application for Order

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for Compromise of Minor’s Claim (ECF No. 155) is GRANTED.
IT IS FURTHER ORDERED that the calendar call set for March 6, 2019 and the jury
trial set for March 11, 2019 are VACATED. The Clerk of Court is instructed to close this case.

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DATED: January 15, 2019.

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____________________________
RICHARD F. BOULWARE, II
United States District Judge

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