Opinion
2:19-cv-01612-KJM-CKD
01-11-2023
David E. Smith Smith Zitano Law Firm LAURIE HIGGINBOTHAM, pro hac vice Texas State Bar Number: 50511759 TOM JACOB, pro hac vice Texas State Bar Number: 24069981 Whitehurst, Harkness, Brees, Cheng, Alsaffar, Higginbotham, & Jacob, PLLC Attorneys for Plaintiffs
David E. Smith
Smith Zitano Law Firm
LAURIE HIGGINBOTHAM, pro hac vice
Texas State Bar Number: 50511759
TOM JACOB, pro hac vice
Texas State Bar Number: 24069981
Whitehurst, Harkness, Brees, Cheng, Alsaffar, Higginbotham, & Jacob, PLLC
Attorneys for Plaintiffs
ORDER APPROVING MINOR SETTLEMENT
On December 9, 2022, the above-captioned matter came on for hearing and approval by the Court as to the reasonableness of a settlement between Plaintiffs K.C., by his natural guardians and parents Renee Booth and Bradley Converse, Jr., individually and as next friends of the minor K.C., (collectively, “Plaintiffs”), and Defendant the United States of America (the “United States”).
Pursuant to Local Rule 6-1(a) of the Federal Rules of Civil Procedure, the infant plaintiff is identified herein only by his initials.
1. The complete and precise terms and conditions of the settlement are set forth in the Stipulation for Compromise Settlement and Release (hereinafter “Stipulation”), attached as Exhibit A. The Court has reviewed the Stipulation, Plaintiffs' motion for approval of the settlement, and the documents submitted in support of the motion, and heard Plaintiffs' arguments in favor of this settlement. The Court is fully informed of the specifics of the full and final terms and conditions of the settlement. The Court finds that the terms and conditions of this settlement, as set forth in the Stipulation, are fair, reasonable, and in the best interests of K.C., a minor. The Court further finds that the terms and conditions of this settlement, as set forth in the Stipulation, satisfy the reasonableness requirements set forth in Robidoux v. Rosengren, 638 F.3d 1177 (9th Cir. 2011).
2. IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the settlement, as set forth in Exhibit A, is hereby approved. It is further ordered that Renee Booth and Bradley Converse, Jr., as mother and father and natural guardians, are authorized and required to sign any documents that are necessary to consummate this settlement on behalf of K.C., a minor. It is further ordered that Renee Booth and Bradley Converse, Jr., as mother and father and natural guardians, are guardian of the property of K.C., a minor, for purposes of receiving funds on his behalf under the Stipulation and this Order.
3. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the settlement amount of $3,000,000.00 (hereinafter “Settlement Amount”) shall be distributed according to the terms and conditions of the Stipulation.
4. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the Guardian Ad Litem fees of Walter P. “Chip” Evans, IV in the amount of $3,000.00 are approved and taxes as costs to Plaintiffs.
5. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that attorney's fees for Whitehurst, Harkness, Brees, Cheng, Alsaffar, Higginbotham & Jacob, PLLC in this action shall be set at an amount not exceeding 25% of the Settlement Amount, and shall be paid as provided in the Stipulation. The Court finds that the reimbursable costs and expenses associated with the litigation are approximately $149,047.69 and that such costs and expenses are fair, reasonable, and necessary, understanding that there may be some additional reasonable and necessary costs associated with the finalization and disbursement of these funds after the entry of this Order. It is hereby ordered that such costs and expenses are approved and are to be paid as provided in the Stipulation.
IT IS SO ORDERED.