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Vaden v. Linn Star Transfer, Inc., 19-cv-01846-HSG. (2020)

Court: District Court, N.D. California Number: infdco20200121e15 Visitors: 23
Filed: Jan. 17, 2020
Latest Update: Jan. 17, 2020
Summary: ORDER GRANTING APPLICATION FOR SETTLEMENT APPROVAL Re: Dkt. No. 60 HAYWOOD S. GILLIAM, JR. , District Judge . On March 5, 2019, Plaintiffs Faye Vaden and Alma Jackson filed this action against Defendants Linn Star Transfer, Inc. and Haier US Appliance Solutions, Inc., alleging that Defendants' negligent manufacturing and installation of a gas dryer led to a gas leak in Plaintiffs' home. See Dkt. No. 1-1, Ex. A. Plaintiffs allege that as a result of the gas leak they suffered respiratory
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ORDER GRANTING APPLICATION FOR SETTLEMENT APPROVAL

Re: Dkt. No. 60

On March 5, 2019, Plaintiffs Faye Vaden and Alma Jackson filed this action against Defendants Linn Star Transfer, Inc. and Haier US Appliance Solutions, Inc., alleging that Defendants' negligent manufacturing and installation of a gas dryer led to a gas leak in Plaintiffs' home. See Dkt. No. 1-1, Ex. A. Plaintiffs allege that as a result of the gas leak they suffered respiratory problems and incurred medical expenses. Id. at 5. On December 4, 2019, the Court granted Plaintiffs' motion to appoint Ms. Vaden as the guardian ad litem ("GAL") for her mother Ms. Jackson, for purposes of this action and pursuant to Federal Rule of Civil Procedure 17(c)(2). See Dkt. No. 57. Because the Court appointed a GAL, the Court must also evaluate and approve any settlement as to Ms. Jackson. Cf. Robidoux v. Rosengren, 638 F.3d 1177, 1181 (9th Cir. 2011) ("District courts have a special duty, derived from Federal Rule of Civil Procedure 17(c), to safeguard the interests of litigants who are minors . . . In the context of proposed settlements in suits involving minor plaintiffs, this special duty requires a district court to conduct its own inquiry to determine whether the settlement serves the best interests of the minor.") (quotations omitted).

Following the parties' successful settlement negotiations, Plaintiffs filed an application for settlement approval. See Dkt. No. 60. The Court held a hearing on the motion on January 16, 2020. Counsel for all parties and Plaintiffs were present. Having reviewed the totality of the circumstances in this case, including the parties' filings and counsel's representations during the hearing, the Court finds that the proposed settlement is sufficiently fair and reasonable, and in the best interest of Ms. Jackson.

The Court accordingly GRANTS the application for settlement approval as to Ms. Jackson in the amount of $3,500 gross, less the identified reasonable attorneys' fees and litigation costs. The net settlement proceeds, $1,733.45, shall be made payable to Alma Jackson and deposited in her bank account within 30 days of the date of this order. The parties are further DIRECTED to submit a stipulated dismissal within 30 days of the date of this order, or show cause why they cannot do so in this timeframe.

IT IS SO ORDERED.

Source:  Leagle

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