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Mayfield v. Orozco

United States District Court, E.D. California

November 6, 2017

JAMES JOSHUA MAYFIELD, JAMES ALLISON MAYFIELD, JR. and TERRI MAYFIELD, Plaintiffs,
v.
IVAN OROZCO, in his individual capacity, SHERIFF SCOTT JONES, in his individual and official capacity, JAMES LEWIS, in his individual and official capacity, RICK PATTISON, in his individual and official capacity, COUNTY OF SACRAMENTO, UNIVERSITY OF CALIFORNIA DAVIS HEALTH SYSTEM, DR. GREGORY SOKOLOV, in his individual capacity, DR. ROBERT HALES, in his individual capacity, and Does 1-5, Defendants.

          Barbara Enloe Hadsell, Esq., Dan Stormer, Esq. HADSELL STORMER & RENICK LLP Joshua Piovia-Scott, Esq., Lori Rifkin, Esq. HADSELL STORMER & RENICK LLP Carl J. Calnero, Esq., John Whitefleet, Esq., Charles M.Gnekow, Esq. Attorneys for Defendant

          Van Longyear, Esq., Peter C. Zilaff, Esq., Nicole Cahill, Esq. LONGYEAR, O'DEA & LAVRA, LLP Richard S. Linkert, Esq., Jack A. Klauschie, Jr., Esq., Brian D. Johnson, Esq. MATHENY SEARS LINKERT & JAIME LLP Attorneys for Defendants, COUNTY OF SACRAMENTO, SCOTT JONES, JAMES LEWIS AND RICK PATTISON

          WILKE, FLEURY, HOFFELT, GOULD & BIRNEY, LLP SCOTT L. GASSAWAY WILKE, FLEURY, HOFFELT, GOULD & BIRNEY, LLP SCOTT L. GASSAWAY NEAL C. LUTTERMAN BIANCA S. WATTS LEWIS BRISBOIS BISGAARD & SMITH LLP GREGORY G. LYNCH Attorneys for Defendants REGENTS OF THE UNIVERSITY OF CALIFORNIA, now sued as the UNIVERSITY OF CALIFORNIA DAVIS HEALTH SYSTEM, DR. GREGORY SOKOLOV, sued in his individual capacity, and DR. ROBERT HALES, sued in his individual capacity

          JOINT AMENDED ORDER REGARDING PLAINTIFFS' MOTION TO APPROVE SETTLEMENT AND ESTABLISH A SPECIAL NEEDS TRUST

          JOHN A. MENDEZ, UNITED STATES DISTRICT COURT JUDGE.

         ORDER

         All Parties to this matter submit the following Joint Amended [Proposed] Order Regarding Plaintiffs' unopposed Motion to Approve Settlement and Establish a Special Needs Trust.

         Having considered the moving papers, arguments of counsel, the documents on file in this case, and after a hearing on Plaintiffs' Motion to Approve Settlement and Establish a Special Needs Trust, IT IS HEREBY ORDERED:

         Plaintiffs' Motion to Approve Settlement and Establish a Special Needs Trust is granted in part and denied in part.

         1. Motion to Approve Settlement

         The Court denies the request that James Allison Mayfield, Jr. and Terri Mayfield receive 15% of the total settlement but grants the request to approve the settlement with James Allison Mayfield, Jr. and Terri Mayfield receiving 5% of the total settlement. The Court orders that James Joshua Mayfield is to receive 95% of the settlement proceeds and that Plaintiffs' counsel is to receive 40% of the total settlement for attorneys' fees, as well as the costs identified below.

         Based on the foregoing, the Court orders that the settlement proceeds in this case be distributed as follows:

         A. Settlement Proceeds to James Joshua Mayfield

Total

$5, 0000, 000

95% of total

$4, 750, 000

40% fees from $4, 750, 000

$1, 900, 000

$4, 750, 000 - $1, 900, 000

$2, 850, 000

Total costs

$388, 721.34

95% of total

$369, 285.27

$2, 850, 000 - $369, 285.27

$2, 480, 714.73

Total to James Joshua Mayfield

$2, 480, 714.73

Total to the James Joshua Mayfield Special Needs Trust from Defendant the Regents of the University of California

$1, 240, 357.36

Total to the James Joshua Mayfield Special Needs Trust from Defendant County of Sacramento

$1, 240, 357.37

         B. Settlement Proceeds to James Allison Mayfield, Jr. ...


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