Cassas et al v. Coca-Cola Company et al

Filing 37

ORDER. IT IS ORDERED that the Petition to Compromise a Minor's Claim 36 is GRANTED. IT IS FURTHER ORDERED that the Motion to Remand 9 is DENIED as moot. IT IS FURTHER ORDERED that the parties shall file the Stipulation and Order for Dismissal with Prejudice within thirty(30) days of the date of entry of this Order. (Settlement documents are due by 6/9/2012.) Signed by Judge Edward C. Reed, Jr on 5/10/2012. (Copies have been distributed pursuant to the NEF - MLC)

1
2
3
4

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

5
6
7
JOANN CASSAS, as Guardian Ad
8 Litem for M. C.,
9

Plaintiff,

10 vs.
11 THE COCA-COLA COMPANY, a
Delaware Corporation; WAL-MART
12 STORES, INC., A Delaware
Corporation, and DOES I-XX,
13 inclusive,
14

Defendants.

15

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

3:11-cv-00677-ECR-WGC

Order

16
On August 20, 2011, Plaintiff filed a complaint (#1-2) for
17
strict liability and negligence in the Second Judicial District
18
Court of the State of Nevada in and for the County of Washoe.

On

19
September 21, 2011, Defendants removed (#1) the case to this Court.
20
On March 9, 2012, Defendant The Coca-Cola Company filed a Notice of
21
Settlement (#34), stating that the parties have reached a settlement
22
of all claims pending in this action and will submit a Stipulation
23
and Order for Dismissal with Prejudice within the next few weeks.
24
On March 23, 2012, Plaintiff as guardian for M.C. filed a
25
Petition to Compromise a Minor’s Claim (#36), stating that the
26
parties have reached a settlement and requesting that this Court
27
accept and approve it.
28

The terms of the settlement are set forth in

1 the Petition (#36).

Specifically, the Petition (#36) provides that

2 M.C. required medical attention amounting to $1,081.64, and
3 Defendants have agreed to enter into a global settlement in the
4 amount of $3,000.00.
5 the amount of $459.59.

Plaintiff’s attorney claims reduced costs in
Plaintiff shall establish a blocked,

6 financial investment as defined by Nev. Rev. Stat. § 41.200 for M.C.
7 in the amount of $2,540.41 until she reaches the age of majority or
8 the Court otherwise orders.

Plaintiff requests that this Court

9 waive the requirement of a bond.

The Petition (#36) requests that

10 this Court approve the settlement and allow Plaintiff to execute a
11 Release of M.C.’s rights to seek further compensation from the
12 parties named in the Release.
13

IT IS, THEREFORE, HEREBY ORDERED that the Petition to

14 Compromise a Minor’s Claim (#36) is GRANTED.
15

IT IS FURTHER ORDERED that the Motion to Remand (#9) is DENIED

16 as moot.
17

IT IS FURTHER ORDERED that the parties shall file the

18 Stipulation and Order for Dismissal with Prejudice within thirty
19 (30) days of the date of entry of this Order.
20
21
22 DATED: May 10, 2012.
23
____________________________
UNITED STATES DISTRICT JUDGE

24
25
26
27
28

2