5:25-cv-00027•Ramirez et al v. Maldonado et al
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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. § § § § § § § § § § 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 Case 5:25-cv-00027 Document 31 Filed 04/09/26 in TXSD Page 1 of 5
2 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 Case 5:25-cv-00027 Document 31 Filed 04/09/26 in TXSD Page 2 of 5
3 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 Case 5:25-cv-00027 Document 31 Filed 04/09/26 in TXSD Page 3 of 5
4 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). Case 5:25-cv-00027 Document 31 Filed 04/09/26 in TXSD Page 4 of 5
5 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 Case 5:25-cv-00027 Document 31 Filed 04/09/26 in TXSD Page 5 of 5
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