Filed: Aug. 24, 2017
Latest Update: Aug. 24, 2017
Summary: PLAINTIFFS' MOTION AND REQUEST FOR ORDER RE: MINORS' COMPROMISE; [PROPOSED] ORDER EDWARD J. DAVILA , District Judge . I. BASIS FOR MOTION This case presents claims by Plaintiffs, Ami Malloy, Michael Malloy and their children L.S. and E.S., that the defendants unlawfully arrested them, used excessive force and removed the minor children from their parents. All defendants have, and still do, contended throughout the litigation that their actions were reasonable and lawful. The matter pro
Summary: PLAINTIFFS' MOTION AND REQUEST FOR ORDER RE: MINORS' COMPROMISE; [PROPOSED] ORDER EDWARD J. DAVILA , District Judge . I. BASIS FOR MOTION This case presents claims by Plaintiffs, Ami Malloy, Michael Malloy and their children L.S. and E.S., that the defendants unlawfully arrested them, used excessive force and removed the minor children from their parents. All defendants have, and still do, contended throughout the litigation that their actions were reasonable and lawful. The matter proc..
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PLAINTIFFS' MOTION AND REQUEST FOR ORDER RE: MINORS' COMPROMISE; [PROPOSED] ORDER
EDWARD J. DAVILA, District Judge.
I. BASIS FOR MOTION
This case presents claims by Plaintiffs, Ami Malloy, Michael Malloy and their children L.S. and E.S., that the defendants unlawfully arrested them, used excessive force and removed the minor children from their parents.
All defendants have, and still do, contended throughout the litigation that their actions were reasonable and lawful.
The matter proceeded to mediation on August 10, 2017, before Claudia Leed, Esq. and the matter settled for $9,750.
The defendants do not oppose the proposed distribution set forth herein below, thereby eliminating the need for a hearing.
II. PARTIES
The parties to this settlement are as follows:
1. Plaintiff Ami Malloy
2. Plaintiff Michael Malloy
3. Plaintiff E.S., minor son of Ami and Michael Malloy, by and through his mother and Guardian Ad Litem, Ami Malloy.
4. Plaintiff L.S., minor son of Ami and Michael Malloy, by and through his mother and Guardian Ad Litem, Ami Malloy.
5. minor son of Ami and Michael Malloy, by and through his mother and Guardian Ad Litem, Ami Malloy.
6 COUNTY OF SANTA CRUZ and the following employees of the COUNTY:
a. CAROLYN STRAGE;
b. WENDELL STAMPS;
c. YOONI POMPER;
d. ERIN BURTON;
e. STEPHANIE VICOTTI,
f. ANGELICA GLASS;
g. JUDY YOKEL;
h. CECILIA ESPINOZA.
It should be noted that defendants City of Scotts Valley and Officer Michael Birley were dismissed with prejudice by stipulation and order of this court.
III. CURRENT STATUS
The plaintiffs have agreed to a monetary settlement with regards to all claims and with regard to all defendants, without any admission of liability by any defendant for the acts complained of, with each side bearing their own fees and costs. All claims against all defendants are to be dismissed as part of the settlement.
IV. PROPOSED DISTRIBUTION
In settlement of the case, without admitting liability, defendants have agreed to pay $9,750 in equal portions to plaintiffs Ami Malloy and Michael Malloy and E.S. and L.S. Malloy, the minor children of the Malloys, represented by their mother, Ami Malloy as their Guardian Ad Litem. The Court is also asked to approve the payment to counsel for plaintiffs of 1/3 of the settlement amount totalling $3,250. Counsel has waived repayment of costs.
Plaintiffs' counsel had no prior relationship with any Plaintiff prior to representing them in this case.
Plaintiffs' counsel submits that her fees are reasonable and should be awarded in the amount requested.
V. CONCLUSION
Plaintiffs and their counsel request the Court's approval of the distribution of the proceeds of the settlement as set forth herein above and the payment of attorney fees, without a hearing.
[PROPOSED] ORDER
GOOD CAUSE APPEARING THEREFOR
The court hereby approves the plaintiffs' Request for Compromise of Claims as set forth in their motion.
