Kirkpatrick vs Washoe County, et al.

Filing 114

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)

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William R. Kendall, Esq.
Jeffrey Friedman, Esq.
State Bar No. 3453
137 Mt. Rose Street
Reno, NV 89509
[phone]
Attorneys for Plaintiff

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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JAMIE KIRKPATRICK, individually, and
as the natural father and legal guardian of
B. W., a minor,

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Plaintiff,
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vs.

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;
DOES 1-10,
Defendants.
________________________________/

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ORDER APPROVING COMPROMISE OF MINOR’S CLAIM
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Before the Court is the Plaintiff’s Petition for Compromise of a Minor’s Claim (#107) in
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accordance with the settlement of the parties. On 3/15/2017, a telephonic hearing was held
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regarding the Petition. The Petition, as presented to the court, is hereby GRANTED.
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IT IS ORDERED that the settlement between Plaintiff and Washoe County in the
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amount of $ 85,000.00 is APPROVED. The settlement is to be disbursed $ 15,000.00 to JAMIE
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KIRKPATRICK on behalf of and for the benefit of the minor, BW, and $ 70,000.00 to the
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attorneys for Plaintiff, Jeffrey Friedman, Esq., William R. Kendall, Esq., and David J. Beauvais,
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Esq., as compensation for their prosecution of this matter.
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The Court finds that $ 15,000.00 in compensatory damages allocated to the minor BW in

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compromise of the minor’s claim in this action is fair, reasonable, and in the best interest of BW.

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IT IS FURTHER ORDERED that upon receiving the compromise proceeds, Plaintiff

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shall establish a blocked financial investment account in the name of BW at a Nevada state

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financial institution in the amount of FIFTEEN THOUSAND DOLLARS ($ 15,000.00).

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IT IS FURTHER ORDERED that within 30 days after negotiating the compromise

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settlement check, the Plaintiff shall file with the Court proof that the blocked financial

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investment account has been established. Thereafter, the Plaintiff shall, until further order of the

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court, annually file with the court a verified report stating the interest earned upon the account

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and whether any withdrawals had been made from the account for the previous 12 month period.

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IT IS FURTHER ORDERED that no money may be withdrawn from the blocked

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financial investment account until certification by the Court that BW has reached the age of

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majority or the Court otherwise issues an order authorizing withdrawal.

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IT IS FURTHER ORDERED that William R. Kendall is appointed as custodian of the

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blocked investment account and is authorized to establish said account with a Nevada state

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financial institution and is authorized to execute all documents in order to accomplish this.

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IT IS FURTHER ORDERED that Petitioner, Jamie Kirkpatrick is authorized to sign
the release compromising this claim and settling this matter in full.

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IT IS FURTHER ORDERED that the requirement of a bond is waived.

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5th
Dated this ___ day of April, 2017.

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___________________________________

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UNITED STATES DISTRICT JUDGE

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