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Miguel Gonzalez, Jr., A Minor, By and v. United States of America

January 24, 2012

MIGUEL GONZALEZ, JR., A MINOR, BY AND
THROUGH HIS GUARDIAN AD LITEM, MARIA GONZALEZ, MARIA GONZALEZ AND PLAINTIFFS,
v.
UNITED STATES OF AMERICA, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Lawrence J. O'Neill United States District Judge

ORDER GRANTING PETITION FOR MIGUEL GONZALEZ, COMPROMISE OF THE CLAIM OF MINOR MIGUEL GONZALEZ, JR. (Docs. 64, 73)

On January 13, 2012, the Magistrate Judge issued Amended Findings and Recommendations that the Petition for Compromise of the Claim of Minor Miguel Gonzales, Jr., be granted.*fn1 (Doc. 73.) The Amended Findings and Recommendations were served on all parties appearing in the action and contained notice that any objections were to be filed within 5 days after service of the order. No objections were filed.

In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), this Court has conducted a de novo review of the case. Having carefully reviewed the entire file, the Court concludes that the Magistrate Judge's Amended Findings and Recommendations are supported by the record and proper analysis.

Accordingly, IT IS HEREBY ORDERED that:

1. The Amended Findings and Recommendations issued on January 13, 2012, are ADOPTED IN FULL;

2. The proposed settlement between minor Miguel Gonzalez, Jr., and the United States, as set forth in the "Stipulation For Compromise Settlement And Release of Federal Tort Claims Act Claims Pursuant to 28 U.S.C. § 2677," is APPROVED as fair and reasonable;

3. The "Petition for Compromise of the Claim of Minor Miguel Gonzalez, Jr." is GRANTED;

4. The United States of America, subject to the approval of the Attorney General of the United States, is REQUIRED to disburse the proceeds of the settlement by wire transfer to JMW Settlements, Inc. Client Funds Account in the amount of one million seven hundred fifty thousand dollars ($1,750,000.00);

5. JMW Settlements, Inc. will disburse the sum of one million two hundred fifty thousand dollars ($1,250,000.00) ("Upfront Cash") from the Client Funds Account to Miguel Gonzalez, Jr., a minor by and through his guardian ad litem, Maria Belen Gonzalez, Miguel Gonzalez, Sr., and Donahue & Horrow, LLP, their attorneys of record;

6. Donahue & Horrow, LLP shall distribute the Upfront Cash as follows:

a. $140,000.00, less attorney's fees in the amount of $46,666.67, payable to Plaintiffs Miguel Gonzalez, Sr. and Maria Gonzalez as settlement of their claims;

b. Attorney's fees in the amount of $261,384.72 drawn and payable to the order of Plaintiffs' attorney, Donahue & Horrow, LLP;

c. Reimbursement for costs and expenses and cost reserves in the amount of $200,000.00 payable to Donahue & Horrow, LLP;

d. Payment of the Medi-Cal lien in the amount of $145,213.00; e. The balance of the Upfront Cash, $503,402.28, shall be deposited into a special needs trust established ...


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