1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 ----oo0oo---- 11 12 ANDREW POPP, an individual; ROSA No. 1:23-cv-01221 WBS EPG POPP, an individual; E.L., a 13 minor by and through her guardian ad litem, ROSA POPP; 14 A.P., a minor by and through her ORDER APPROVING MINORS’ guardian ad litem, ROSA POPP, COMPROMISE 15 Plaintiffs, 16 v. 17 UNITED STATES OF AMERICA, 18 Defendant. 19 20 21 ----oo0oo---- 22 Plaintiffs brought this suit against the United States 23 as a result of a car accident involving an employee of the U.S. 24 Department of Agriculture in October 2021. After the parties 25 agreed to a settlement for a total of $50,000, minors E.L. and 26 A.P., by and through their guardian ad litem and mother Rosa 27 Popp, moved for approval of the compromise of their claims. 28 1 (Docket No. 41.) The court held a hearing on the motion on 2 February 24, 2025. 3 Under the Eastern District of California’s Local Rules, 4 the court must approve the settlement of the claims of a minor. 5 E.D. Cal. L.R. 202(b). The party moving for approval of the 6 settlement must provide the court “information as may be required 7 to enable the [c]ourt to determine the fairness of the settlement 8 or compromise[.]” Id. at L.R. 202(b)(2); see also Robidoux v. 9 Rosengren,

(9th Cir. 2011) (stating that 10 district courts have a duty “to safeguard the interests of minor 11 plaintiffs” that requires them to “determine whether the net 12 amount distributed to each minor plaintiff in the proposed 13 settlement is fair and reasonable[.]”). District courts must 14 “limit the scope of their review to the question whether the net 15 amount distributed to each minor plaintiff in the settlement is 16 fair and reasonable, in light of the facts of the case, the 17 minor’s specific claim, and recovery in similar cases.”

at 18 1181-82. 19 Under the proposed settlement, plaintiff E.L. will 20 receive a net amount of $2,835.40 and Carter Law Group will 21 receive $1,250.00 in attorney’s fees, $392.32 in advanced case 22 costs, $53.20 to be paid to Bright Pediatrics & Endocardiograph, 23 and $469.08 to be paid to CSAA insurance to satisfy medical 24 payment reimbursement for medical care previously provided. 25 Plaintiff A.P. will receive a net amount of $3,018.40 and Carter 26 Law Group will receive $1,250.00 in attorney’s fees, $363.61 in 27 advanced case costs, $53.20 to be paid to Bright Pediatrics & 28 Endocardiograph, and $314.79 to be paid to CSAA insurance to 1 satisfy medical payment reimbursement for medical care previously 2 provided. Plaintiffs Rosa Popp and Andrew Popp will receive 3 $28,145.05 in net recovery and Carter Law Group will receive 4 $10,000.00 in attorney’s fees, $461.39 for costs and expenses, 5 $105.77 to be paid to Anthem Blue Cross for reimbursement for 6 medical services paid, and $1,287.80 to be paid to CSAA insurance 7 to satisfy medical payment reimbursement for medical care 8 previously provided.1 9 The court, after considering all of the relevant 10 submissions, finds that the settlement is fair, reasonable, and 11 in the best interest of minors E.L. and A.P.. See E.D. Cal. L.R. 12 202(b). The settlement is for a substantial sum, considering the 13 injuries allegedly suffered by the minor plaintiffs, and it is 14 not certain that plaintiffs would recover that amount against 15 defendants if the case proceeded to trial. The court also notes 16 that the total amount plaintiffs’ counsel will receive as fees 17 amounts to 25% of the total recovery, which is consistent with 18 the provisions of the Federal Tort Claims Act,

, 19 and which is the “benchmark” for attorney’s fees in contingency 20 cases involving minors in the Eastern District of California.2 21 See Chance v. Prudential Ins. Co. of Am., No. 1:15-cv-1889 DAD 22 1 The $50,000 total settlement is divided between the 23 parties such that the two minors each receive a gross $5,000 payment and Rosa and Andrew Popp receive a gross $40,000 payment, 24 and then the various attorney’s fees, expenses, and medical payments are deducted from those gross amounts. 25

26 2 Notably, plaintiffs’ counsel represented at the hearing on this motion that he had initially advised plaintiffs to reject 27 the government’s settlement offer, but plaintiffs, including the mother acting as guardian ad litem for E.L. and A.P., decided of 28 their own accord to accept the offer. 1 JLT,

, at *3 (E.D. Cal. June 29, 2016) (collecting 2 cases). 3 IT IS THEREFORE ORDERED that the motion for approval of 4 minors’ compromise filed by plaintiffs E.L. and A.P., by and 5 through their guardian ad litem and mother Rosa Popp, (Docket No. 6 41) be, and the same hereby is, GRANTED. The court orders as 7 follows: 8 1. Defendant United States of America shall pay the total 9 sum of $50,000.00 in accordance with the parties’ settlement 10 agreement and distributed as follows: 11 a. $2,835.40 to plaintiff E.L. payable by electronic 12 funds transfer to Wells Fargo to be deposited into a blocked 13 account. 14 b. $2,164.60 payable by electronic funds transfer to 15 Carter Law Group attorney client trust account for attorney’s 16 fees ($1,250.00), advanced case costs ($392.32), payment to 17 Bright Pediatrics & Endocardiograph ($53.20) and payment to CSAA 18 insurance to satisfy medical payment reimbursement for medical 19 care previously provided ($469.08). 20 c. $3,018.40 to plaintiff A.P. payable by electronic 21 funds transfer to Wells Fargo to be deposited into a blocked 22 account. 23 d. $1,981.60 payable by electronic funds transfer to 24 Carter Law Group attorney client trust account for attorney’s 25 fees ($1,250.00), advanced case costs ($363.61), payment to 26 Bright Pediatrics & Endocardiograph ($53.20) and payment to CSAA 27 insurance to satisfy medical payment reimbursement for medical 28 care previously provided ($314.79). ee enn een nn nnn nnn nen en nnn OIE ED

1 e. $40,000.00 payable by electronic funds transfer to 2 Carter Law Group Trust Account and Plaintiffs Rosa Popp and 3 | Andrew Popp with distributions as follows: 4 i. $461.39 for costs and expenses that were 5 incurred and advanced by counsel. 6 ii. $10,000.00 for attorney’s fees. 7 iii. $105.77 contractual reimbursement to Anthem 8 Blue Cross for medical expenses paid. 9 iv. $1,287.80 contractual reimbursement to CSAA 10 insurance to satisfy medical payment reimbursement obligations 11 for medical care paid by CSAA insurance. 12 Vv. $28,145.04 as net recovery to Rosa Popp and 13 Andrew Popp. 14 2, The parties are directed to file disposition documents 15 | within sixty (60) days of the date of this Order. 16 IT IS SO ORDERED. 17 | Dated: February 25, 2025 oitiomn th. Ld. be—~ 18 WILLIAM B. SHUBB UNITED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28