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Romero v. United States

United States District Court, D. Nevada

May 1, 2019

JAMES JOHN ROMERO, Plaintiff,
v.
THE UNITED STATES OF AMERICA, Defendant.

          DANIAL 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 MINOR

         On this 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.

         The 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.

         The 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.

         IT IS 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be placed into a blocked trust account for the benefit of the minor, J.J.R. with restrictions that the funds may not be withdrawn except by Order of this Court or, by verification that the beneficiary has reached the age of eighteen (18) years, at which time the account must be closed and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, PLLC.
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 approved.
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.

         IT IS SO ORDERED.

         Exhibit 1

         NICHOLAS A. TRUTANICH United States Attorney GREG ADDINGTON Assistant United States Attorney Bruce R, Thompson ...


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