Opinion
Civil Action 5:20-CV-21
07-30-2021
ALVARO VILLANUEVA, CYNTHIA VILLANUEVA, AND WHITHEY TURGEON, AS NEXT FRIEND OF A.V., III, A MINOR CHILD Plaintiffs. v. UNITED STATES OF AMERICA Defendant.
ORDER
Marina Garcia Marmolejo United States District Judge
After holding a settlement hearing on this matter, United States Magistrate Judge John A. Kazen issued a Report and Recommendation in accordance with 28 U.S.C. § 636(b)(3), recommending that the Court approve the proposed settlement as it pertains to Minor Plaintiff A.V., III (Dkt. No. 29). At the close of the settlement hearing, the Parties, through their counsel, waived their right to object to the proposed findings and recommendations contained in Judge Kazen's Report (id. at 4). Accordingly, this Court may act on this Report immediately and reviews the proposed findings and recommendations for plain error.
Having considered the record, the Report, and the applicable law, the Court hereby ADOPTS the Report and Recommendation (Dkt. No. 29) as the findings and opinion of the Court. The Court hereby APPROVES the proposed settlement as it pertains to Minor Plaintiff A.V., III. The Clerk of Court is hereby DIRECTED, upon receipt of the settlement funds for A.V., III, to deposit said funds into an interestbearing account. A.V., III, will be entitled to withdraw settlement funds upon reaching eighteen years of age and upon the filing of a proper motion and order by the Court. Finally, the Court hereby ORDERS the Parties to file closing documents (i.e., a joint stipulation of dismissal pursuant to Fed.R.Civ.P. 41, signed by counsel for all Parties) no later than August 29, 2021.
It is so ORDERED.