Vaden v. Linn Star Transfer, Inc. ( 2020 )

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 FAYE VADEN, et al., Case No. 19-cv-01846-HSG 8 Plaintiffs, ORDER GRANTING APPLICATION FOR SETTLEMENT APPROVAL 9 v. Re: Dkt. No. 60 10 LINN STAR TRANSFER, INC., et al., 11 Defendants. 12 13 On March 5, 2019, Plaintiffs Faye Vaden and Alma Jackson filed this action against 14 Defendants Linn Star Transfer, Inc. and Haier US Appliance Solutions, Inc., alleging that 15 Defendants’ negligent manufacturing and installation of a gas dryer led to a gas leak in Plaintiffs’ 16 home. See Dkt. No. 1-1, Ex. A. Plaintiffs allege that as a result of the gas leak they suffered 17 respiratory problems and incurred medical expenses. Id. at 5. On December 4, 2019, the Court 18 granted Plaintiffs’ motion to appoint Ms. Vaden as the guardian ad litem (“GAL”) for her mother 19 Ms. Jackson, for purposes of this action and pursuant to Federal Rule of Civil Procedure 17(c)(2). 20 See Dkt. No. 57. Because the Court appointed a GAL, the Court must also evaluate and approve 21 any settlement as to Ms. Jackson. Cf. Robidoux v. Rosengren, 638 F.3d 1177, 1181 (9th Cir. 22 2011) (“District courts have a special duty, derived from Federal Rule of Civil Procedure 17(c), to 23 safeguard the interests of litigants who are minors . . . In the context of proposed settlements in 24 suits involving minor plaintiffs, this special duty requires a district court to conduct its own 25 inquiry to determine whether the settlement serves the best interests of the minor.”) (quotations 26 omitted). 27 Following the parties’ successful settlement negotiations, Plaintiffs filed an application for 1 2020. Counsel for all parties and Plaintiffs were present. Having reviewed the totality of the 2 || circumstances in this case, including the parties’ filings and counsel’s representations during the 3 hearing, the Court finds that the proposed settlement is sufficiently fair and reasonable, and in the 4 || best interest of Ms. Jackson. 5 The Court accordingly GRANTS the application for settlement approval as to Ms. Jackson 6 in the amount of $3,500 gross, less the identified reasonable attorneys’ fees and litigation costs. 7 The net settlement proceeds, $1,733.45, shall be made payable to Alma Jackson and deposited in 8 || her bank account within 30 days of the date of this order. The parties are further DIRECTED to 9 submit a stipulated dismissal within 30 days of the date of this order, or show cause why they 10 || cannot do so in this timeframe. 11 IT IS SO ORDERED. 12 || Dated: 1/17/2020 4 HAYWOOD S. GILLIAM, JR. United States District Judge 16 18 19 20 21 22 23 24 25 26 27 28