Doe v. Billups ( 2024 )

1 LAANGDORMEA MRS.I NLOA LGAOWM ARSINO, ESQ. (#6711) 2 TAYLOR N. JORGENSEN, ESQ. (#16259) 3005 West Horizon Ridge Pkwy., Suite 241 3 Henderson, Nevada 89052 Telephone: (702) 383-2864 4 Facsimile: (702) 383-0065 aml@lagomarsinolaw.com 5 taylor@lagomarsinolaw.com Attorneys for Plaintiff John Doe 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 JOHN DOE, a minor, by and through JANE CASE NO.: 2:23-cv-00334-APG-DJA 9 DOE, his natural mother and legal guardian; 10 Plaintiff, 11 vs. AMENDED1ORDER GRANTING PLAINTIFF’S PETITION FOR MINOR’S 12 COURTNEY BILLUPS, an individual; and COMPROMISE, PAYMENT OF ATTORNEY CLARK COUNTY SCHOOL DISTRICT, a FEES AND COSTS AND FOR THE 13 political subdivision of the State of Nevada; CREATION OF A BLOCKED TRUST ACCOUNT 14 Defendant. 15 THIS MATTER came before the Court upon the verified Petition of Plaintiff JOHN DOE, a 16 minor child, by and through his Natural Parent and Legal Guardian, JANE DOE, by and through their 17 counsel of record, ANDRE M. LAGOMARSINO, ESQ. and TAYLOR N. JORGENSEN, ESQ. of 18 LAGOMARSINO LAW, pursuant to their Petition for Minor’s Compromise, Payment of Attorney 19 Fees and Costs, and for the Creation of a Blocked Trust Account, and the Court having fully 20 considered the matter and being fully familiar with the pleadings and papers on file herein, the Court 21 finds as follows (new information in bold): 22 1. That JANE DOE is JOHN DOE’s mother and is legally permitted to bring this Petition 23 on behalf of JOHN DOE, a minor, pursuant to NRS § 12.080. 24 1 2. That the court has an inherent duty to protect the interests of minors and incompetents 2 who appear before it. See Keith v. Jackson, 855 F. Supp 765, 775 (E.D. Pa. 1994) (citing Dacanay v. 3 Mendoza, 573 F.2d 1075, 1079 (9th Cir. 1978)). As part of that duty, the Court must determine the 4 fairness of any settlement agreement and the reasonableness of any attorney’s fees and costs to be 5 paid from the settlement amount in a suit brought on behalf of a minor or incompetent. 6 3. That federal courts have held that it is appropriate to apply the rules prescribed by 7 state law in determining the fairness of a minor's compromise and the reasonableness of any 8 attorney’s fees and costs allocated from that settlement in both federal question and diversity cases.2 9 For example, see Erie RR. v. Tompkins, 304 U.S. 64 (1938), and Stecyk v. Bell Helicopter Textron, 10 Inc., 53 F Supp.2d 794, 801 (E.D. Pa.1999). 11 4. In approving the settlement, the court must also assess the reasonableness of the 12 requested counsel fees. In so doing, the court must “strike a balance between being a ‘passive 13 proforma rubber stamp’…and being too intrusive in its consideration of the fairness of counsel fees.”3 14 NOW THEREFORE, 15 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the Court grants the 16 Petitioner the authority to compromise the claims of the minor, JOHN DOE, and accept the proposed 17 Settlement in accordance with NRS § 41.200 and create a blocked trust account. 18 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Court finds that 19 the total settlement amount of FIFTY-TWO THOUSAND DOLLARS AND NO CENTS 20 ($52,000.00) is hereby approved and the amount should be disbursed as follows: 21 a) $20,800.00 for attorney’s fees based on a forty percent (40%) contingency fee basis. 22 23 2 Local district courts are authorized to adopt rules of procedure. See 28 U.S.C. § 2071. The local rules, however must be consistent with the national rules. See Fed. R. Civ. P. 83(a) (“A local rule shall be consistent with--but not duplicative of 24 --Acts of Congress and [the national] rules….”). Once adopted, the local rule has the force of law. See Tarkett, Inc. v. Congoleum Corp., 144 F.R.D. 282,284 (E.D. Pa. 1992) (citing Baylson v. Disciplinary Bd. of the Supreme Court or Pa., 1 b) $4,575.01 for case costs. 2 c) $3,622.50 for Forensic Specialists Ltd. 3 d) $23,002.49 to the blocked trust account for JOHN DOE. 4 See ECF No. 67. 5 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Petitioner’s mother, 6 and natural parent of said minor, JANE DOE, or her agents, shall establish a blocked trust account, 7 as provided by NRS 41.200 (5) and 41.200 (8), at Chase Bank, a Federal Insured Bank in the State 8 of Nevada, located at 9770 S Maryland Pkwy Ste 7, Las Vegas, NV 89183. 9 Authorization to establish a blocked trust account for the benefit of the herein named minor 10 is hereby given to Petitioner JANE DOE, as natural parent of said minor, JOHN DOE, and TAYLOR 11 N. JORGENSEN, ESQ., or his representative. 12 Funds deposited in the blocked trust account shall not be liquidated or diminished prior to the 13 minor reaching the age of eighteen (18) years without Court Order upon a showing that the 14 withdrawal is in the best interest of the minor child. A final accounting will be required upon the 15 eighteenth (18th) birthday of the child. Funds shall not be released without a Court Order. Application 16 for an Order releasing funds must be made to the Court granting this compromise. 17 That Petitioner and Taylor N. Jorgensen, Esq. shall cause, within sixty (60) days of the date 18 of this Amended Order, proof to be filed with this Court that the blocked trust account has been 19 established. 20 / / / 21 / / / 22 / / / 23 / / / 24 1 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the petitioner shall b 2|| ordered by this Court to file periodic verified annual reports, should the court deem it appropriate, 11 order to detail the activities of the blocked trust account during the previous twelve (12) months 4]| pursuant to NRS 41.200(5). 5 IT ISSO ORDERED. 6 ( eo 2 7 ANDREW P. GORDON UNITED STATES DISTRICT JUDGE Respectfully submitted by: Dated: August 15, 2024 LAGOMARSINO LAW 101] Taylor N. Jorgensen ANDRE M. LAGOMARSINO, ESQ. (#6711) © TAYLOR N. JORGENSEN, ESQ. (#16259) 2 3005 W. Horizon Ridge Pkwy., #241 8 Henderson, Nevada 89052 Telephone: (702) 383-2864 = S 13]) Facsimile: (702) 383-0065 Attorney for Plaintiffs 3 = Attorneys for Plaintiff John Doe a & 16 17 18 19 20 21 22 23 24 25