Brothers v. Monreal et al

Filing 27

ORDER. This matter comes before the Court on the report of the Settlement Guardian ad Litem ("SGAL"). Dkt. # 24 . The SGAL recommends that the Court approve a settlement of Mr. Leavall's claims which would provide $33,755.82 to M r. Leavall, $59,290.61 to plaintiff's counsel for fees and costs, $80.57 for medical cost reimbursement, and $6,873.00 for guardian fees and costs. Counsel and the SGAL apparently negotiated a fee agreement which granted to counse l 40% of all sums recovered through settlement. Whether that percentage covers anticipated costs or whether there is a separate cost recovery provision is unclear because the fee agreement was not provided. In addition, the Court is unable to as certain the reasonableness of counsel's hourly rate, hours expended on each task, and costs incurred because his billing and expense were not provided. The Court understands that plaintiff's counsel is unavailable until 6/17/2024. The Clerk of Court is directed to note the SGAL's report for consideration on the Court's calendar for Friday, 6/28/2024. Plaintiff's counsel shall, on or before that date, file the fee agreement and the relevant billing/expense records. The fee agreement may be filed under seal. Signed by Judge Robert S. Lasnik. (MJV)

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UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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JOSHUA BROTHERS, as Litigation
Guardian ad Litem for REYMON
LEAVELL,

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Plaintiff,
v.

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CASE NO. 2:21-cv-01461-RSL

ORDER

ESTEBAN MONREAL, et al.,

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Defendants.

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This matter comes before the Court on the report of the Settlement Guardian ad

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Litem (“SGAL”). Dkt. # 24. The SGAL recommends that the Court approve a settlement

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of Mr. Leavall’s claims which would provide $33,755.82 to Mr. Leavall, $59,290.61 to

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plaintiff’s counsel for fees and costs, $80.57 for medical cost reimbursement, and

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$6,873.00 for guardian fees and costs. Counsel and the SGAL apparently negotiated a fee

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agreement which granted to counsel 40% of all sums recovered through settlement.

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Whether that percentage covers anticipated costs or whether there is a separate cost

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recovery provision is unclear because the fee agreement was not provided. In addition, the

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Court is unable to ascertain the reasonableness of counsel’s hourly rate, hours expended on

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each task, and costs incurred because his billing and expense were not provided.

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ORDER - 1

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The Court understands that plaintiff’s counsel is unavailable until June 17, 2024.
The Clerk of Court is directed to note the SGAL’s report for consideration on the Court’s
calendar for Friday, June 28, 2024. Plaintiff’s counsel shall, on or before that date, file the
fee agreement and the relevant billing/expense records. The fee agreement may be filed
under seal.

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Dated this 3rd day of June, 2024.

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Robert S. Lasnik
United States District Judge

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ORDER - 2