Slagowski v. Delaware North Parks And Resorts et al, No. 1:2011cv00160 - Document 81 (E.D. Cal. 2012)
Court Description: ORDER adopting 78 FINDINGS AND RECOMMENDATIONS re Petition for Minor's compromise in part signed by District Judge Anthony W. Ishii on 11/21/2012. (Lundstrom, T)
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Slagowski v. Delaware North Parks And Resorts et al Doc. 81 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 ANIKA SLAGOWSKI, a minor by and through her Guardian ad litem, WILLIAM 10 TERRELL, Plaintiff, 11 v. 12 DELAWARE NORTH PARKS AND 13 RESORT, DNC PARKS AND RESORTS AT YOSEMITE, INC., MELVIN FRIDAY 14 and DOES 1 through 25, inclusive, 15 Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) 1:11-cv-160 AWI GSA ORDER ADOPTING FINDINGS AND RECOMMENDATIONS RE: PETITION FOR MINOR’S COMPROMISE IN PART (Doc. No. 78) 16 17 Plaintiff, Anika Slagowski, is a minor in this action (“minor”). On October 19, 2012, the 18 minor’s guardian ad litem, William Terrell, filed a Petition for Minor’s Compromise (“the 19 Petition”). See Court’s Docket, Doc. No. 75. On November 5, 2012, the Magistrate Judge issued 20 Findings and Recommendations recommending that the petition be granted in part. See id. Doc. 21 No. 78. Specifically, the Magistrate Judge reduced the amount of costs reimbursed to Plaintiff’s 22 attorney by $700.00. The Magistrate Judge also indicated that the minor’s attorney could 23 withhold $5,000.00 to pay outstanding costs, but that within sixty (60) days, the minor’s attorney 24 must file a detailed accounting of the outstanding costs paid, with proof that any remaining funds 25 were transferred to the minor’s account. 26 The Findings and Recommendations were served on all parties and contained notice that 27 any objections were to be filed within fifteen days. No party filed objections, however, on 28 1 Dockets.Justia.com 1 November 20, 2012, the parties filed a stipulation noting that the $700.00 reduction in costs 2 should be added to the minor’s net recovery.1 See Court’s Docket, Doc. No. 80. 3 Accordingly, upon a review of the Findings and Recommendations and the parties’ 4 stipulation, IT IS HEREBY ORDERED that the Findings and Recommendations dated November 5 5, 2012, are ADOPTED IN PART as outlined below : 6 1. Defendants, Delaware North Parks and Resorts, DNC Parks & Resorts at Yosemite 7 Inc., and Melvin Friday, have settled all of Anika Slagowski’s claims for 8 $590,000.00. This amount is fair. 9 2. The request for attorneys’ fees in the amount of $147,500.00 and $160,267.282 for 10 advanced costs should be approved. The amount for advanced costs includes 11 $5,000.00 as a reserve for outstanding costs yet to be billed. Within sixty (60) 12 days, Plaintiff’s counsel shall submit an itemized accounting of all outstanding 13 costs paid, and proof that any remaining balance was transferred into the minor’s 14 account outlined below; 15 3. The Court approves the distribution of funds to Strategic Recovery Partnership, 16 Inc., in the amount of $61,877.85 to satisfy the outstanding lien for medical 17 services as set forth in the Petition; 18 4. The remaining balance of the settlement in the amount of $220,354.87, shall be 19 transferred to William Terrell, in his capacity of guardian ad litem, for the benefit 20 of Anika Slagowski under the California Uniform Transfers to Minors Act. Mr. 21 William Terrell is appointed as the custodian of that account. The balance of the 22 settlement amount shall be used to purchase high-grade zero coupon bonds through 23 Morgan Stanley Smith and Barney; 24 25 26 27 28 Initially, on November 16, 2012, the parties filed a stipulation indicating a portion of the $700.00 should be allocated to the minor, as well as to the minor’s attorney for attorneys’ fees. (Doc. 79). On November 20, 2012, the parties filed an amended stipulation indicating that the minor shall receive the entire $700.00. (Doc. 80). 1 This amount reflects the $700.00 reduction previously described. The $700.00 has been added the minor’s net settlement amount pursuant to the stipulation of the parties. 2 2 1 5. 2 3 reaches at least the age of eighteen (18) absent a Court order; 6. 4 5 There shall be no access to any of the funds from this account until the minor Petitioner, William Terrell shall have sixty (60) days to submit proof of the funding of the above referenced account to the Court; and 7. The Court will dismiss of all claims against all defendants listed above with 6 prejudice. Plaintiff's counsel shall submit such dismissal within five (5) days after 7 payment of the agreed settlement amount is made, and after the required proofs 8 outlined above have been submitted to the Court. 9 10 IT IS SO ORDERED. 11 Dated: 12 0m8i78 November 21, 2012 UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3
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