Becton et al v. McKinney City of et al

Filing 134

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 133 Report and Recommendations. Accordingly, it is hereby ORDERED, ADJUDGED, AND DECREED that the Joint Motion Submitting Proposed Judgment (the "Motion") (Dkt. #132) is GRANTED, the Settlement is approved, and all of the claims asserted by Minor Plaintiff against Defendant Casebolt are DISMISSED WITH PREJUDICE. Signed by District Judge Amos L. Mazzant, III on 10/5/2018. (daj, )

United States District Court
EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION

D.B., By & Through Next Friend
SHASHONA BECTON,
Plaintiff,
v.
CITY OF MCKINNEY, TX, ET AL.,
Defendants.

ZACH TWA, ET AL.,
Plaintiffs,
v.
DAVID ERIC CASEBOLT, ET AL.,
Defendants.

DANA BAKARI, ET AL.,
Plaintiffs,
v.
DAVID ERIC CASEBOLT, ET AL.,
Defendants.

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CASE NO. 4:16-CV-965-ALM-KPJ (LEAD)

CASE NO. 4:17-CV-382-ALM-KPJ

CASE NO. 4:17-CV-392-ALM-KPJ

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF
UNITED STATES MAGISTRATE JUDGE
Came on for consideration the report of the United States Magistrate Judge in this action,
this matter having been heretofore referred to the United States Magistrate Judge pursuant to 28
U.S.C. § 636. On September 12, 2018, the report of the Magistrate Judge was entered (Dkt. #133)
containing proposed findings of fact and recommendations that all claims between Plaintiff Dana
Bakari, Individually and as Next Friend of J.K.B., a Minor (“Minor Plaintiff”), and Defendant
David Eric Casebolt (“Casebolt”) be dismissed with prejudice pursuant to the parties’ Joint Motion

Submitting Proposed Judgment (the “Motion”) (Dkt. #132), and the settlement set forth in the
“Compromise Settlement Agreement and Release” (the “Settlement”) (Dkt. #120-1) be approved.
The Court notes that Minor Plaintiff is the only remaining Plaintiff in this consolidated action.
Having received the report of the United States Magistrate Judge, and no objections thereto
having been timely filed, the Court is of the opinion that the findings and conclusions of the
Magistrate Judge are correct and adopts the Magistrate Judge’s report as the findings and
conclusions of the Court.
Accordingly, it is hereby ORDERED, ADJUDGED, AND DECREED that the Joint
Motion Submitting Proposed Judgment (the “Motion”) (Dkt. #132) is GRANTED, the Settlement
is approved, and all of the claims asserted by Minor Plaintiff against Defendant Casebolt are
DISMISSED WITH PREJUDICE. Each party shall bear its own attorneys’ fees and costs.
It is further ORDERED, ADJUDGED, AND DECREED that:
1. Minor Plaintiff J.K.B. shall recover from Defendant Casebolt the total amount of
Six Thousand Dollars and no/100 ($6,000.00), as set forth in the Settlement, out of
which sum bills, costs, attorney’s fees, expenses, advances, and any liens incurred
or to be incurred in connection with the incident and the injuries resulting therefrom
should be paid in accordance with the terms of the Settlement;
2. Minor Plaintiff J.K.B.’s attorney, Kim Cole, shall be paid the sum of $2,341.79;
3. The remaining sum of $3,658.21, shall be deposited into the registry of the Court
in an interest-bearing account for the use and benefit of Minor Plaintiff J.K.B., until
she turns eighteen (18) years old, or until further order of the Court;
4. The Guardian Ad Litem, Michele A. Ratcliffe, shall be paid the sum of $4,332.34,
by Defendant Casebolt for fees as Guardian Ad Litem for Minor Plaintiff J.K.B.,
which the Court finds to be reasonable and necessary. The Guardian Ad Litem’s
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fees should be taxed as costs of court to be paid by Defendant Casebolt directly to
Michele A. Ratcliffe within seven (7) days of the entry of final judgment in this
matter; and
5. All other costs shall be paid by the party incurring same.
.

Having previously disposed of all other claims of all other Plaintiffs in this consolidated
lawsuit (see Dkt. #127), the Court finds that entry of final judgment pursuant to Fed. R. Civ. P. 54
is appropriate.
IT IS SO ORDERED.
SIGNED this 5th day of October, 2018.

___________________________________
AMOS L. MAZZANT
UNITED STATES DISTRICT JUDGE

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