Opinion
3:21-cv-19-L-BGS
09-03-2021
G.C., an individual, Plaintiff, v. SAN DIEGO UNIFIED SCHOOL DISTRICT, Defendant.
ORDER ADOPTING REPORT & RECOMMENDATION (ECF 15) AND GRANTING PLAINTIFF'S MOTION TO DISMISS (ECFS 12 & 14).
Pending before the Court is Plaintiff's motion to dismiss and motion to approve settlement. (ECFs 12 and 14).
On August 17, 2021, Magistrate Judge Bernard G. Skomal issued a Report and Recommendation for an order approving the settlement. (ECF 15). The deadline to file an objection to the Report and Recommendation was August 31, 2021. Id. No. party filed an objection. (See Docket).
Defendants have not filed an appearance in this matter. (See Docket). Linda Clark is Plaintiff's guardian ad litem. (ECF 10).
Judge Skomal determined the proposed settlement - $108,500 - is fair and reasonable. (ECF 15). The settlement provides that Plaintiff shall receive $89,000. Id. Plaintiffs counsel shall receive $19,500 as compensation. Id.
The Court reviewed the Report and Recommendation. It is thorough and well-reasoned. The Court agrees with Judge Skomal's legal and factual determinations. Therefore, the Court adopts the Report and Recommendation (ECF 15) in full and incorporates it into this Order. See 28 U.S.C. § 636. The settlement is approved. The Court GRANTS Plaintiff's motion to dismiss (ECF 12) and motion to approve settlement (ECF 14). See Fed. R. Civ. P. 17(c); Civ. L. R. 17.1; Robidoux v. Rosengren, 638 F.3d 1177, 1181 (9th Cir. 2011); Davis v. Walker, 745 F.3d 1303, 1310 (9th Cir. 2014). Pursuant to the settlement agreement, this action is DISMISSED WITH PREJUDICE. See Fed. R. Civ. P. 41.
Although there is no objection to the Report and Recommendation, the Court conducted a de novo review. See 28 U.S.C. § 636; United States v. Reyna-Tapia, 328 F.3d 1114, 1121-1122 (9th Cir. 2003).
IT IS SO ORDERED.