Dalton v. Town of Silver City et al

Filing 167

ORDER by Chief District Judge William P. Johnson ADOPTING REPORT AND RECOMMENDATIONS. (mag)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
KARRI DALTON as the Personal representative of the
Estate of NIKKI BASCOM, deceased, and Next Friend to
M.B., a minor child and A.C., a minor child,
Plaintiff,
v.

No. 17cv-1143-WJ-GBW

TOWN OF SILVER CITY, ex rel.
SILVER CITY POLICE DEPARTMENT,
GRANT COUNTY, ex rel.
GRANT COUNTY SHERIFF'S DEPARTMENT,
SILVER CITY POLICE CHIEF ED REYNOLDS,
CAPTAIN RICKY VILLALOBOS,
THE ESTATE OF MARCELLO CONTRERAS,
DEPUTY JACOB VILLEGAS, DEPUTY FRANK GOMEZ,
and DEPUTY ADAM ARELLANO,
Defendant.
ORDER ADOPTING MAGISTRATE JUDGE’S
PROPOSED FINDINGS AND RECOMMENDED DISPOSITION
THIS MATTER comes before the Court on the joint request by Plaintiff Karri Dalton as the
Personal Representative of the Estate of Nikki Bascom, deceased, and Next Friend to M.B., a minor
child, and A.C., a minor child against Defendants Grant County, ex rel. Grant County Sheriff's
Department, Deputy Jacob Villegas, Deputy Frank Gomez and Deputy Adam Arellano (the County
Defendants), that the Court approve a proposed settlement between them. (See Doc. 162). On January
24, 2020, Plaintiff and the County Defendants jointly moved for a fairness hearing concerning the
settlement involving the minor children, (Doc. 152). On March 3, 2020—after holding a fairness
hearing—Magistrate Judge Jerry H. Ritter filed his Report and Recommendations (Doc. 162),
recommending that the Court approve the proposed settlement. On March 16, 2020, the Court granted
Plaintiff’s unopposed motion to waive the fourteen-day time period for the parties to object to the

Report and Recommendations, as the unopposed motion indicates that no party has objections. (Doc.
163; Doc. 164).
IT IS THEREFORE ORDERED AS FOLLOWS:
1. The Magistrate Judge’s Report and Recommendations (Doc. 162) is ADOPTED;
2. The Joint Motion for Fairness Hearing Concerning Settlement Involving Minor Children
(Doc. 152), as amended by the Notice of Hearing filed February 13, 2020, is GRANTED; and
3. The settling parties shall file closing documents within 30 days of the entry of this Order.

________________________________________
UNITED STATES DISTRICT COURT JUDGE

2