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Josephina Lucio Gonzalez, et al v. Michael B. Deveny

February 22, 2011

JOSEPHINA LUCIO GONZALEZ, ET AL, PLAINTIFFS,
v.
MICHAEL B. DEVENY,
DEFENDANT.



The opinion of the court was delivered by: Justin L. Quackenbush Senior United States District Judge

MEMORANDUM ON PLAINTIFFS' PETITION FOR AUTHORITY TO COMPROMISE

Before the court is the Plaintiffs. Petition For Authority To Compromise Minors' Claims (Docket No. 40).

Counsel for the Plaintiffs, in the Petition, appears to have only set forth the factual events that describe matters favorable to the defense. Such pleadings have been seen by this court in other petitions seeking approval of a settlement of minors' claim in an effort to advise the court as to the reasons why the proposed settlement is reasonable. However, in this case, as in other cases, the court must be informed fully of the factual and legal "pros and cons" of the Plaintiffs' claims. Since only the "cons" of the Plaintiffs' claims appear to be stated, counsel for the Plaintiffs shall file a Supplement to the Petition setting forth, inter alia, and without limitation the following:

1. The decedent's background including his alleged alienage and illegal presence in the United States, including the time he has actually been in the United States. This should include his employment and earnings history.

2. His relationship with his wife, Jennifer Martinez, including the time of living together with their children.

3. His relationship and association with his children.

4. The amount of monetary support provided in the past for the benefit of his wife and minor children.

5. The relationship and association of the decedent with his parents, including any monetary support provided by the decedent.

6. The Petition asks the court to approve equal distribution to the each of the decedent's parents and his wife and an equal distribution for the benefit of the minor children. This distribution proposal is of concern to the court as it appears that the minor children should, upon the limited information presented to the court to date, receive a larger share of any settlement.

7. A full and complete statement of the factual events which support the claim of the Plaintiffs against the Defendant Deveny. The court notes that the coroner made a finding that the decedent's death was a homicide. The basis for that finding shall be fully set forth. The court also notes that apparently there were eyewitnesses to the beating of the decedent. A summary of the deposition testimony or statements of any such witnesses shall be included. The court should be advised as to the source of the injuries, if any, sustained by the decedent prior to the alleged assaults by the Defendant.

8. Whether any disciplinary or other legal action was instituted against the Defendant Deveny and if so, the results of such action(s).

9. Counsel for the Plaintiffs retained a police procedures expert. While not referenced in the Plaintiffs' Petition For Authority to Compromise, the court has independently reviewed the pleadings on file herein and located the police expert's report at ECF filing No. 36 dated April 15, 2010. The court should be furnished any supplements to this April 15, 2010 report.

10. The monetary analysis of the losses arising from the decedent's death including any expert report in connection therewith.

Since it is uncertain whether the court will approve the proposed settlement of this action, if counsel for the Plaintiffs feel that the court-requested information involves any attorney/client or work product privileges, counsel may file that portion ...


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