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Brown v. City of Stockton
United States District Court, E.D. California
July 26, 2019
SHAWNA BROWN, individually and as successor-in-interest for Decedent LUTHER BROWN; A.B., a minor, by and through her guardian ad litem, SHAWNA BROWN; D.P., a minor, by and through her guardian ad litem, RITA ALMENDAREZ; A.B., a minor, by and through her guardian ad litem, RITA ALMENDAREZ; D.P., a minor, by and through his guardian ad litem, RITA ALMENDAREZ; S.S.J., a minor, by and through her guardian ad litem, GAYLE JOHNSON; and QUEEN E. BROWN, individually. Plaintiffs,
CITY OF STOCKTON, a municipal corporation; WESLEY GRINDER, individually; RYAN TAIRIOL individually; LOREEN GAMBOA, individually; ‘FNU' SCOTT, individually; and DOES 1-50, inclusive, individually, Defendants.
L. BURRIS, ESQ., BEN NISENBAUM, ESQ., JAMES COOK, ESQ., LAW
OFFICES OF JOHN L. BURRIS Attorneys for Plaintiffs
PETITION APPOINTING GUARDIAN AD LITEM AND APPROVING
MINOR'S COMPROMISE FOR MINOR PLAINTIFF A.B. AND
KENDALL J. NEWMAN, UNITED STATES MAGISTRATE JUDGE
SHAWNA BROWN respectfully represents:
Petitioner SHAWNA BROWN is the natural mother of Minor
Plaintiff A.B. Minor Plaintiff A.B. was born in 2011 and is
presently eight years old.
Minor Plaintiff A.B. has a Fourteenth Amendment substantive
due process cause of action for interference with familial
relationship is a co-successor-in-interest on the Fourth
Amendment claim. Due to the CITY's bankruptcy, there are
not state law claims. All Plaintiffs have the same Fourteenth
Amendment claim, while Plaintiffs SHAWNA BROWN
(Decedent's wife) and all Minor Plaintiffs have claims
under the Fourth Amendment as co-successors-in-interest to
Plaintiffs' causes of action arise out an incident that
occurred on April 6, 2012, in which Decedent LUTHER BROWN
died after being shot numerous times by Defendants GRINDER
previous petition for appointment of Guardian Ad Litem has
been filed in this matter.
Petitioner is willing to serve as the minor's Guardian Ad
Litem. Petitioner is fully competent to understand and
protect the rights of the minor and has no interest adverse
to that of the minor.
Petitioner requests that she be appointed Guardian Ad Litem
for her daughter, as denoted above, to prosecute the
above-described causes of action on behalf of her daughter,
as denoted above, and for such other relief as the Court may
deem just and proper.
parties in this case have reached settlement in this matter.
The total settlement of the case is in the amount of $550,
000.00, including all costs and attorneys' fees. The
parties have agreed on apportionment of the settlement. Of
the total gross settlement amount, Minor Plaintiff A.B.'s
gross settlement shall be $71, 500.00 (13% of the total
a. Attorney fees for Minor Plaintiff A.B. shall be at 25% of
her total gross recovery, in the amount of $17, 875.00,
pursuant to the contingency fee agreement in this case.
b. Proportionate with Minor Plaintiff A.B.'s share of the
$550, 000.00 recovery, Minor Plaintiff shall bear 13% of the
total $13, 280.17 in litigation costs incurred by her counsel
in this action: $1, 726.42.
c. Minor Plaintiff A.B.'s net settlement is in the amount
of $51, 898.58.
d. Of Minor Plaintiff A.B.'s net settlement, $10, 000.00
shall be place in an FDIC insured court-blocked account, with
distributions made by Court order, and as follows: on each of
Minor Plaintiff A.B.'s birthdays until she reaches age 17
(in 2028), Minor Plaintiff shall receive disbursement from
the court-blocked account in the amount of $500. All funds
remaining in this FDIC insured ...