Palomares v. City of Arvin et al, No. 1:2021cv01745 - Document 50 (E.D. Cal. 2023)
Court Description: ORDER ADOPTING 49 Findings and Recommendations and Approving 47 Plaintiff's Petition for Compromise of Incompetent Person's Claims, signed by District Judge Jennifer L. Thurston on 12/21/2023. Thirty-Day Deadline. (Maldonado, C)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 MANUEL PALOMARES, by and through his Guardian Ad Litem VIOLETA NEGRETE GARCIA, 13 Plaintiff, 14 15 Case No. 1:21-cv-01745-JLT-CDB ORDER ADOPTING FINDINGS AND RECOMMENDATION AND APPROVING PLAINTIFF’S PETITION FOR COMPROMISE OF INCOMPETENT PERSON’S CLAIMS v. (Doc. 49) CITY OF ARVIN, et al.. 16 Defendants. 17 18 Pending before the Court is Plaintiff’s second petition for approval of an incompetent person’s 19 claims by Manuel Palomares (“Palomares”) by and through his niece and guardian ad litem, Violeta 20 Negrete Garcia. (Doc. 47).1 21 The assigned Magistrate Judge issued findings and recommendations to approve Plaintiff’s 22 proposed settlement of Palomares’ damage claims pursuant to Fed. R. Civ. P. 17 and Local Rule 202. 23 (Doc. 49). The Court served the findings and recommendations and gave the parties 14 days to file 24 objections thereto. (Id. at 6). As of the date of this order, more than 14 days have passed, and no 25 objections have been filed. The findings and recommendations advised the parties that “failure to file 26 27 28 1 This matter was referred to the assigned Magistrate Judge (see Doc. 8 pp. 1-2) pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 1 1 objections within the specified time may result in the waiver of rights on appeal.” (Id.) (citing 2 Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014)). 3 According to 28 U.S.C. § 636(b)(1)(C), this Court has conducted a de novo review of this case. 4 Having carefully reviewed the entire file, the Court concludes that the findings and recommendations 5 are supported by the record and by proper analysis. Thus, the Court ORDERS: 6 7 8 9 10 11 1. The findings and recommendations issued on December 4, 2023 (Doc. 49), are ADOPTED in FULL; 2. The motion for approval of incompetent person’s compromise filed on October 13, 2023, (Doc. 47), is GRANTED; and 3. The parties are ordered to file a stipulation for dismissal of the action with prejudice, and lodge a separate order, no later than 30 days after the issuance of this order. 12 13 14 IT IS SO ORDERED. Dated: December 21, 2023 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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