Opinion
20-cv-2096-BAS-DDL
08-01-2024
THE ESTATE OF ELISA SERNA, et al., Plaintiffs, v. COUNTY OF SAN DIEGO, et al., Defendants.
ORDER GRANTING IN PART AND DENYING IN PART JOINT MOTION FOR ORDER REFERRING SPECIFIED MATTERS TO UNITED STATES MAGISTRATE JUDGE (ECF NO. 506)
HON. CYNTHIA BASHANT UNITED STATES DISTRICT JUDGE
Having reached a settlement agreement, the parties now move for the magistrate judge who oversaw the settlement discussions in this case, Judge Leshner, to determine whether the settlement serves the best interests of the minors involved. (ECF No. 506 at 2:4-5.) The parties also jointly move for and consent to Judge Leshner retaining “jurisdiction to enforce the settlement agreement, including the non-monetary terms, for the one-year period beginning June 28, 2024,” as well as the power to dismiss “this action upon payment of the settlement funds pursuant to the terms of the settlement agreement.” (Id. at 2:6-9.)
Under Federal Rule of Civil Procedure (“Rule”) 17(c), district courts have a special duty to safeguard the interests of litigants who are minors. See Robidoux v. Rosengren, 638 F.3d 1177, 1181 (9th Cir. 2011); Fed.R.Civ.P. 17(c). 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.” Fed.R.Civ.P. 17(c). Accordingly, under Civil Local Rule 17.1, a court order or judgment is required for any action in which a minor has an interest to be settled, compromised, voluntarily discontinued, dismissed or terminated. CivLR 17.1(a).
This special duty requires district courts to “conduct [their] own inquiry to determine whether the settlement serves the best interests of the minor.” Dacanay v. Mendoza, 573 F.2d 1075, 1080 (9th Cir. 1978). This inquiry is an “independent inquiry.” Robidoux, 638 F.3d at 1181. Therefore, because this Court was not involved in the mediation of the settlement agreement in question, this Court will rule on the petition for approval of the minor's compromise, and thereby DENIES IN PART the parties' joint motion. (ECF No. 506.) However, the Court GRANTS IN PART the joint motion as to the parties' requests that Judge Leshner retain settlement enforcement powers for a year, and the power to dismiss the action upon payment of the settlement funds. (Id.)
Accordingly, the Court hereby ORDERS as follows: Any Petition for Approval of a Minor's Compromise (“Petition”) shall be filed no later than August 21, 2024 . The Petition should address:
1. The compromised claims, including a description of each minor plaintiff's injuries, treatment for same, whether such treatment is ongoing and/or expected to continue and for what duration, and the costs associated with such past, ongoing and/or future treatment;
2. The date of birth of the minor plaintiffs;
3. The identity of the petitioner, including the petitioner's relationship to the minor plaintiff(s) and the petitioner's financial stake in the matter, if any;
4. The total value of the settlement, including: (a) the value of each minor plaintiff's portion of the settlement; (b) the value of the portion of the settlement awarded to adult plaintiffs, if any; and (c) the apportionment of the settlement amount among defendants, if applicable;
5. Plaintiffs' counsel's requested fees, both as a dollar amount and as a percentage of the total settlement amount;
6. Any itemized costs to be deducted from the settlement;
7. A description of the settlement structure; and
8. Any other information the parties believe would assist this Court's review of the proposed compromise.
The Court strongly prefers that the Petition be filed as a joint submission by the parties. If this is not possible, the Petition should indicate whether any party opposes the Petition and if so, on what basis.
The parties may move the Court for permission to file the Petition and any supporting documents under seal to protect the privacy of the minor plaintiff(s) and/or to keep the details of the settlement confidential. The parties should follow the District's policies and procedures for filing documents under seal on CM/ECF, as well as this Court's Standing Order for Civil Cases.
IT IS SO ORDERED.