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Brooks v. Fresno Unified School District,, 1:15-00673 WBS BAM. (2015)

Court: District Court, E.D. California Number: infdco20151210936 Visitors: 2
Filed: Dec. 09, 2015
Latest Update: Dec. 09, 2015
Summary: ORDER WILLIAM B. SHUBB , District Judge . On November 16, 2015, counsel for plaintiffs Ledelldra Brooks and her minor daughter A.J. moved for an order approving the settlement of A.J.'s claims. "District courts have a special duty, derived from Federal Rule of Civil Procedure 17(c), to safeguard the interests of litigants who are minors," which "requires a district court to `conduct its own inquiry to determine whether the settlement serves the best interests of the minor.'" Robidoux v. Ro
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ORDER

On November 16, 2015, counsel for plaintiffs Ledelldra Brooks and her minor daughter A.J. moved for an order approving the settlement of A.J.'s claims. "District courts have a special duty, derived from Federal Rule of Civil Procedure 17(c), to safeguard the interests of litigants who are minors," which "requires a district court to `conduct its own inquiry to determine whether the settlement serves the best interests of the minor.'" Robidoux v. Rosengren, 638 F.3d 1177, 1181 (9th Cir. 2011) (quoting Dacanay v. Mendoza, 573 F.2d 1075, 1080 (9th Cir. 1978)). Eastern District Local Rule 202(b)(2) governs the approval of the settlement of a minor's claims and identifies the information necessary for the court to fulfill its duty.

Local Rule 202(b)(2) specifically states, "If reports of physicians or other similar experts have been prepared, such reports shall be provided to the Court." Plaintiffs' counsel indicates he "has retained a child psychologist who has diagnosed A.J. as suffering from Post-traumatic Stress Disorder (PTSD)" as a result of the treatment giving rise to this case. (Docket No. 34 at 11:8-11.) Counsel states that the psychologist "anticipates that for A.J. to recover from the psychological trauma, it could take 2-5 years." (Id.) The court presumes these findings are in a report or other written document that could have been filed.

Because Local Rule 202(b)(2) required the filing of the psychologist's report and the psychologist's findings would assist the court in determining the fairness of the settlement, the court will continue the hearing and require counsel to comply with Local Rule 202(b)(2).

IT IS THEREFORE ORDERED that the hearing on plaintiffs' motion for approval of the settlement is continued to December 21, 2015 at 1:30 p.m., and counsel for plaintiffs shall comply with the filing requirements of Local Rule 202(b)(2) by December 15, 2015.

Source:  Leagle

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