Castro, et al. v. United States of America, No. 1:2017cv00673 - Document 29 (E.D. Cal. 2018)

Court Description: ORDER ADOPTING 26 FINDINGS AND RECOMMENDATIONS Regarding 21 Petition for Approval of Minor's Compromise of Disputed Action signed by District Judge Anthony W. Ishii on 07/11/2018. (Flores, E)
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1 UNITED STATES DISTRICT COURT 2 FOR THE EASTERN DISTRICT OF CALIFORNIA 3 4 5 LINO SUSANO ESTRADA CASTRO, MARIA RODRIGUEZ, and BENJAMIN GUZMAN ESTRADA, 6 Plaintiffs, 7 8 No. 1:17-cv-00673-AWI-BAM ORDER ADOPTING FINDINGS AND RECOMMENDATIONS REGARDING PETITION FOR APPROVAL OF MINOR’S COMPROMISE OF DISPUTED ACTION v. Doc. Nos. 21, 26 UNITED STATES OF AMERICA, 9 Defendant. 10 11 12 On June 19, 2018, the assigned Magistrate Judge issued findings and recommendations that 13 14 the petition for approval of compromise of the claims of minor plaintiff Benjamin Guzman Estrada, by and through his guardian ad litem Rogelio Eli Estrada Castro, be approved and granted. (Doc. 15 No. 26.) The findings and recommendations were served on the parties, and contained notice that 16 any objections must be filed within fourteen (14) days of service of the order. On June 25, 2018, 17 Defendant United States of America filed a notice of non-objection to the findings and 18 recommendations. (Doc. No. 27.) No objections or other response was filed by Plaintiffs to this 19 20 21 22 23 24 25 26 27 action. In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(c), this Court has conducted a de novo review of the case. Having carefully reviewed the entire file, the Court finds that the findings and recommendations are supported by the record and proper analysis. Accordingly, IT IS HEREBY ORDERED that: 1. The findings and recommendations issued on June 19, 2018, are adopted in full; 2. The Petition for Approval of Minor’s Compromise of Disputed Action is GRANTED and the terms of the settlement, including costs and attorneys’ fees, are APPROVED as fair and reasonable; 28 1 1 3. 2 3 Minor Plaintiff Benjamin Guzman Estrada shall receive $5,796.02 by way of settlement; 4. The United States is directed to pay the $5,796.02 to Rogelio Eli Estrada Castro, as 4 the Guardian Ad Litem for Benjamin Guzman Estrada, a minor, in trust to the Law 5 Offices of Steven Ibarra for deposit into the OnPoint Community Credit Union 6 interest-bearing, blocked account numbered 1331097; 7 5. No withdrawals of principal or interest may be made from the blocked accounts 8 without a written order under this case name and number, signed by a judge, and 9 bearing the seal of this Court, until the respective minor attain the age of 18 years. 10 When the respective minor attains the age of 18 years, the depository, without 11 further order of this Court, is authorized and directed to pay by check or draft 12 directly to the former minor, upon proper demand, all moneys including interest 13 deposited under this order. The money on deposit is not subject to escheat. 14 6. in this case and such funds placed, therein, cannot be accessed by anybody other 15 than the respective minor plaintiff upon reaching the age of majority. The 16 parents/guardian ad litem shall have no right to access any of the funds in such 17 blocked account for any reason. 18 19 7. to the Court; and 21 23 Plaintiffs’ counsel shall have twenty-one (21) days following payment of the settlement proceeds to submit proof of the funding of the above-referenced account 20 22 The blocked account in this matter is to be solely for the benefit of minor plaintiff 8. The Minor Plaintiff’s share to be paid for attorneys’ fees in the amount of $3,000.00 and costs in the amount of $251.22 is approved. 24 IT IS SO ORDERED. 25 26 Dated: July 11, 2018 SENIOR DISTRICT JUDGE 27 28 2