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Swayzer v. City of San Jose

United States District Court, N.D. California, San Jose Division
Aug 5, 2011
No. C10-03119 HRL (N.D. Cal. Aug. 5, 2011)

Summary

finding net recovery of $2,054.17 for minor's claim against city for alleged wrongful death of parent during arrest to be fair and reasonable

Summary of this case from Estate of Alvarado v. Tackett

Opinion

No. C10-03119 HRL.

August 5, 2011


ORDER GRANTING PETITION FOR APPROVAL OF MINOR'S COMPROMISE [Re: Docket No. 33]


BACKGROUND

This is a § 1983 action against defendant City of San Jose (the "City"). Plaintiffs are Prince Swayzer II; Deborah Porter; and Jill Scott, the guardian ad litem on behalf of J.P.S. and administrator of the estate of her minor son, decedent Prince Swayzer III (collectively, "Plaintiffs"). Plaintiffs sued the City under 18 U.S.C. § 1983 and other authorities in relation to the alleged wrongful death of Prince Swayzer III during his arrest by officers of the San Jose police department.

Defendant Taser International, Inc. was terminated pursuant to the parties' stipulation filed on January 21, 2011. Docket No. 26.

Following early neutral evaluation, the parties entered into an agreement whereby the City will pay $10,000 to Plaintiffs in complete and final settlement of all claims. After deducting costs and 25% attorney fees, each plaintiff — including Scott, on behalf of J.P.S. — will receive a net total of $2,054.17. Because J.P.S. is a minor, Plaintiffs filed a petition for approval of minor's compromise.

LEGAL STANDARD

"District courts have a special duty, derived from Federal Rule of Civil Procedure 17(c), to safeguard the interests of litigants who are minors." Robidoux v. Rosengren, 638 F.3d 1177, 1181 (9th Cir. 2011). "Rule 17(c) provides, in relevant part, that a district court `must appoint a guardian ad litem — or issue another appropriate order — to protect a minor or incompetent person who is unrepresented in an action.'" Id. (quoting FED. R. CIV. P. 17(c)). "In the context of proposed settlements in suits involving minor plaintiffs, this special duty requires a district court to `conduct its own inquiry to determine whether the settlement serves the best interests of the minor.'" Id. (quotingDacanay v. Mendoza, 573 F.2d 1075, 1080 (9th Cir. 1978)).

As the Ninth Circuit has recently made clear, in cases involving the settlement of a minor's federal claims, district courts should "limit the scope of their review to the question whether the net amount distributed to each minor plaintiff in the settlement is fair and reasonable, in light of the facts of the case, the minor's specific claim, and recovery in similar cases," and should "evaluate the fairness of each minor plaintiff's net recovery without regard to the proportion of the total settlement value designated for adult co-plaintiffs or plaintiffs' counsel — whose interests the district court has no special duty to safeguard." Id. at 1181-82 (citing Dacanay, 573 F.2d at 1078).

The Ninth Circuit did not express a view on the proper approach for a federal court to use when sitting in diversity and approving the settlement of a minor's state law claims. Robidoux, 638 F.3d at 1179 n. 2. Plaintiffs brought claims under both federal and state law. Nevertheless, the Court will look to the Ninth Circuit's guidance with respect to all of their claims.

DISCUSSION

J.P.S., through his guardian ad litem, has agreed to settle his claims against the City in exchange for $2,054.17. Upon review of the papers submitted, the Court finds this amount to be reasonable and the settlement to be in the best interest of all parties. The Court grants Plaintiffs' application.

CONCLUSION

Based on the foregoing, Plaintiffs' application for this Court's approval of a minor's compromise it GRANTED. The parties shall promptly file a stipulated dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii).

IT IS SO ORDERED.


Summaries of

Swayzer v. City of San Jose

United States District Court, N.D. California, San Jose Division
Aug 5, 2011
No. C10-03119 HRL (N.D. Cal. Aug. 5, 2011)

finding net recovery of $2,054.17 for minor's claim against city for alleged wrongful death of parent during arrest to be fair and reasonable

Summary of this case from Estate of Alvarado v. Tackett

finding settlement of minor's claims against the City for $2,054.17 fair and reasonable

Summary of this case from Cotta v. Henderson

finding settlement of minor's section 1983 claims against the City for $2,054.17 fair and reasonable

Summary of this case from Napier v. San Diego Cnty.

finding settlement of minor's section 1983 claims against the City in exchange for $2,054.17 fair and reasonable

Summary of this case from Frary v. County of Marin

approving a minor's compromise for net amount of $2,054.17 in the wrongful death action, where the minor's father died during the course of his arrest

Summary of this case from S.A.C. v. Cnty. of San Diego

approving minor's compromise for net amount of $2,054.17 in a § 1983 case involving the alleged wrongful death of plaintiff's father during his arrest

Summary of this case from Patino v. Cnty. of Merced

approving net total of $2,054 to minor for wrongful death claim arising out of arrest

Summary of this case from Estate of Fernando Sauced A v. City of North Las Vegas

approving minor's compromise for net amount of $2,054.17 in a § 1983 case involving the alleged wrongful death of plaintiff's father during his arrest

Summary of this case from Alderman v. City of Bakersfield

approving minor's compromise for net amount of $2,054.17 in a § 1983 case involving the alleged wrongful death of plaintiff's father during his arrest

Summary of this case from Durbin v. Bonilla

approving a minor's compromise for net amount of $2,054.17 in the wrongful death action, where the minor's father died during the course of his arrest

Summary of this case from Garlick v. County of Kern

approving a minor's compromise for net amount of $2,054.17 in the wrongful death action, where the minor's father died during the course of his arrest

Summary of this case from Garlick v. County of Kern

approving a minor's compromise for net amount of $2,054.17 in the wrongful death action, where the minor's father died during the course of his arrest

Summary of this case from Garlick v. County of Kern

approving minor's compromise for net amount of $2,054.17 in action involving alleged wrongful death of minor's father during his arrest

Summary of this case from E.R. v. Cnty. of Stanislaus

approving minor's compromise for net amount of $2,054.17 in action involving alleged wrongful death of minor's father during his arrest

Summary of this case from E.S. v. City of Visalia

approving minor's compromise for net amount of $2,054.17 in a § 1983 case involving the alleged wrongful death of plaintiff's father during his arrest

Summary of this case from Hagan v. Cal. Forensic Med. Grp.
Case details for

Swayzer v. City of San Jose

Case Details

Full title:PRINCE SWAYZER II, et al., Plaintiffs, v. CITY OF SAN JOSE, Defendant

Court:United States District Court, N.D. California, San Jose Division

Date published: Aug 5, 2011

Citations

No. C10-03119 HRL (N.D. Cal. Aug. 5, 2011)

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