Estate of Meagan Hockaday et al v. City of Oxnard et al, No. 2:2016cv02145 - Document 71 (C.D. Cal. 2017)

Court Description: REDACTED FINAL JUDGMENT by Judge John A. Kronstadt. See Judgment for specifics. (MD JS-6, Case Terminated). (ah)
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Estate of Meagan Hockaday et al v. City of Oxnard et al Doc. 71 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 CENTRAL DISTRICT OF CALIFORNIA 9 10 11 12 13 14 15 ESTATE OF MEAGAN HOCKADAY, LUIS MORADO, as Guardian Ad Litem for minors N.M.M., Z.G.M., and M.H.M., individually, and as Successors in Interest to MEAGAN HOCKADAY deceased, MONIQUE TRENAE WALLACE, individually, Plaintiffs, 16 17 18 19 20 vs. THE CITY OF OXNARD; OFFICER ROGER GARCIA, and DOES 1-10, Inclusive, Defendants. ) CASE NO.: 16-cv-02145-JAK-GJS ) ) ) REDACTED FINAL JUDGMENT ) ) JS-6 ) ) ) ) ) ) ) ) ) ) ) ) ) 21 22 23 24 25 26 27 28 1 _____________________________________________________________________ Dockets.Justia.com 1 FINAL JUDGMENT AS TO DEFENDANT CITY OF OXNARD 2 Plaintiffs N.M.M, Z.G.M and M.H.M. by and through their Guardian Ad 3 Litem Luis Morado and Monique Wallace, filed a First Amended Complaint and 4 Defendant City of Oxnard having entered a general appearance; consented to the 5 Court’s jurisdiction over Defendant and the subject matter of this action; consented 6 to entry of this Final Judgment without admitting or denying the allegations of the 7 8 Complaint (except as to jurisdiction); waived findings of fact and conclusions of law and waived any right to appeal from this Final Judgment: 9 (1.) On May 1, 2017 the Parties arrived at the general parameters of the 10 11 12 13 Settlement. An Unopposed Petition for Compromise of Minor’s Claims was filed on June 1, 2017. On September 12, 2017, the Court granted Plaintiff minors’ Petition. (2.) 14 The Parties agreed to settle this entire action for $735,000 as to all 15 Plaintiffs. A total of $635,000 will be distributed evenly ($211,666.67) to each 16 minor (minus attorneys’ fees and costs). $100,000 would be paid to Monique 17 Wallace and her attorneys within thirty (30) days of entry of the Final Judgment. (3.) 18 Defendant shall make a payment in the amount of $152,083.33 19 payable to Pacific Life & Annuity Services for the benefit of minor N.M.M within 20 thirty (30) days of entry of the Final Judgment. 21 (4.) Defendant shall make a payment in the amount of $152,083.33 22 payable to Pacific Life & Annuity Services for the benefit of minor Z.G.M within 23 thirty (30) days of entry of the Final Judgment. 24 25 26 27 (5.) Defendant shall make a payment in the amount of $152,083.33 payable to Pacific Life & Annuity Services for the benefit of minor M.H.M within thirty (30) days of entry of the Final Judgment. /// 28 2 _____________________________________________________________________ 1 (6.) Defendant shall make a payment in the amount of $20,000.00 2 payable to Trust of Luis Morado within thirty (30) days of entry of the Final 3 Judgment. 4 (7.) Defendant shall make a payment in the amount of $158,750.00 5 payable to trust account for Douglas / Hicks Law, APC and Sias | Carr, LLP within 6 thirty (30) days of entry of the Final Judgment. 7 8 9 (8.) Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), the parties stipulate that defendant OFFICER ROGER GARCIA is dismissed with prejudice from this action; 10 11 12 13 14 15 (9.) The parties further agree that this judgment constitutes a general mutual release and a mutual waiver of all costs, court fees, and attorney’s fees arising out of litigation of all of plaintiffs’ claims, known and unknown as to any defendant, in accordance with the terms of the release and settlement agreement. (8.) It is further ordered that the consent is incorporated here with the 16 same force and effect as if fully set forth here, and that Defendant shall comply 17 with all of the undertakings and agreements set forth above. 18 19 20 (9.) It is further ordered that this Court shall retain jurisdiction of this matter for the purposes of enforcing the terms of this Final Judgment. (10.) There being no just reason for delay, pursuant to Rule 54(b) of the 21 Federal Rule of Civil Procedure, the Clerk is ordered to enter this Final Judgment 22 immediately and without further notice. 23 IT IS SO ORDERED. 24 25 26 Dated: October 2, 2017 _______________________ John A. Kronstadt United States District Judge 27 28 3 _____________________________________________________________________