Summary
The United States District Court for the Eastern District of California approved in full an unopposed petition to approve the settlement of a minor’s federal and state law claims arising from alleged abuse by a special education teacher. The court found the $125,000 settlement fair, reasonable, and in the child’s best interests, with attorney’s fees and costs deducted and the remaining proceeds deposited into a special needs trust. The order also required proof that the trust was funded and directed the parties to file a dismissal with prejudice.
Holdings
- A settlement or compromise of a minor's claims is not effective without court approval, and the court must independently assess whether the compromise protects the minor's interests even when the settlement is recommended or negotiated by the minor's parent or guardian ad litem.
- The proposed $125,000 settlement is fair, reasonable, and in E.P.'s best interests and is approved in full.
- The requested $25,000 allocation for attorney's fees and costs is approved.
Questions Presented
- Whether the court should approve the proposed settlement of a minor's federal and state-law claims under Federal Rule of Civil Procedure 17(c) and Local Rule 202.
- Whether the proposed $125,000 settlement, including the allocation for attorney's fees and costs and the deposit of the balance into a special-needs trust, is fair, reasonable, and in E.P.'s best interests.
Disposition
approved
Cases Cited (15)
- K.M. v. Tehachapi School District, No. 1:17-cv-01431-LJO-JLT, 2019 WL 991048, at *4 (E.D. Cal. Feb. 28, 2019)(followed)
- Robidoux v. Rosengren, 638 F.3d 1177, 1179 n.2, 1181-82 (9th Cir. 2011)(followed)
- Salmeron v. United States, 724 F.2d 1357, 1363 (9th Cir. 1983)(followed)
- Bravo v. United States, No. 1:14-cv-01004-AWI-JLT, 2016 WL 3418450, at *3 (E.D. Cal. June 22, 2016)(followed)
- J.J. v. Rocklin Unified Sch. Dist., No. 2:19-cv-01404-KJM-DB, 2020 WL 363908, at *3-4 (E.D. Cal. Jan. 22, 2020)(followed)
- Chance v. Prudential Ins. Co. of Am., No. 1:15-cv-01889-DAD-JLT, 2016 WL 3538345, at *3 (E.D. Cal. June 29, 2016)(followed)
- Timothy O v. Paso Robles Unified School Dist., 822 F.3d 1105, 1116 (9th Cir. 2016)(cited)
- J.T. v. Tehachapi Unified Sch. Dist., No. 1:16-cv-01492-DAD-JLT, 2016 WL 11812476, at *2 (E.D. Cal. Feb. 27, 2019)(followed)
- A.M.L. v. Cernaianu, No. LA CV12-06082 JAK (RZx), 2014 WL 12588992, at *3 (C.D. Cal. Apr. 1, 2014)(followed)
- Pearson v. Superior Court, 202 Cal. App. 4th 1333, 1330 (2012)(followed)
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