E.E. et al v. Norris School District, No. 1:2020cv01291 - Document 100 (E.D. Cal. 2023)

Court Description: ORDER ADOPTING 99 Findings and Recommendations and Granting 98 Motion for Approval of Minor's Compromise signed by District Judge Ana de Alba on 10/18/2023. Dismissal Documents due within forty-five (45) days. (Lawrence, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 E.E., a minor, by and through his guardian ad litem, LAURA HUTCHINSONESCOBEDO; CHRISTOPHER ESCOBEDO; and LAURA HUTCHINSON-ESCOBEDO 14 15 16 17 Plaintiffs, Case No. 1:20-cv-01291-ADA-CDB ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND APPROVING MOTION FOR MINOR’S COMPROMISE (ECF Nos. 98, 99) v. NORRIS SCHOOL DISTRICT, Defendant. 18 19 Pending before the Court is the motion of Plaintiff E.E. (“Plaintiff”), a minor, by and 20 through his parent and guardian ad litem, Laura Hutchinson-Escobedo, for approval of the Parties’ 21 proposed settlement of Plaintiff’s damage claims pursuant to Federal Rule of Civil Procedure 17(c) 22 and Local Rule 202(b). (ECF No. 98.) This matter was referred to the assigned United States 23 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 24 On August 28, 2023, the assigned Magistrate Judge issued findings and recommendations 25 to approve Plaintiff’s proposed settlement of E.E.’s damage claims pursuant to Federal Rule of 26 Civil Procedure 17(c) and Local Rule 202(b). (ECF No. 99.) The Court served the findings and 27 recommendations and gave the Parties fourteen days to file objections thereto. (Id. at 8.) As of the 28 date of this Order, more than fourteen days have passed, and no objections have been filed. The 1 findings and recommendations advised the Parties that “failure to file objections within the 2 specified time may result in the waiver of rights on appeal.” (Id.); Martinez v. Ylst, 951 F.2d 1153 3 (9th Cir. 1991); Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014). According to 28 U.S.C. § 636(b)(1)(C), this Court has conducted a de novo review of this 4 5 case. Having carefully reviewed the entire file, the Court concludes that the findings and 6 recommendations are supported by the record and by proper analysis. 7 Accordingly, 8 1. The findings and recommendations issued on August 28, 2023, (ECF No. 99), are ADOPTED in FULL; 9 10 2. The motion for approval of minor’s compromise filed on August 11, 2023, (ECF No. 98), is GRANTED; and 11 12 3. The Parties are ordered to file a stipulation for dismissal of the action with prejudice, and lodge a separate order, no later than 45 days after the issuance of this Order. 13 14 15 16 17 18 IT IS SO ORDERED. Dated: October 18, 2023 UNITED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28 2

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