A.R. v. Hernandez, et al

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24-cv-1539-AJB-AHG
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
A.R., a minor, by and through her
Guardian ad Litem, Monica Miner,
Plaintiff,
v.
ERIC HERNANDEZ, et al.,
Defendants.
Case No.: 24-cv-1539-AJB-AHG
ORDER SETTING DEADLINE TO
FILE PETITION FOR APPROVAL
OF MINOR’S COMPROMISE
On November 20, 2025, the parties accepted a mediator’s proposal issued by the
Honorable Allison H. Goddard, and the case settled. (Dkt. No. 25.). Civil Local Rule
17.1(a) provides:
No action by or on behalf of a minor or incompetent, or in which a minor or
incompetent has an interest, will be settled, compromised, voluntarily
discontinued, dismissed or terminated without court order or judgment. All
settlements and compromises must be reviewed by a magistrate judge before
any order of approval will issue.
See CivLR 17.1(a). On November 21, 2025, the matter was referred to the undersigned
for the purpose of assessing the proposed settlement. (Dkt. No. 26.) The Court
accordingly ORDERS as follows:
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24-cv-1539-AJB-AHG
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A. 	Petition for Approval of Minor’s Compromise
A Petition for Approval of Minor’s Compromise (“Petition”) shall be filed on or
before January 7, 2026.1 The Petition should address:
1. 	The compromised claims, including a description of the minor plaintiff’s
injuries, treatment for the same, whether such treatment is ongoing and/or expected to
continue and for what duration, and the costs associated with such past, ongoing, and/or
future treatment.
2. 	The identity of the petitioner, including the petitioner’s relationship to the
minor plaintiff and the petitioner’s financial stake in the matter, if any.
3. 	The terms of the settlement, including a description of the settlement
structure and proposed disbursement of the settlement funds.
4. 	Plaintiff’s counsel’s requested fees and any itemized costs to be deducted
from the settlement.
5. 	Court-approved compromises in similar cases.
6. 	The parties’ positions as to whether the settlement is fair, reasonable, and in
the minor plaintiff’s best interests.
7. 	Any other information the parties believe would assist this Court’s review of
the proposed compromise.
The Court strongly encourages the parties to file the Petition as a joint motion. If
this is not possible, the Petition should include a statement from the nonmoving party
indicating whether the Petition is opposed and if so, on what basis.
///
///
1 In cases involving a minor child, the Court’s policy on privacy and public access to
electronic case files requires that the initials of the child be used instead of the minor’s
full name. See S.D. Cal. Gen. Order No. 514-C (May 5, 2003). All filings must use the
minor’s initials in accordance with this policy.
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B. 	Filing Under Seal
The parties may move the Court for permission to file the Petition and any
supporting documents under seal if necessary to protect the privacy of the minor plaintiff
and/or to keep the details of the settlement confidential. The parties shall follow this
District’s policies and procedures for filing documents under seal on the Court’s Case
Management/Electronic Filing System (“CM/ECF”), as specified in the Court’s Local
Rules and ECF Administrative Policies and Procedures Manual. Any motion to seal
should include a statement from the nonmoving party indicating whether the motion is
opposed and if so, on what basis.
C. 	Consent to Magistrate Judge Jurisdiction
The parties may consent to the jurisdiction of the undersigned Magistrate Judge for
the limited purpose of entry of an order approving the entire minor’s settlement or
compromise. See CivLR 17.1(a). Any joint motion requesting that the District Court refer
this case to the undersigned Magistrate Judge for approval of the minor’s compromise
must be filed by December 30, 2025. If the parties decline to consent to the Magistrate
Judge’s jurisdiction, the undersigned will issue a Report and Recommendation regarding
the Petition to the District Judge, pursuant to 28 U.S.C. § 636 and Civil Local Rule 72.1.
IT IS SO ORDERED.
Dated: December 2, 2025
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