Kirkpatrick vs Washoe County, et al.
ORDER Approving Compromise of Minor's Claim (see order for details), re ECF 112 Proposed Order. Signed by Judge Howard D. McKibben on 4/5/2017. (Copies have been distributed pursuant to the NEF - KR)
William R. Kendall, Esq.
Jeffrey Friedman, Esq.
State Bar No. 3453
137 Mt. Rose Street
Reno, NV 89509
Attorneys for Plaintiff
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
JAMIE KIRKPATRICK, individually, and
as the natural father and legal guardian of
B. W., a minor,
CASE NO.: 3:09-CV-00600-HDM-VPC
WASHOE COUNTY, a political subdivision
of the State of Nevada; AMY REYNOLDS,
ELLEN WILCOX, and LINDA KENNEDY,
individually and in their capacities as a social
workers for the WASHOE COUNTY
DEPARTMENT OF SOCIAL SERVICES,
CHILDREN’S SERVICES; SOCIAL
SERVICES, CHILDREN’S SERVICES;
ORDER APPROVING COMPROMISE OF MINOR’S CLAIM
Before the Court is the Plaintiff’s Petition for Compromise of a Minor’s Claim (#107) in
accordance with the settlement of the parties. On 3/15/2017, a telephonic hearing was held
regarding the Petition. The Petition, as presented to the court, is hereby GRANTED.
IT IS ORDERED that the settlement between Plaintiff and Washoe County in the
amount of $ 85,000.00 is APPROVED. The settlement is to be disbursed $ 15,000.00 to JAMIE
KIRKPATRICK on behalf of and for the benefit of the minor, BW, and $ 70,000.00 to the
attorneys for Plaintiff, Jeffrey Friedman, Esq., William R. Kendall, Esq., and David J. Beauvais,
Esq., as compensation for their prosecution of this matter.
The Court finds that $ 15,000.00 in compensatory damages allocated to the minor BW in
compromise of the minor’s claim in this action is fair, reasonable, and in the best interest of BW.
IT IS FURTHER ORDERED that upon receiving the compromise proceeds, Plaintiff
shall establish a blocked financial investment account in the name of BW at a Nevada state
financial institution in the amount of FIFTEEN THOUSAND DOLLARS ($ 15,000.00).
IT IS FURTHER ORDERED that within 30 days after negotiating the compromise
settlement check, the Plaintiff shall file with the Court proof that the blocked financial
investment account has been established. Thereafter, the Plaintiff shall, until further order of the
court, annually file with the court a verified report stating the interest earned upon the account
and whether any withdrawals had been made from the account for the previous 12 month period.
IT IS FURTHER ORDERED that no money may be withdrawn from the blocked
financial investment account until certification by the Court that BW has reached the age of
majority or the Court otherwise issues an order authorizing withdrawal.
IT IS FURTHER ORDERED that William R. Kendall is appointed as custodian of the
blocked investment account and is authorized to establish said account with a Nevada state
financial institution and is authorized to execute all documents in order to accomplish this.
IT IS FURTHER ORDERED that Petitioner, Jamie Kirkpatrick is authorized to sign
the release compromising this claim and settling this matter in full.
IT IS FURTHER ORDERED that the requirement of a bond is waived.
Dated this ___ day of April, 2017.
UNITED STATES DISTRICT JUDGE
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