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ESTATE OF CUARESMA v. U.S.

United States District Court, N.D. California


March 19, 2004.

ESTATE OF MARIO C. CUARESMA, Plaintiff,
v.
UNITED STATES, et al., Defendants. ANGELO CUARESMA, et al., Plaintiffs, v. UNITED STATES, Defendant

The opinion of the court was delivered by: SAMUEL CONTI, Senior District Judge

ORDER APPROVING MINORS' COMPROMISE AND JUDGMENT

Angelo Cuaresma, Benedict Cuaresma and Arielle Cuaresma are the minor Plaintiffs in this wrongful death action. Their mother and guardian ad litem, Elizabeth Cuaresma, has petitioned this Court for an order approving the settlement reached amongst the parties as set forth in the Stipulation and Order re Compromise Settlement and Approving Minors' Compromise. Ex. 3 to Declaration of Chris Viadro.

Good cause appearing, said settlement is Hereby Approved and shall be executed in conformity with the Stipulation and Order re Compromise Settlement. Additionally, the settlement proceeds of Page 2 $125,000 shall be distributed as follows. Consistent with the Authorization and Retainer Agreement entered between Elizabeth Cuaresma and The Law Officers of William L. Veen, said law firm shall first be reimbursed $15,058.62 for the reasonable costs incurred in litigating this matter. Said law firm shall further receive $27,485.35 in fees which represents 25% of the balance after deduction for costs. Five hundred dollars shall be retained by the Law Officers of William L. Veen for any additional costs that may become known before May 1, 2004. Plaintiffs' mother and guardian ad litem, Elizabeth Cuaresma, shall serve as trustee for the balance of the proceeds, i.e., $82,456.03, which is to be held by her for the benefit of Plaintiffs Angelo Cuaresma, Benedict Cuaresma and Arielle Cuaresma in equal shares until they respectively become age 18. Elizabeth Cuaresma is instructed to deposit said proceeds in an interest — bearing account at a reputable banking institution and leave with the Court a deposit slip verifying this transaction. No one shall be permitted to withdraw funds from this account without prior Court approval.

  The Law Offices of William L. Veen shall disburse any remaining funds from the $500 held for any additional costs on or before May 1, 2004 in the manner dictated by the Authorization and Retainer Agreement between the parties.

  IT IS SO ORDERED.

20040319

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