LAGOMARSINO LAW ANDRE M. LAGOMARSINO, ESQ. (#6711) TAYLORN. JORGENSEN, ESQ. (#16259) 3005 West Horizon Ridge Pk,,, ., Suite 241 3]| Henderson, Nevada 89052 Telephone: (702) 383-2864 4|| Facsimile: (702) 383-0065 aml@lagomarsinolaw.com 5]| taylor@lagomarsinolaw.com Attorneys for PlaintiffJohn 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 DOE, his natural mother and legal guardian; £3 10 Plaintiff, ORDER PLAINTIFF'S FIRST AMENDED PETITIO vs. FOR MINOR'S COMPROMISE, PAYMEN z OF ATTORNEY FEES AND COSTS AND 12]) COURTNEY BILLUPS, an individual; and FOR THE CREATION OF A BLOCKED CLARK COUNTY SCHOOL DISTRICT, a TRUST ACCOUNT. S political subdivision ofthe State of Nevada; a 3 14 Defendant. & 15 Plaintiff JOHN DOE ("JONE"), a minor child, by and through his Natural Parent and Lega 2 s © 16|/Guardian, JANE DOE ("JANE"), by and through their counsel of record, ANDRE M 17 || LAGOMARSINO, ESQ. and TAYLOR N. JORGENSEN, ESQ. of LAGOMARSINO LAW, Petitiot 18 || this Court for authority to compromise the claims of the minor JOHN DOE, in accordance witl 19 || Nevada Revised Statute §41.200, for payment of attorney fees and costs, and to create a blocked trus account. With this Petition, Plaintiff respectfully represents the following to this Honorable Cour 21 || (new information in bold): I. APPLICABLE STANDARD 23 The court has an inherent duty to protect the interests ofminors and incompetents who appea 24 || before it. See Keith v. Jackson, 855 F. Supp 765, 775 (E.D. Pa. 1994) (citing Dacanay v_ Mendoza 25 || 573 F.2d 1075, 1079 (9th Cir. 1978)). As part ofthat duty, the Court must determine the fairness o
any settlement agreement and the reasonableness □□ □□□ attorney's fees and costs to be paid from the settlement amount in a suit brought on behalf ofa minor or incompetent. 3 Federal courts have held that it is appropriate to apply the rules prescribed by state law □□ 4|| determining the fairness of a minor's compromise and the reasonableness of any attorney's fees anc costs allocated from that settlement in both federal question and diversity cases.’ For example, se 6|| Erie RR. v_ Tompkins, 304 U.S. 64 (1938), and Stecyk uv Bell Helicopter Textron, Inc., 53 □□□□□□□□ 7\| 794,801 (E.D. Pa.1999). NRCP 17(c) is nearly identical to its federal counterpart, FRCP 17(c), whicl 8|| has been interpreted as charging the court with a "special duty to safeguard the interests of litigant: who are minors.” See Robidoux v. Rosengren, 638 F.3d 1177, 1181-82 (9th Cir.2011) (instructing the 10 || district court to evaluate whether the net recovery ofthe minor is fair and reasonable in terms of the j = 11 || minor's claims and recovery in similar cases). = i 2 In approving the settlement, the court must also assess the reasonableness of the requestec 13 || counsel fees. In so doing, the court must "strike a balance between being a ‘passive proforma rubbe
3 14|| stamp’ ... and being too intrusive in its consideration ofthe fairness of counsel fees." & I. BACKGROUND INFORMATION 16 Plaintiff JOHN DOE is a minor. Plaintiffand Petitioner JANE DOE is JOHN's mother anc 17]| is legally permitted to bring this Petition on JOHN's behalf, pursuant to NRS § 12.080. 18 A, PLAINTIFFS' ALLEGATIONS 19 In or around November of 2022, JOHN DOE was enrolled at Desert Oasis High School. One 20|| day, during his IEP class, JOHN DOE was intentionally and verbally threatened, in front ofthe entire 21 22 ' Local district courts are authorized to adopt rules of procedure. See 28 U.S.C. § 2071. The local rules, however must b consistent with the national rules. See Fed. R. Civ. P. 83(a) ("A local rule shall be consistent with--but not duplicative o --Acts of Congress and [the national] rules...."). Once adopted, the local rule has the force of law. See Tarkett, □□□□□ 24|| Congoleum Corp. 144 F.R.D. 282,284 (E.D. Pa. 1992) (citing Bay/son v. Disciplinary Bd ofthe Supreme Court or Pa. 764 F. Supp. 328,348 (E.D. Pa. 1991), aff'd, 975 F.2d 102 (3d Cir. 1992)). 2 53 F. Supp.2d at 800 (quoting Gilmore v. Dondero. 582 A.2d 1106, 1109 (Pa. Super. Ct. 1990)).
class, by his teacher Courtney Billups. The threats were audio recorded and reported to Desert Oasi: 2|| staff and Clark Couty School District Police. JOHN DOE stopped attending school at Desert Oasi: because he was genuinely fearful for his safety. 4 B. CAUSES OF ACTION 5 Plaintiffs retained the law firm of Lagomarsino Law (“LL”) on or about November 8, 2022 6]| to pursue claims on their behalf against various defendants to this action. The Fee Agreement betweer 7|| the Plaintiffs and LL provided for a forty percent (40%) attorney’s fee after the filing of a lawsuit 8}| Plaintiffs filed a lawsuit giving rise to the instant case against the above-named parties in the Federa District Court, District of Nevada. Plaintiffs alleged the following causes of action: 3 10 1. Negligence (Against All Defendants) 4 11 2. Negligent retention (Against CCSD) > 8 4 12 3. Intentional Inflection of Emotional Distress (ITED) (Against All Defendants) 13 4, Violation of Title VI of the Civil Rights Act of 1964 — 42 U.S.C. § 2000d et seq. (Agains
: 14|| CCSD) 2 15 Ill. COMPROMISE OF MINOR’S CLAIM PURSUANT TO NRS 41.200 16 On April 4, 2024, a settlement was reached in the instant matter, between Plaintiffs anc 7 Defendants CLARK COUNTY SCHOOL DISTRICT and COURTNEY BILLUPS. The settlement wa:
8 $52,000.00 allocated to JOHN DOE.?
19 Petitioner JANE DOE is the natural parent of JOHN DOE, a minor, whose date of birth is Juh
29, 2009. They reside at 5001 Sail Rock Place, North Las Vegas, NV 89031.
Petitioner JANE DOE hereby requests that the Court give her authorization to apportion, anc
0 utilize, the funds on behalf of JOHN DOE, as follows:
3 a) $20,800.00 for attorney’s fees based on a contingency fee agreement (See ECF No 67-3 and ECF No. 67-5); 24 25 □ 3 A copy of the Settlement Agreement and Release of All Claims is available upon request.
] b) $4,575.01 for attorney's costs (See ECF No. 67-3 and ECF No. 67-5); 2 c) $3,622.50 for Forensic Specialists Ltd. (See ECF No. 67-3 and ECF No. 67-4); 3 d) The blocked trust account for JOHN DOE will contain the remaining balance o 4 $23,002.49. 5 See also, ECF No. 67-1. 6 e) The blocked trust account for John Doe will be opened, at Chase Bank, a Federa 7 Insured Bank in the State of Nevada, located at 9770 S Maryland Pkwy Ste 7 8 Las Vegas, NV 89183 with the following identifying information:
3 10 b. Date of Birth: a j = 11 c. Social Security Number:
13 e. Telephone: ee Sg 3 14 f) Jane Doe identifying information will also be needed to open the blocked trus & 15 account: = 3 16 a. Name: ee 17 b. Date of Birth: 18 c. Social Security Number: a
20 e.
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LAGOMARSINO LAW ANDRE M. LAGOMARSINO, ESQ. (#6711) TAYLORN. JORGENSEN, ESQ. (#16259) 3005 West Horizon Ridge Pk,,, ., Suite 241 3]| Henderson, Nevada 89052 Telephone: (702) 383-2864 4|| Facsimile: (702) 383-0065 aml@lagomarsinolaw.com 5]| taylor@lagomarsinolaw.com Attorneys for PlaintiffJohn 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 DOE, his natural mother and legal guardian; £3 10 Plaintiff, ORDER PLAINTIFF'S FIRST AMENDED PETITIO vs. FOR MINOR'S COMPROMISE, PAYMEN z OF ATTORNEY FEES AND COSTS AND 12]) COURTNEY BILLUPS, an individual; and FOR THE CREATION OF A BLOCKED CLARK COUNTY SCHOOL DISTRICT, a TRUST ACCOUNT. S political subdivision ofthe State of Nevada; a 3 14 Defendant. & 15 Plaintiff JOHN DOE ("JONE"), a minor child, by and through his Natural Parent and Lega 2 s © 16|/Guardian, JANE DOE ("JANE"), by and through their counsel of record, ANDRE M 17 || LAGOMARSINO, ESQ. and TAYLOR N. JORGENSEN, ESQ. of LAGOMARSINO LAW, Petitiot 18 || this Court for authority to compromise the claims of the minor JOHN DOE, in accordance witl 19 || Nevada Revised Statute §41.200, for payment of attorney fees and costs, and to create a blocked trus account. With this Petition, Plaintiff respectfully represents the following to this Honorable Cour 21 || (new information in bold): I. APPLICABLE STANDARD 23 The court has an inherent duty to protect the interests ofminors and incompetents who appea 24 || before it. See Keith v. Jackson, 855 F. Supp 765, 775 (E.D. Pa. 1994) (citing Dacanay v_ Mendoza 25 || 573 F.2d 1075, 1079 (9th Cir. 1978)). As part ofthat duty, the Court must determine the fairness o
any settlement agreement and the reasonableness □□ □□□ attorney's fees and costs to be paid from the settlement amount in a suit brought on behalf ofa minor or incompetent. 3 Federal courts have held that it is appropriate to apply the rules prescribed by state law □□ 4|| determining the fairness of a minor's compromise and the reasonableness of any attorney's fees anc costs allocated from that settlement in both federal question and diversity cases.’ For example, se 6|| Erie RR. v_ Tompkins, 304 U.S. 64 (1938), and Stecyk uv Bell Helicopter Textron, Inc., 53 □□□□□□□□ 7\| 794,801 (E.D. Pa.1999). NRCP 17(c) is nearly identical to its federal counterpart, FRCP 17(c), whicl 8|| has been interpreted as charging the court with a "special duty to safeguard the interests of litigant: who are minors.” See Robidoux v. Rosengren, 638 F.3d 1177, 1181-82 (9th Cir.2011) (instructing the 10 || district court to evaluate whether the net recovery ofthe minor is fair and reasonable in terms of the j = 11 || minor's claims and recovery in similar cases). = i 2 In approving the settlement, the court must also assess the reasonableness of the requestec 13 || counsel fees. In so doing, the court must "strike a balance between being a ‘passive proforma rubbe
3 14|| stamp’ ... and being too intrusive in its consideration ofthe fairness of counsel fees." & I. BACKGROUND INFORMATION 16 Plaintiff JOHN DOE is a minor. Plaintiffand Petitioner JANE DOE is JOHN's mother anc 17]| is legally permitted to bring this Petition on JOHN's behalf, pursuant to NRS § 12.080. 18 A, PLAINTIFFS' ALLEGATIONS 19 In or around November of 2022, JOHN DOE was enrolled at Desert Oasis High School. One 20|| day, during his IEP class, JOHN DOE was intentionally and verbally threatened, in front ofthe entire 21 22 ' Local district courts are authorized to adopt rules of procedure. See 28 U.S.C. § 2071. The local rules, however must b consistent with the national rules. See Fed. R. Civ. P. 83(a) ("A local rule shall be consistent with--but not duplicative o --Acts of Congress and [the national] rules...."). Once adopted, the local rule has the force of law. See Tarkett, □□□□□ 24|| Congoleum Corp. 144 F.R.D. 282,284 (E.D. Pa. 1992) (citing Bay/son v. Disciplinary Bd ofthe Supreme Court or Pa. 764 F. Supp. 328,348 (E.D. Pa. 1991), aff'd, 975 F.2d 102 (3d Cir. 1992)). 2 53 F. Supp.2d at 800 (quoting Gilmore v. Dondero. 582 A.2d 1106, 1109 (Pa. Super. Ct. 1990)).
class, by his teacher Courtney Billups. The threats were audio recorded and reported to Desert Oasi: 2|| staff and Clark Couty School District Police. JOHN DOE stopped attending school at Desert Oasi: because he was genuinely fearful for his safety. 4 B. CAUSES OF ACTION 5 Plaintiffs retained the law firm of Lagomarsino Law (“LL”) on or about November 8, 2022 6]| to pursue claims on their behalf against various defendants to this action. The Fee Agreement betweer 7|| the Plaintiffs and LL provided for a forty percent (40%) attorney’s fee after the filing of a lawsuit 8}| Plaintiffs filed a lawsuit giving rise to the instant case against the above-named parties in the Federa District Court, District of Nevada. Plaintiffs alleged the following causes of action: 3 10 1. Negligence (Against All Defendants) 4 11 2. Negligent retention (Against CCSD) > 8 4 12 3. Intentional Inflection of Emotional Distress (ITED) (Against All Defendants) 13 4, Violation of Title VI of the Civil Rights Act of 1964 — 42 U.S.C. § 2000d et seq. (Agains
: 14|| CCSD) 2 15 Ill. COMPROMISE OF MINOR’S CLAIM PURSUANT TO NRS 41.200 16 On April 4, 2024, a settlement was reached in the instant matter, between Plaintiffs anc 7 Defendants CLARK COUNTY SCHOOL DISTRICT and COURTNEY BILLUPS. The settlement wa:
8 $52,000.00 allocated to JOHN DOE.?
19 Petitioner JANE DOE is the natural parent of JOHN DOE, a minor, whose date of birth is Juh
29, 2009. They reside at 5001 Sail Rock Place, North Las Vegas, NV 89031.
Petitioner JANE DOE hereby requests that the Court give her authorization to apportion, anc
0 utilize, the funds on behalf of JOHN DOE, as follows:
3 a) $20,800.00 for attorney’s fees based on a contingency fee agreement (See ECF No 67-3 and ECF No. 67-5); 24 25 □ 3 A copy of the Settlement Agreement and Release of All Claims is available upon request.
] b) $4,575.01 for attorney's costs (See ECF No. 67-3 and ECF No. 67-5); 2 c) $3,622.50 for Forensic Specialists Ltd. (See ECF No. 67-3 and ECF No. 67-4); 3 d) The blocked trust account for JOHN DOE will contain the remaining balance o 4 $23,002.49. 5 See also, ECF No. 67-1. 6 e) The blocked trust account for John Doe will be opened, at Chase Bank, a Federa 7 Insured Bank in the State of Nevada, located at 9770 S Maryland Pkwy Ste 7 8 Las Vegas, NV 89183 with the following identifying information:
3 10 b. Date of Birth: a j = 11 c. Social Security Number:
13 e. Telephone: ee Sg 3 14 f) Jane Doe identifying information will also be needed to open the blocked trus & 15 account: = 3 16 a. Name: ee 17 b. Date of Birth: 18 c. Social Security Number: a
20 e. Telephone: a 21 Petitioner JANE DOE believes that the acceptance of this compromise is in the best interes of the minor child JOHN DOE, and that the petitioner has been advised and understands tha 23 || acceptance of the compromise will bar the minor from seeking further relief from the third □□□□□□ offering the compromise. 25
] WHEREFORE, Petitioners pray as follows: 2 1 That this Honorable Court approves the opening of a blocked trust account, by the 3 Petitioner JANE DOE, for the benefit ofthe minor child JOHN DOE. 4 2. That this Honorable Court order that Petitioner distribute the funds as delineated i1 Section 3(a)(b)(c), above. 6 DATED this 18" day of September 2024. 7 LAGO SINO/LAW 8 LAGOMARSINO, ESQ. (#6711) 9 TA RN. JORGENSEN, ESQ. (#16259) a 3005 W. Horizon Ridge Pkwy., #241 10 Henderson, Nevada 89052 Telephone: (702) 383-2864 Il Facsimile: (702) 383-0065 i Attorneys □□□ PlaintiffJohn Doe = ite 22 a E B
2 14 6
17 18 19 20 21 22 23 24 25
1 VERIFICATION 2 STATE OF NEVADA ) 3 )ss COUNTY OF CLARK ) 4 JANE DOE, being first duly sworn under penalties ofperjury, deposes and says: 5 I am the Petitioner herein, and I have read the foregoing PLAINTIFF'S FIRST AMENDEL 6 PETITION FOR MINOR'S COMPROMISE, PAYMENT OF ATTORNEY FEES AND COSTS 7 AND FOR THE CREATION OF A BLOCKED TRUST ACCOUNT and know the content 8 thereof; that the same 1s true to the best ofmy own knowledge, except as to those matters therein state: upon information and belief, and as to those matters, I believe them to be true. 43 10 DATED this P11812024 . 11 DocuSigned by: 12 [Qa a ™ JANE DOE, Parent and Guardian of JOHN DOE, a minor.
& 14 I declare under penalty or perjury that the foregoing is true and correct. 8 ItDocuSigned by: 15 )—_ = 2 16 JANE DOE, Parent and Guardian of JOHN DOE, a minor.
17 81 IT IS SO ORDERED: 9! Dated:_October 3, 2024 20 ( Ger ANDREW P. GORDON UNITED STATES DISTRICT JUDGE 22 23 24 25