Romar v. Fresno Community, et al, No. 1:2003cv06668 - Document 209 (E.D. Cal. 2010)
Court Description: ORDER Adopting 206 Findings and Recommendations Recommending Approval of the Proposed Special Needs Trust Subject to Certain Amendments and Additions, Including Continued Court Supervision Under the California Probate Code, signed by Chief Judge Anthony W. Ishii on 6/17/2010. (Verduzco, M)
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Romar v. Fresno Community, et al Doc. 209 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 CHRISTINA ROMAR, a minor suing through her mother and legal representative, CORA ROMAR, 11 14 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS RECOMMENDING APPROVAL OF THE PROPOSED SPECIAL NEEDS TRUST SUBJECT TO CERTAIN AMENDMENTS AND ADDITIONS, INCLUDING CONTINUED COURT SUPERVISION UNDER THE CALIFORNIA PROBATE CODE Plaintiff, 12 13 CASE NO. 1:03-cv-06668-AWI-SMS v. FRESNO COMMUNITY HOSPITAL AND MEDICAL CENTER; DR. THOMAS MANSFIELD, 15 Defendants. (Doc. 206) / 16 17 Minor Plaintiff Christina Romar, by her mother and legal representative Cora Romar, 18 moved for an order approving the creation and funding of a special needs trust for the settlement 19 proceeds in this case. This matter was referred to United States Magistrate Judge Sandra M. 20 Snyder pursuant to 28 U.S.C. § 636(b) and Local Rules 72-302 and 72-304. 21 Following Judge Snyder’s review of the extensive briefing and argument regarding the 22 form and implementation of Plaintiff’s special needs trust, she recommended approval of the 23 trust form conditioned on certain amendments, including a provision for continued court 24 supervision under the California Probate Code. The Findings and Recommendations contained 25 notice that any objections to the Findings and Recommendations were to be filed within thirty 26 days. Plaintiff filed a notice of no objections on June 15, 2010 (Doc. 207), and Defendant filed a 27 statement of non-opposition on June 16, 2010 (Doc. 208). In addition, Plaintiff filed a revised 28 /// 1 Dockets.Justia.com 1 version of The Christina Romar Beneficiary Trust Agreement, dated June __, [sic] 2010, which 2 incorporated the additional changes recommended in the Findings and Recommendations. 3 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), the undersigned has 4 reviewed this case de novo and has considered the magistrate judge’s findings and 5 recommendations and both parties’ responsive submissions. Having carefully reviewed the 6 entire file, the Court finds the Findings and Recommendations to be supported by the record and 7 proper legal analysis. The Court further notes additional provisions suggested in a proposed 8 order submitted by Plaintiff on June 8, 2010 (Doc. 205). 9 Accordingly, the Court hereby ORDERS: 10 1. The Findings and Recommendations, filed June 10, 2010, are adopted in full. 11 2. The Christina Romar Beneficiary Trust Agreement, dated June __, [sic] 2010 12 (Doc. 207-2), is approved, subject to its dating and signing, and the attachment to 13 it as Exhibit A of the fee schedule of The Good Shepherd Trust. 14 3. The net settlement proceeds of $127,142.55 (see Docs. 188 & 189) shall be 15 applied for Plaintiff’s benefit as follows: 16 a. The sum of $50,000 shall be applied to the purchase of a single premium 17 fixed annuity from the New York Life Insurance and Annuity Corporation. 18 The annuity shall be free of surrender charges after seven (7) years, and 19 shall also allow for up to fifteen (15) percent accumulated interest and 20 principal withdrawals at no cost within each of the first seven years, so as 21 to provide increased financial flexibility in the event of an unforeseen 22 special need. The Good Shepherd Fund, as trustee of the Christina Romar 23 Beneficiary Trust, shall manage, distribute and dispose of these annuity 24 funds as part of the trust. 25 b. The sum of $12,500 shall be paid to Plaintiff’s mother and legal 26 representative, Cora Romar, for the purchase and maintenance of a vehicle 27 to be used to transport Plaintiff to medical appointments, therapy 28 appointments, dental appointments, optometric appointments, classes, etc. 2 1 Cora Romar shall be the vehicle’s sole owner and shall have sole liability 2 and legal responsibility for it, including motor vehicle registration, 3 maintenance of insurance coverage, and satisfaction of all legal 4 requirements appurtenant to motor vehicle ownership. 5 c. 6 7 The balance of $64,642.55 shall be deposited directly into the Christina Romar Beneficiary Trust. 4. No additional legal fees shall be authorized for payment from Plaintiff’s net 8 settlement, either to Plaintiff’s counsel or to Defendant’s counsel, for any work 9 whatsoever done in preparation of the Christina Romar Beneficiary Trust. 10 5. Upon funding of the settlement as set forth in the settlement agreement and as 11 required by the orders of this Court, Defendant Fresno Community Hospital and 12 Medical Center shall be fully relieved of any further responsibility in this matter. 13 6. Within thirty days of this order, Plaintiff shall petition the California Superior 14 Court, Fresno County, to accept transfer of jurisdiction and to provide continuing 15 supervision under the California Probate Code of the Christina Romar Beneficiary 16 Trust Agreement. 17 7. 18 This Court shall retain jurisdiction until Plaintiff files documentation that the California Superior Court has accepted jurisdiction and supervision of the trust. 19 20 IT IS SO ORDERED. 21 Dated: 0m8i78 June 17, 2010 CHIEF UNITED STATES DISTRICT JUDGE 22 23 24 25 26 27 28 3
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