Preview
FILED
9/2/2021 10:26 AM
FELICIA PITRE
DISTRICT CLERK
NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA DALLASPO-y TEXAS
DEPUTY
Matthew Little
CAUSE NO. DC-21-08958
SANDY COCA, INDIVIDUALLY, AND AS § IN THE DISTRICT COURT
NEXT FRIEND OF B.C. (A MINOR), §
Plaintiffs, §
§
§
V. § DALLAS COUNTY, TEXAS
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§
§
§
LEADERS BILINGUAL ACADEMY, § 68th JUDICIAL DISTRICT
GUARDIAN AD LITEM REPORT AND TIME SHEET
Maria “Marifer” Aceves, a practicing attorney in Dallas County, Texas, having been
J
appointed by this Court on May 21, 2021 as guardian ad litem for Minor .R. makes this report to
the Court as follows:
I. GUARDIAN AD LITEM REPORT
I have reviewed copies of the documents on file provided by the Court and documents provided
by Plaintiff and Defense counsel including the police report, pleadings, videos, demand letters,
acceptance letter, Declarations and Endorsement, settlement breakdown, and various other
documents pertaining to the damages arising out of the accident that occurred on or before March
8, 2021 involving Minor B.C. On August l6, 2021 and August 18, 2021, I conferred with Sandy
Coca.
1. The Incident
According to the police report, on 3/9/2021, Officer Gant with the Irving Police Department
responded to a call at Leaders Bilingual Academy, a daycare facility at 1115 W. Shady Grove Rd.
in Irving, Texas. Upon Arrival, the officer contacted Sandy Coca-Aguirre, who was waiting
outside. She said her son, B.C. was enrolled at the school. She said recently had had been hesitant
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to go to the school and cries when she drops him off. She also noticed a small scratch to his face.
Believing that something might be amiss, she asked management to review the security Video and
was refused. Ms. Coca eventually accessed the Video which showed an employee, a female
wearing a mask, interacting with the children in several different settings. It appeared that she was
not being as gentle with the children as she should be.
In one instance, B.C. was lying on the floor at nap time but he was apparently trying to get up.
The employee put him back on the floor and put a blanket over him, including ghis head. This was
done in a manner that would have alarmed most parents. B.C. did not appear to be injured. Another
Video showed her yank a child up by the hand who had been seated on the floor. Another showed
her roughly putting a child up onto a changing table and changing its diaper in a manner that did
not seem very nice. There were a total of six Videos. The employee’s actions may not rise to the
level of being criminal in nature but they would probably be seen as alarming to most parents.
None of the children appeared injured. The officer spoke to the director of the facility and
identified the employee. The director indicated that the only reason she couldn’t show Ms. Coca
the video was due to privacy issues related to the other children.
The officer spoke to the employee, and the employee insisted that she loves the children and
has been a daycare worker for many years. The employee stated that B.C. used to wear braces on
his legs and worked with him extensively to get him to be able to walk without braces. The director
indicated that the dispute between the facility and Ms. Coca originally started over some type work
dispute. The director was going to preemptively call the state agency that controls daycare
licensing in an effort to be transparent.
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According to Ms. Coca, she is a single mom and was using Leaders Bilingual Academy as
childcare. When B.C. turned 1, in July 2020, B.C. was moved into the employee’s class at Leaders
Bilingual Academy. Ms. Coca began to notice something strange in February/March 2021. At first,
B.C. started becoming very defensive and would stay up late and throw tantrums. One day, Ms.
Coca showed up early to pick up her son and saw that the employee was handling him very
aggressively and pulling him. Ms. Coca was concerned as her son was born with a medical
condition that affected his ability to walk quickly. Ms. Coca complained to the directly and told
her that she did not appreciate her son being handled like that by the facility.
The following day, Ms. Coca arrived to pick up B.C. and was confronted by the employee. Ms.
Coca quickly apologized in the hopes that the employee would not take it out on her son.
The following week, Ms. Coca showed up to the facility and noticed a large scratch on B.C.’s
face. Ms. Coca requested that she be given an incident report but was never provided the report.
Ms. Coca then asked the school to review the surveillance footage to which the director said no.
Ms. Coca then managed to log into the surveillance database and saw videos of the employee
mistreating the children. Afterwards, Ms. Coca called the police and showed the police officer the
videos. The officer indicated that Ms. Coca should file a report and remove her child from the
facility, which she promptly did.
I also reviewed multiple surveillance videos that were provided in this matter. In multiple
instances, the employee can be seen handling the children very aggressively.
2- £11m
According to Ms. Coca, B.C. started throwing tantrums and acting out of character once he
was moved to the employee’s class. Specifically, he would cry every time Ms. Coca would drop
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him off and did not want to go to the daycare. He would also stay up late and have difficulty
sleeping. One day, Ms. Coca showed up early to pick up her son and saw that the employee was
handling him very aggressively and pulling him even though B.C. had a known medical condition.
Another day, Ms. Coca arrived and B.C. had a scratch on his face.
After Ms. Coca removed B.C. from Leaders Bilingual Academy, she moved him to another
daycare. At the new daycare, an employee told Ms. Coca that B.C.’s hands would shake every
time he drank water. He was also very nervous and skittish around the employees. Eventually,
B.C. became more comfortable at the new daycare. After four months, Ms. Coca moved B.C. to
another daycare that was closer to her home. Ms. Coca tried to looking for a psychologist to see
B.C. but was told he was too young.
At this time, B.C. is much happier and is no longer throwing tantrums. He is very happy at
home and loves to dance. Ms. Coca does not know what long term effects B.C. will have from the
incidents involving Leaders Bilingual Academy.
3. Disbursement
Settlement as to Minor B.C.
It is my understanding that the case settled for $25,000.00 as to Minor B.C. Said settlement is
to be paid in accordance with the Final Judgment entered in this suit, as follows:
EIGHT THOUSAND THREE HUNDRED THIRTY-THREE AND 33/100
DOLLARS ($8,333.33) payable to the Genthe Law Firm for attorney fees and
expenses.
SIXTEEN THOUSAND SIX HUNDRED SIXTY-SIX DOLLARS AND 67/100
($16,666.67) to be placed into a structured annuity for the benefit and use of B.C.
After receiving proposals for the structured annuity, Ms. Coca selected the
following proposal for the funds that will be allocated to minor B.C.:
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r With USAA Life Insurance Company
?or Bc
$2,987.80 payable semi-annually, paid every July 18 and January 18, guaranteed for 4 year(s)
which is 8 payments, beginning at age 18 (on 07/18/2037), with the last guaranteed payment on
01/18/2041.
Guaranteed Payout: $23,902.40
Life Expectancy Payout: $23,902.40
”natal Cost $16,666.67
The above annuity plan was selected by Ms. Coca after reviewing multiple quotes and
options.
a. Recommendation of the Guardian Ad Litem
Based on the information provided and my investigation, I am of the opinion that the settlement
offer of $25,000.00 extended by the Defendant to B.C. is reasonable to compensate B.C. for the
injuries he sustained in this incident. It is further my opinion that the settlement is in the best
interest of B.C. As such, I would respectfully request that the Court approve the settlement at this
time.
II. GUARDIAN AD LITEM FEES
The Guardian Ad Litem Fees in this matter are $2,080.00. Below is a time sheet of the
hours worked in the above-referenced matter.
7/29/2021 Receipt and review email from Plaintiff’s counsel enclosing Order
Appointing GAL.
8/2/2021 Preparation of email to Plaintiffs counsel requesting documents and
information
8/5/2021 Receipt and review email from Plaintiffs counsel enclosing
surveillance videos, demand letters, pleadings, offer, andpolice report.
8/5/2021 Receipt and review email from Plaintiffs counsel regarding annuity.
8/5/2021 Preparation of email to Plaintiffs counsel regarding medical
bills/records, insurance policy, and structured annuity.
8/5/2021 Receipt and review email from Plaintiffs counsel enclosing policy
language and review same.
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8/ 13/2021 Receipt and review email from Plaintiff’s counsel regarding minor .1
prove up hearing
8/13/2021 Telephone Ms. Coca. .2
8/ 13/2021 Preparation of email to Ms. Coca enclosing Zoom invitation. .1
8/ 13/2021 Preparation of email to Plaintiff’ s counsel regarding meeting with Ms. .1
Coca and getting dates for minor prove up hearing.
8/13/2021 Telephone the Court for minor prove-up dates. .2
8/ 13/2021 Preparation of email to parties enclosing dates for the minor prove up .1
hearing.
8/ 16/2021 Receipt and review email from Defense counsel regarding prove up .1
date.
8/ 16/2021 Preparation of email to Plaintiffs counsel regarding prove up date. .1
8/ 16/2021 Receipt and review emails from Defense counsel regarding prove up .2
date.
8/16/2021 Preparation and receipt and review emails regarding structured annuity. .1
8/ 16/2021 Preparation of email to Sage Settlement regarding structured annuity .1
and review emails regarding same.
8/ 16/2021 Telephone Court to set minor prove up hearing. .1
8/16/2021 Preparation of notice of hearing for minor prove up and circulate among .1
counsel.
8/ 16/2021 Receipt and review email from Sage regarding structured annuity and .2
requesting additional information and preparation of email regarding
same.
8/16/2021 Receipt and review quotes from Sage Settlement for structured annuity. .3
8/ 16/2021 Preparation of email to Ms. Coca enclosing annuity information. .1
8/ 16/2021 Attend Zoom meeting with Ms. Coca. 1.0
8/18/2021 Preparation of Zoom invitation to meet with Ms. Coca .1
8/ 18/2021 Attend Zoom meeting with Ms. Coca to discuss quotes for structured 5
annuity.
8/18/2021 Preparation of email to Plaintiffs’ counsel regarding structured annuity. .1
8/ 19/2021 Receipt and review email from Plaintiffs’ counsel regarding structured .1
annuity.
8/23/2021 Preparation of email to Plaintiffs’ counsel regarding structured annuity. .l
8/23/2021 Preparation of email to Sage enclosing quote selected for annuity. .1
8/23/2021 Receipt and review email from Sage requesting defense counsel .1
information.
8/23/2021 Preparation of email copying defense counsel. .1
8/23/2021 Receipt and review email from Sage Settlement requesting name of .1
company funding annuity.
8/24/2021 Preparation of email following up. .1
8/25/2021 Receipt and review email from Sage Settlement regarding requested .1
information.
8/26/2021 Receipt and review email from Sage enclosing structured annuity .2
payments, information request form, and life company benefit plan.
8/26/2021 Preparation of email to Ms. Coca enclosing information and forms. .1
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8/26/2021 Receipt and review email from Sage enclosing affidavit for hearing. .1
8/30/2021 Receipt and review birth certificate and signed Information Request .1
Form from Ms. Coca and preparation of email to parties enclosing same.
8/30/2021 Preparation of email to parties regarding documents for minor prove up .1
hearing.
8/31/2021 Preparation of email to counsel following up. .1
8/31/2021 Receipt and review email from Defense counsel regarding breakdown. .1
9/1/2021 Preparation of email to Defense counsel enclosing breakdown. .1
9/1/2021 Receipt and review email from Sage regarding settlement documents. .1
9/1/2021 Receipt and review Settlement Agreement and make track changes .4
9/1/2021 Preparation of email to counsel enclosing Settlement Agreement with .1
track changes and questions.
9/1/2021 Preparation of Guardian Ad Litem Report 2.5
9/1/2021 Preparation of proposed order approving GAL fees. .2
9/1/2021 Receipt and review proposed Final Judgment. .3
TOTAL 10.4
My hourly rate is $200.00 per hour. I have worked a total of 10.4 hours in the above-
referenced matter at the time this report was completed (this does not include the time spent
attending the prove up hearing). The guardian ad litem fees in the above-referenced matter are
$2,080.00.
Respectfully submitted,
/s/ Marifer Aceves
MARIA “MARIFER” ACEVES
ACEVES LAW, PLLC
State Bar No. 24087074
3010 LBJ Freeway, Suite 1200
Dallas, Texas 75234
Phone: (972) 827-7962
Fax: (214) 614-4421
Email: maria.aceves@aceveslaw.com
GUARDIAN AD LITEM
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CERTIFICATE OF SERVICE
The undersigned counsel certifies that on the 2nd day of September, 2021 the foregoing
was served in compliance with Rules 21 and 21a of the Texas Rules of Civil Procedure.
/s/ Marifer Aceves
MARIA “MARIFER” ACEVES
GUARDIAN AD LITEM REPORT AND GUARDIAN AD LITEM FEES PAGE 8
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Maria Aceves on behalf of Maria Aceves
Bar No. 24087074
maria.aceves@aceveslaw.com
Envelope ID: 56903392
Status as of 9/3/2021 8:56 AM CST
Associated Case Party: LEADERS BILINGUAL ACADEMY
Name BarNumber Email TimestampSubmitted Status
Kathy Klinkhammer klinkhak@phelps.com 9/2/2021 10:26:42 AM SENT
Queta Sims queta.sims@phelps.com 9/2/2021 10:26:42 AM SENT
Mary "Amy" CazesGreene amy.greene@phelps.com 9/2/2021 10:26:42 AM SENT
Associated Case Party: SANDY COCA
Name BarNumber Email TimestampSubmitted Status
Aaron Genthe 24093610 efile@genthelawfirm.com 9/2/2021 10:26:42 AM SENT