B. R. L. v. Clinica Sierra Vista

United States District Court for the Eastern District of California

B. R. L. v. Clinica Sierra Vista

Trial Court Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 B.R.L., a minor, by and through his Case No. 1:21-cv-01445 JLT CDB guardian ad litem, FRANCHESCA 12 LARA, et al., ORDER ADOPTING FINDINGS AND RECOMMENDATIONS APPROVING 13 Plaintiffs, PETITION FOR MINOR’S COMPROMISE, AND DIRECTING THE PARTIES TO FILE 14 v. DISPOSITIONAL DOCUMENTS

15 CLINICA SIERRA VISTA, et al., (Docs. 46, 48, 49)

16 Defendants.

17 18 The parties filed a stipulated petition for approval of the compromise of the claims of 19 brought by B.R.L, by and through his guardian ad litem Franchesca Lara. (Doc. 46.) Upon the 20 request of the Court, Plaintiffs filed supplemental briefing regarding B.R.L, expert reports, and 21 representation of the minor plaintiff. (Docs. 47, 48.) Upon review of the stipulated petition and 22 supplemental briefing, the magistrate judge found the proposed award, distribution method, and 23 requested fees were appropriate. (Doc. 49 at 4-7.) In addition, the magistrate judge found the 24 proposed settlement amount is fair, reasonable, and in the best interests” of the minor plaintiff, 25 when compared to the recovery in similar actions. (Id. at 9; see also id. at 7-9.) Therefore, the 26 magistrate judge recommended that the Court approve the petition. (Id. at 9.) 27 The Court served the Findings and Recommendations on the parties and notified them that any objections were due within 14 days. (Doc. 49 at 9.) The Court also advised the parties the 1 | “failure to file objections within the specified time may waive the right to appeal the district 2 | judge’s order.” (d., citing Martinez v. Yist,

951 F.2d 1153

(9th Cir. 1991).) Neither Plaintiffs 3 | nor Defendants filed objections, and the time do so has expired. 4 According to

28 U.S.C. § 636

(b)(1), the Court performed a de novo review of this case. 5 | Having carefully reviewed the matter, the Court concludes the Findings and Recommendations 6 || are supported by the record and proper analysis. Thus, the Court ORDERS: 7 1. The findings and recommendations issued on October 16, 2024 (Doc. 49) are 8 ADOPTED in full. 9 2. The petition for approval of the minor’s compromise is GRANTED. 10 3. The parties SHALL file a dispositional documents within 45 days of the date of 11 this order. 12 B IT IS SO ORDERED. 14 | Dated: _ November 11, 2024 Cerin | Tower TED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Reference

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