Reported / Citable
Background
Plaintiff Adriana Anaily Luna-Ojeda brought suit individually and as guardian for minor M.A. against defendants Cenobio Vicencio and others. The parties reached a proposed settlement agreement and sought court approval, as required when settling claims on behalf of minors.
United States Magistrate Judge Brian C. Bajew conducted a hearing on June 9, 2026, and issued a Report and Recommendation recommending approval of the settlement. Both parties waived their right to object to the Report and Recommendation, requesting that the Court accept its findings and recommendations in full.
The Court’s Holding
The Court adopted the Magistrate Judge’s Report and Recommendation in its entirety, finding the findings of fact and conclusions of law correct. The Court granted Plaintiff’s Memorandum in Support of Approval and approved the proposed settlement agreement as it pertains to minor plaintiff M.A.
The Court discharged Adriana Arce-Flores from her duties as guardian ad litem in the case. The Court further ordered that defendants pay Ms. Arce-Flores $2,250.00, to be assessed as taxable costs of court against the defendants.
Key Takeaways
- Settlement agreements affecting minor plaintiffs require judicial approval and cannot proceed without court authorization.
- Guardians ad litem appointed to represent minors in litigation must be formally discharged and compensated for their services from the defendant’s judgment or settlement.
- Courts retain discretion to assess the costs of guardian ad litem representation against defendants as taxable costs of court.
Why It Matters
This order underscores the procedural safeguards courts implement to protect minor plaintiffs in civil litigation. Before settlement funds can be distributed to a minor, a court must review and approve the agreement to ensure it serves the minor’s best interests, preventing minors from being bound by unfavorable settlements.
The decision also illustrates how courts compensate guardians ad litem for their protective role. By awarding costs against defendants, courts incentivize defendants to account for these representation costs in their settlement negotiations and ensure that minors receive the full benefit of their settlement without having guardian ad litem fees reduce the recovery.