Rose v. Fresno Food Concept, Inc., et al., No. 1:2022cv00180 - Document 24 (E.D. Cal. 2022)

Court Description: ORDER ADOPTING 20 Findings and Recommendations regarding Petition for Approval of Settlement and Compromise of Disabled Adult's Claims, signed by District Judge Anthony W. Ishii on 09/13/2022. CASE CLOSED(Martin-Gill, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 TIFFANY FLETCHER as Guardian Ad Litem for PATRICIA A ROSE, Plaintiff, 13 14 15 16 17 v. FRESNO FOOD CONCENT, INC. dba Perkos Café 187 Selma Food Co., MALIBU FOOD CONCEPT 101, INC. dba Seven Bar and Grill, Case No. 1:22-cv-00180-AWI-BAM ORDER ADOPTING FINDINGS AND RECOMMENDATIONS REGARDING PETITION FOR APPROVAL OF SETTLEMENT AND COMPROMISE OF DISABLED ADULT’S CLAIMS (Docs. 15, 20) Defendants. 18 19 Plaintiff Tiffany Fletcher, as Guardian Ad Litem for Patricia A. Rose, initiated this action 20 on February 11, 2022, against Defendant Malibu Food Concept 101, Inc. dba Seven Bar and Grill 21 and Defendant Fresno Food Concept, Inc. dba Perkos Café 187 Selma Food Co. (Doc. 1.) On 22 June 15, 2022, Plaintiff filed a petition for court approval of a settlement and compromise of 23 claims against Defendant Malibu Food Concept 101, Inc. dba Seven Bar and Grill. (Doc. 15.) 24 On July 18, 2022, the assigned magistrate judge issued findings and recommendations 25 recommending: (1) the petition for approval be granted; (2) the terms of the settlement, including 26 payment of attorneys’ fees and costs, the medical liens and bills, and payment to Tiffany Fletcher 27 be approved as fair and reasonable; and (3) Guardian Ad Litem Tiffany Fletcher be ordered to 28 provide quarterly reports to the Court verifying disbursement of the net settlement proceeds for 1 1 the care and maintenance of Ms. Rose beginning on September 30, 2022, and at the end of every 2 quarter thereafter until September 30, 2024. (Doc. 20.) Those findings and recommendations 3 were served on the parties and contained notice that any objections thereto were to be filed within 4 fourteen (14) days after service. (Id.) Plaintiff filed a statement of non-objection on July 18, 5 2022. (Doc. 21.) Defendant Malibu Food Concept 101, Inc. dba Seven Bar and Grill filed a 6 statement of non-objection on July 28, 2022. (Doc. 22.) 7 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), this court has conducted a 8 de novo review of this case. Having carefully reviewed the entire file, the court finds the findings 9 and recommendations to be supported by the record and by proper analysis. 10 Accordingly, IT IS HEREBY ORDERED that: 11 1. The findings and recommendations issued on July 18, 2022 (Doc. 20) are adopted in 12 13 full; 2. The petition for approval of the settlement and compromise of claims against 14 Defendant Malibu Food Concept 101, Inc. dba Seven Bar and Grill. (Doc. 15) is 15 granted; 16 3. The terms of the settlement, including payment of attorneys’ fees and costs, the 17 medical liens and bills, and payment to Tiffany Fletcher are approved as fair and 18 reasonable; 19 4. Guardian Ad Litem Tiffany Fletcher is ordered to provide quarterly reports to the 20 court verifying disbursement of the net settlement proceeds for the care and 21 maintenance of Ms. Rose beginning on September 30, 2022, and at the end of every 22 quarter thereafter until September 30, 2024; and 23 5. The Clerk of the Court is directed to administratively close this case. 24 25 26 IT IS SO ORDERED. Dated: September 13, 2022 SENIOR DISTRICT JUDGE 27 28 2

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