Tafoya v. City of Clovis et al

Filing 31

STIPULATED ORDER by Magistrate Judge Stephan M. Vidmar GRANTING 29 Unopposed Motion to Seal (am)

Case 2:22-cv-00492-WJ-SMV Document 31 Filed 11/21/22 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
TATIANA TAFOYA,
On Behalf of Her Minor Son,
ENZO CONTRERAS,
Plaintiff,
v.

No. 2:22-cv-00492-WJ-SMV

CITY OF CLOVIS et. al.
Defendants.
STIPULATED ORDER APPROVING MOTION TO SEAL PROCEEDINGS AND
REPORT OF THE GUARDIAN AD LITEM
THIS MATTER having come before the Court for the Motion to Seal Proceedings and
Report of the Guardian Ad Litem, the Court having reviewed the file and being otherwise fully
advised, hereby finds:
1.

The parties have reached a settlement agreement of the claims made on behalf of

the minor child.
2.

The Court appointed Nicole M. Charlebois as the Guardian ad Litem in this matter

to investigate the fairness and reasonableness of the settlement and its effect on the minor. Ms.
Charlebois’ report contains information about proposed structured settlements for the benefit of
the minor.
3.

The report contains private personal and financial information pertaining to the

details of the settlement of a claim on behalf of minor child that should be protected from public
view and scrutiny.

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Case 2:22-cv-00492-WJ-SMV Document 31 Filed 11/21/22 Page 2 of 3

4.

The report also contains medical information about the minor child that should be

protected from public view and scrutiny to protect the minor child’s medical and financial
information.
5.

An interest in protecting the details of the structured settlements for this minor

child from predation by structured settlement purchasers exists and overrides the right of public
access to the sealed documents.
6.

The overriding interest supports sealing the referenced documents to prevent the

discovery of the settlement terms and amounts by structured settlement purchasers.
7.

A substantial probability exists that the overriding interest will be prejudiced if

the referenced documents are not sealed.
8.

There is no less restrictive means available to protect the parties’ interests in the

privacy of the amounts and terms of settlement other than the Court sealing the record for the
proceedings related to the approval of these settlements, along with the reports of the Guardian
ad Litem and any pleadings filed in relation to the proceedings.
THEREFORE IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the Court
enter an Order Sealing the Report of the Guardian ad Litem (and any exhibits), any pleadings filed
in relation to the settlement proceedings, the hearing to approve the minor’s settlement, and the
record from the hearing, to ensure that the amounts and terms of the settlement will not be disclosed,
and will not be made part of the public records in any proceeding, report or pleading filed in the
matter.
__________________________________________

Stephan M. Vidmar
United States Magistrate Judge

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Case 2:22-cv-00492-WJ-SMV Document 31 Filed 11/21/22 Page 3 of 3

SUBMITTED BY:

By: Frances C. Carpenter
Frances C. Carpenter
925 Luna Circle NW
Albuquerque, NM 87102
Phone: [phone]; Fax: [phone]
Attorney for Plaintiff

Approved via email on 11/18/22
Bryan Evans
Jacqueline Miller
Atwood, Malone, Turner & Sabin, P.A.
P.O. Drawer 700
Roswell, NM 88202-0700
[phone]
Attorneys for City of Clovis, Sgt. Antonio
Orozco, Captain Roman Romero, Doug
Ford, Jordan Riddle

Approved via email on 11/17/22
Denise Soto Hall
Law Offices of Ray Lego & Assoc.
P.O. Box 64093
St. Paul, MN 55164-0093
505-889-5206
Attorneys for Louis Riddle

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