Ramirez et al v. Maldonado et al

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
LAREDO DIVISION
LAURA CERNA RAMIREZ AND
KIMBERLEY RAMIREZ
INDIVIDUALLY AND A/N/F OF A.C.
AND R.C.
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VS. CIVIL ACTION NO. 5:25-CV-27
SILVERIO LOPEZ MALDONADO AND
TRANSPORTES DE CARGA FEMA SA
DE CV
REPORT AND RECOMMENDATION OF
THE UNITED STATES MAGISTRATE JUDGE
Before the Court for proposed approval is the settlement of the claims of A.C.
and R.C., minor Plaintiffs. (Dkt. No. 25). The Court appointed attorney Roderick C.
Lopez, as guardian ad litem for minor Plaintiffs. (Dkt. No. 28). A hearing was held on
the proposed settlement on April 7, 2026. (Min. Entry Apr. 7, 2026). For the reasons
stated below, the Court RECOMMENDS that the District Court APPROVE the
proposed settlement as it pertains to minor Plaintiffs A.C. and R.C.
I. BACKGROUND
On March 5, 2025, Plaintiff Laura Cerna Ramirez filed this suit along with
Plaintiff Kimberley Ramirez individually and as next friend of minor Plaintiffs A.C.
and R.C. (Dkt. No. 1). Plaintiffs alleged causes of action of negligence and negligent
entrustment arising from a motor vehicle collision. (Id.). On February 25, 2026,
Defendants filed an advisory notifying the Court that the parties reached settlement
as to all claims. (Dkt. No. 22).
United States District Court
Southern District of Texas
ENTERED
April 09, 2026
Nathan Ochsner, Clerk
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II. LEGAL STANDARD
A district court has the “inherent power to recognize, encourage, and when
necessary enforce settlement agreements reached by the parties.” Del Bosque v.
AT&T Advert., L.P., 441 F. App’x 258, 260 (5th Cir. 2011) (quoting Bell v.
Schexnayder, 36 F.3d 447, 449 (5th Cir. 1994)). When determining whether a
proposed settlement should be approved, courts should evaluate whether the
“proposed settlement is . . . ‘fair, adequate, and reasonable and . . . not the product of
collusion between the parties.’” Newby v. Enron Corp., 394 F.3d 296, 301 (5th Cir.
2004) (quoting Cotton v. Hinton, 559 F.2d 1326, 1331 (5th Cir. 1977)).
III. DISCUSSION
At the April 7, 2026, hearing, the parties presented a Memorandum in Support
of Approval of Minor Plaintiffs’ Claims, along with Proposed Settlement Agreements
and a disbursement breakdown. (Dkt. No. 29). Under the terms of the agreement, the
total settlement amount to be received by Plaintiffs is $400,000. (Id. at 2). Plaintiff
Laura Ramirez will receive $250,000, Plaintiff Kimberley Ramirez will receive
$145,000, and minor Plaintiffs will each receive $2,500. (Id. at 2–4).
After collecting 40% for attorney’s fees ($100,000), $4,695 in case expenses, and
deducting $108,475.23 in medical bills, net proceeds to Plaintiff Laura Ramirez is
approximately $37,829.77, but may change due to pending medical bill reduction
requests. (Id. at 2).
After collecting 40% for attorney’s fees ($58,000), $4,077.44 in case expenses,
and deducting $36,495.00 in medical bills, net proceeds to Plaintiff Kimberley
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Ramirez are approximately $46,427.56, but may change due to pending medical bill
reduction requests. (Id. at 2–3)
Counsel for minor Plaintiffs would receive as compensation for their services a
contingent fee of 1/3 of the total settlement amount, which is $832.50 as to each minor
Plaintiff. (Id. at 3, 4). An additional $50 would be reduced from minor Plaintiff A.C.’s
settlement in the form of case expenses. (Id. at 3). An additional $197.32 would be
reduced from minor Plaintiff R.C.’s settlement in the form of case expenses. (Id. at 4).
The total settlement amount to be received by minor Plaintiffs is $1,617.50 for A.C.
and $1,470.18 for R.C., to be deposited into the Registry of the Court until the minor
Plaintiffs reach the age of 18. (Id. at 3, 4).
The guardian ad litem explained that he believed that the proposed settlement
terms are fair and reasonable. (Hrg. at 10:54). He explained that he believed that the
settlement was in the minor Plaintiffs’ best interest. (Hrg. at 10:55).
Plaintiff Kimberely Ramirez testified under oath that her children, minor
Plaintiffs A.C. and R.C., did not suffer any injuries as a result of the automobile
collision, and were just scared. (Hrg. at 11:04). Plaintiffs Laura Ramirez and
Kimberley Ramirez further testified that they were satisfied with their lawyer’s
representation of them in this matter. (Hrg. at 11:05). They stated that they did not
have any questions or concerns about the settlement or settlement agreement. (Id.).
The terms of the settlement agreement were explained to them by their lawyer. (Id.).
They’ve had the opportunity to have any of their questions answered by their lawyer.
(Hrg. at 11:06). They understood that they do not have to accept the settlement
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agreement and could go to trial to determine how much money they and the minor
Plaintiffs might be entitled to receive. (Id.). It is their decision to settle the case rather
than go to trial. (Id.). Plaintiff Kimberley Ramirez testified that she believed the
settlement was in the best interest of her children. (Hrg. at 11:07). Plaintiffs are
asking the Court to approve the settlement claims on behalf of minor Plaintiffs. (Id.).
After independent review of the Memorandum in Support of Minor Plaintiff’s
Claims, (Dkt. No. 29), the proposed settlement agreements, (Id.), the guardian ad
litem’s Report, (Dkt. No. 30), and the representations made by the parties at the
hearing, the Undersigned FINDS that the proposed settlement agreement is fair,
reasonable, and is in the minor Plaintiffs’ best interests. The Undersigned further
FINDS that the guardian ad litem’s report is accurate. Additionally, the Undersigned
FINDS that placing the minor Plaintiffs’ Settlement into the Registry of the Court is
in the best interest of minor Plaintiffs. Finally, the Undersigned FINDS that the
amount of $2,500.00 is reasonable and necessary to compensate Mr. Lopez for his
services as guardian ad litem for minor Plaintiffs.1
For the foregoing reasons, the Undersigned RECOMMENDS the District
Court APPROVE the proposed settlement agreement as it pertains to minor
Plaintiffs A.C. and R.C. The Undersigned further RECOMMENDS that the District
Court DISCHARGE Mr. Lopez from his duties as guardian ad litem. Additionally,
the Undersigned RECOMMENDS that the District Court ORDER that Mr. Lopez
be paid a fee in the amount of $2,500.00 as reasonable and necessary fees and
1 Defendants agreed that $2,500.00 was reasonable and necessary to compensate Mr. Lopez at
the hearing. (Hrg. at 11:07).
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expenses incurred by him, to be assessed as taxable costs of court against Defendants.
IV. PARTIES’ WAIVER OF OBJECTIONS AND REQUEST TO
ADOPT THIS REPORT
At the close of the hearing, Plaintiffs, minor Plaintiffs, and Defendants,
through their counsel and guardian ad litem, orally waived their right to object to
this Report and Recommendation and requested that the District Court accept the
findings and recommendations in this report. (Hrg. at 11:15). Therefore, the District
Court may act on this Report immediately.
SIGNED this 9th day of April, 2026.
Christopher dos Santos
United States Magistrate Judge
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