Opinion
CASE NO. 2:19-cv-01232-RSL-JRC
03-04-2020
MARTHA VILLASENOR, et al., Plaintiffs, v. SEATTLE PUBLIC SCHOOLS, et al., Defendants.
REPORT AND RECOMMENDATION NOTED FOR: March 20, 2020
This matter has been referred to the undersigned by the District Court (see Dkt. 8) and is before the undersigned on the parties' stipulation of dismissal (Dkt. 17) and the Court's order to show cause regarding minor settlement. See Dkt. 18.
The parties—"F.D.C. Villasenor," Martha Villasenor, and Seattle Public Schools—stipulated to dismissal of this matter and filed a notice of dismissal with prejudice. See Dkt. 17. Because one party was listed as a minor when this matter was initiated, the Court ordered the parties to show cause regarding minor settlement—that is, the parties had to show cause regarding whether the Court should approve the settlement in light of the Court's special duty to safeguard minor litigants' interests. See Dkt. 18.
Plaintiff "F.D.C. Villasenor" responded by filing a declaration stating that although he was a minor when the litigation began, he has since turned 18 years old. See Dkt. 19. He states that he was over the age of 18 when he "signed settlement paperwork" in this matter. Dkt. 19, at 1.
Because plaintiff is no longer a minor, the Court's special duty to safeguard minors' interests no longer applies, and the Court need not separately inquire into whether the settlement serves plaintiff F.D.C.'s best interests. Therefore, the undersigned recommends that the District Court grant the parties' stipulated motion for dismissal (Dkt. 17) and dismiss this matter with prejudice.
Pursuant to 28 U.S.C. § 636(b)(1) and Fed. R. Civ. P. 72(b), the parties shall have fourteen (14) days from service of this Report to file written objections. See also Fed. R. Civ. P. 6. Failure to file objections will result in a waiver of those objections for purposes of de novo review by the district judge, see 28 U.S.C. § 636(b)(1)(C), and can result in a result in a waiver of those objections for purposes of appeal. See Thomas v. Arn, 474 U.S. 140 (1985); Miranda v. Anchondo, 684 F.3d 844, 848 (9th Cir. 2012) (citations omitted). Accommodating the time limit imposed by Rule 72(b), the Clerk is directed to set the matter for consideration on March 20, 2020, as noted in the caption.
Dated this 4th day of March, 2020.
/s/_________
J. Richard Creatura
United States Magistrate Judge