United States District Court, D. Nevada
O. LAIRD, M.D., J.D. IVY GAGE, ESQ. THE GAGE LAW FIRM, RLLC
ONE Summerlin Attorneys for Plaintiffs
ORDER APPROVING SETTLEMENT ON BEHALF OF
1st day of May 2019, the above referenced matter
came on for hearing and approval by the Court as to the
reasonableness of a settlement between the United States of
America and J. J.R, a minor, by his natural parents and
guardians, JAMES JOHN ROMERO and JAMES JOHN ROMERO, JAMES
JOHN ROMERO, individually, and MAUREEN ROMERO, individually,
by and through their attorneys.
complete and precise terms and conditions of the proposed
settlement are set forth in the Stipulation for Compromise
Settlement and Release of Federal Tort Claims Act Claims
Pursuant to 28 U.S.C § 2677 ("Stipulation"),
attached hereto as Exhibit 1. The Court has reviewed the
Stipulation, and, if necessary, taken testimony and heard
arguments in favor of this settlement. The Court is fully
informed of the specifics of the full and final terms and
conditions of the settlement, including the necessity of
approval by the Department of Justice.
Court finds that the terms and conditions of this settlement,
as set forth in the Stipulation are fair, reasonable, and in
the best interests of J.J.R., a minor.
THEREFORE ORDERED, ADJUDGED, AND DECREED:
1. That the settlement, as set forth in Exhibit 1, is hereby
approved as fair, reasonable and in the best interests of
J.J.R. An amount of Seventy-Five Thousand Dollars and Zero
Cents ($75, 000.00) shall be placed into a blocked trust
account for the benefit of the minor, J.J.R. with
restrictions that the funds may not be withdrawn except by
Order of this Court or, by verification that the beneficiary
has reached the age of eighteen (18) years, at which time the
account must be closed and the money distributed to the
beneficiary. Proof that the blocked trust account has been
established at a Nevada financial institution must be filed
with this Court within 30 days of the date of this Order. IT
IS FURTHERORDERED, ADJUDGED and DECREED that Petitioner and
THE GAGE LAW FIRM, PLLC, shall file proof that the blocked
trust account has been established and funded within thirty
(30) days of the date of wire transfer of funds from the
U.S.A. to the Client Trust Account of THE GAGE LAW FIRM,
2. IT IS FURTHER ORDERED, ADJUDGED and DECREED that a status
10:00 AM, June 24, 2019 check before this Court is set for,
10.00 AM, June 24, 2019, to show compliance with this Order.
In the event the proof of compliance has been filed with this
Court, it will not be necessary for the Petitioner or THE
GAGE LAW FIRM, PLLC, to attend this status check hearing.
3. IT IS FURTHER ORDERED, ADJUDGED and DECREED that the
Petitioners may be ordered by this Court to file periodic
verified annual reports, should the Court deem it
appropriate, in order to detail the activities of the blocked
trust account during the previous twelve (12) months pursuant
to NRS 41.200(5).
4. Attorneys' fees in the amount of One Hundred Eighty
Seven thousand, Five Hundred Dollars and Zero Cents ($187,
500.00) are approved for Plaintiffs' counsel.
5. Repayment to Plaintiff's counsel for case related
costs and expenses in the amount of Fourteen Thousand Fifty
Nine Dollars and Seventy Seven Cents ($14, 059.77) is
4. Payment to JAMES JOHN ROMERO and MAUREEN ROMERO,
Individually, in the amount of Four Hundred Seventy-Three
Thousand Four Hundred and Forty Dollars and Twenty-Three
Cents ($473, 440.23) is approved.
IS SO ORDERED.
A. TRUTANICH United States Attorney GREG ADDINGTON Assistant
United States Attorney Bruce R, Thompson ...