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Garcia v. Ormat Technologies, Inc.

United States District Court, S.D. California

May 10, 2017

NADIA GARCIA, individually and as successor in interest to THOMAS GARCIA VALENZUELA; and NADIA GARCIA as Guardian Ad Litem for E.G.; K.G.; and R.A., Minors, Plaintiff,
v.
ORMAT TECHNOLOGIES, INC., a Delaware corporation; ORMAT NEVADA, INC., a Delaware corporation; ORMESA, LLC, a Delaware limited liability company; and DOES 1 through 20, Inclusive, Defendants.

          ORDER GRANTING MOTION FOR SETTLEMENT [DOC. 25]

          HON. ANDREW G. SCHOPLER UNITED STATES MAGISTRATE JUDGE.

         Nadia Garcia, plaintiff and guardian ad litem for the three minor plaintiffs, seeks an order-jointly with defendants-approving a proposed settlement of the minor plaintiffs' claims. Because the settlement serves the best interest of the minors, that motion is granted.

         BACKGROUND

         This suit arises from a workplace accident, in which Thomas Garcia fell into an exposed pipe and died. His three children-and the three minor plaintiffs in this wrongful death lawsuit-are (1) E.G., born in 2015; (2) K.G., born in 2012; and (3) R.A., born in 2009.

         All plaintiffs seek to settle or compromise this suit for the total sum of $6, 000, 000 as a full satisfaction of this action. The parties propose that the settlement proceeds be split equally between surviving spouse and minors (50% to Nadia Garcia and 50% to her three children). The parties' seek a determination that this settlement is a fair and reasonable settlement of the action and is in the best interests of the minors. Also, the petition seeks an order authorizing payment of attorneys' fees to plaintiffs' counsel in the amount of 1/3 of the gross recovery received by the minors. This payment of attorneys' fees would be made pursuant to the fee agreement under which the attorneys undertook representation of plaintiffs.

         If the requested attorneys' fees and reimbursement of litigation costs are granted, the minors will receive the total sum of $1, 993, 098.65. After this amount is divided in equal shares, each child will receive the sum of $664, 366.22. The petition proposes that the $664, 366.22 for each child will be invested in a single premium deferred annuity with a payment schedule that provides for the following guaranteed lump sum payments:

E.G.:
1. $50, 000 guaranteed lump sum payable at age 18;
2. 12 semi-annual payments of $30, 000 each from age 19-25 totaling $360, 000;
3. $600, 000 guaranteed lump sum payable at age 25;
4. $560, 000 guaranteed lump sum payable at age 30.
5. Total Guaranteed Payments to E.G.: $1, 570, 000
K.G.:
1. $50, 000 guaranteed lump sum payable at ...

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