JL et al v. New Mexico Department of Health et al

Filing 528

ORDER by Magistrate Judge Gregory J. Fouratt GRANTING 516 Motion for Hearing. (jlr)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW MEXICO
JL, through her next friend, Bruce Thompson,
Esq., et al.,
Plaintiffs,
v.

Civ. No. 12‐1145 MV/GJF

NEW MEXICO DEPARTMENT OF HEALTH,
et al.,
Defendants.

ORDER GRANTING PLAINTIFFS’ MOTION TO SET FAIRNESS HEARING
THIS MATTER is before the Court on Plaintiffs’ “Motion to Set Fairness Hearing”
(“Motion”) [ECF No. 516]. In their Motion, Plaintiffs ask the Court to set a fairness hearing to
approve the settlement of all disputed matters between all Plaintiffs and the New Mexico
Department of Health, Los Lunas Center for Persons with Developmental Disabilities, Retta
Ward, Beth Schaefer, Dan Sandoval, Roger Adams, and Joseph Mateju (“State Defendants”).
Plaintiffs further ask the Court to close the fairness hearing to the public and all other parties
with the exception of Plaintiffs and their representatives, the State Defendants and their
representatives, and the Court-appointed Guardians ad Litem. The presiding judge in this case
has referred the Motion to the undersigned to hear and determine pursuant to the provisions of 28
U.S.C. § 636(b)(1)(A) and Federal Rule of Civil Procedure 72(a). See ECF No. 523. Having
considered the Motion, reviewed the record, and being otherwise fully advised, the Court FINDS
the Motion to be well-taken and will GRANT it.

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IT IS THEREFORE ORDERED that a fairness hearing shall take place on Monday,
February 6, 2017, at 1:00 p.m. at the United States Courthouse, Dona Ana Courtroom, 100
N. Church Street, Las Cruces, New Mexico.
IT IS FURTHER ORDERED that the fairness hearing shall be attended by all settling
parties and Guardians ad Litem and shall be CLOSED to the public and to the other named
Defendants.
IT IS FURTHER ORDERED that any reports regarding this settlement submitted to the
Court be filed UNDER SEAL.
IT IS SO ORDERED.

________________________________________
THE HONORABLE GREGORY J. FOURATT
UNITED STATES MAGISTRATE JUDGE

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