E.S., et al. v. County of Tulare, et al., No. 1:2013cv01697 - Document 81 (E.D. Cal. 2015)
Court Description: ORDER Adopting 78 FINDINGS AND RECOMMENDATIONS Regarding Unopposed Petition for Approval of Compromise of the Claims of E.S. by and through her Guardian Ad Litem Valine Gonzales signed by District Judge Lawrence J. O'Neill on 11/20/2015. (Sant Agata, S)
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E.S., et al. v. County of Tulare, et al. Doc. 81 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 E.S., a minor, by and through her guardian ad litem, Valine Gonzalez; J.F., a minor, by and through his guardian ad litem, Bridget Flores; and MARIA MORENO, in each case individually and as successor in interest to Armando Santibanez, deceased, 15 16 Plaintiffs, v. 17 18 19 CITY OF VISALIA; TIM HAENER; and DOES 2-10, inclusive, Defendants. 20 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 1:13-cv-01697-LJO-BAM ORDER ADOPTING FINDINGS AND RECOMMENDATIONS REGARDING UNOPPOSED PETITION FOR APPROVAL OF COMPROMISE OF THE CLAIMS OF E.S., BY AND THROUGH HER GUARDIAN AD LITEM VALINE GONZALES (Docs. 77, 78) 21 22 23 24 25 26 27 On November 3, 2015, the magistrate judge assigned to this action issued Findings and Recommendations recommending that the Petition for Approval of Compromise of the Claims of E.S., by and through her Guardian Ad Litem Valine Gonzales be approved and granted. (Doc. 78). The Findings and Recommendations contained notice that any objections were to be filed within fourteen (14) days. Defendants filed a statement of non-opposition on November 17, 2015. (Doc. 80). No objections were filed. 28 1 Dockets.Justia.com 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a de 2 novo review of this case. Having carefully reviewed the entire file, the Court finds the findings and 3 recommendations to be supported by the record and by proper analysis. 4 Accordingly, IT IS HEREBY ORDERED that: 5 1. The Findings and Recommendations dated November 3, 2015, are ADOPTED IN 2. The Petition for Approval of Compromise of the Claims of E.S., by and through her 6 7 8 9 10 FULL; Guardian Ad Litem Valine Gonzales, is APPROVED and GRANTED as follows: a. The settlement of minor E.S.’s action against the Defendants in the amount of $225,000 is approved. 11 b. Defendants, through counsel, shall prepare and deliver the drafts for the settlement 12 proceeds in the amount of $$225,000 no later than fourteen (14) days after final 13 approval of the petition, payable as follows: 14 i. A draft for $94,555.17 payable to the Law Offices of Dale K. Galipo. These 15 funds shall be used to satisfy the attorney fees and costs owed by minor 16 plaintiff E.S. to Plaintiffs’ counsel. 17 ii. From the total gross settlement, Defendants shall issue a settlement check in 18 the amount of $130,444.83 to fund and purchase the structured annuity for 19 the minor Plaintiff E.S. The check will be made payable to “Prudential 20 Assigned Settlement Services Corporation” (hereinafter referred to 21 Assignee(s)), which will provide periodic payments to be made by 22 Prudential Insurance Company of America (hereinafter referred to as 23 “Annuity Carrier(s)”). Annuity Carrier(s) shall provide periodic payments in 24 accordance with “Exhibit A” to the Declaration of Dale K. Galipo and as set 25 forth below. 26 iii. Disbursement drafts will be made payable and will begin being issued 27 directly to E.S. upon reaching the age of maturity according to the following 28 payment schedule: 2 1. $20,000.00 Payable Annually, guaranteed for 4 years, commencing 1 on 7/5/2031 at age 18 2 3 2. $20,000.00 Lump Sum Payment on 7/5/2035 at age 22 4 3. $30,000.00 Lump Sum Payment on 7/5/2037 at age 24 5 4. $40,000.00 Lump Sum Payment on 7/5/2039 at age 26 6 5. $114,269.00 Lump Sum Payment on 7/5/2041 at age 28 7 iv. Defendants will make a “qualified assignment” within the meaning of 8 Section 130(c), of the Internal Revenue code of 1986, as amended, to 9 Assignee(s), of the Defendants’ liability to make the periodic payments as 10 described above and in “Exhibit A” to the Declaration of Dale K. Galipo. 11 Such assignment, if made, shall be accepted by Plaintiff E.S. without right 12 of rejection and shall completely release and discharge Defendants from 13 such obligations hereunder as are assigned to Assignee(s). 14 v. Defendants and/or Assignee(s) shall have the right to fund its liability to 15 make periodic payments by purchasing a “qualified funding asset,” within 16 the meaning of Section 130(d) of the Code, in the form of an annuity policy 17 from the Annuity Carrier(s). vi. The Assignee(s) shall be the owner of the annuity policy or policies, and 18 shall have all rights of ownership. 19 20 vii. The Assignee(s) may have Annuity Carrier(s) mail payments directly to E.S. 21 as set forth above. Valine Gonzales (until Plaintiff E.S. reaches the age of 22 majority, and then E.S.) shall be responsible for maintaining the current, 23 proper mailing address and mortality information to Assignee(s). 24 3. The request for attorneys’ fees in the amount of $90,000 and costs in the amount of 25 $4,555.17 is approved. 26 IT IS SO ORDERED Dated: November 20, 2015 27 28 /s/ Lawrence J. O’Neill United States District Judge 3
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