Johnson v. United States of America

Filing 48

OPINION AND ORDER: it is ORDERED as follows: (1) Honorable Karen Laneaux, PO Box 686, Montgomery, Alabama 36101, 334.269.5930, <[e-mail]>, is appointed as guardian ad litem to represent minor plf Ka.I.P.; (2) Plfs' counse l is to pay the attorney's fees and expenses of the guardian ad litem, with those fees and expenses not to be subtracted from the amount of the proposed settlement; (3) The clerk of the court is to arrange for the guardian ad litem to receive a copy of the file in this case; (4) An on-the-record fairness hearing on the proposed settlement is set for 1/25/2016, at 10:00 AM, in Courtroom 2FMJ of the Frank M. Johnson Jr. United States Courthouse Complex, One Church Street, Montgomery, Alabama. Counsel for all parties, the minor plf's grandmother, and the guardian ad litem are to be present at the hearing; (5) On or before noon on 1/20/2016, the guardian ad litem is to file, under seal, a report as to whether and, if so, why the court should approve the proposed settlement for the minor. Signed by Honorable Judge Myron H. Thompson on 12/22/2015. (furn: calendar, ag) (wcl, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, SOUTHERN DIVISION

COREY JARREL JOHNSON,
Plaintiff,
v.
UNITED STATES OF AMERICA,
Defendant.

AMANDA JO PEACOCK,
Plaintiff,
v.
UNITED STATES OF AMERICA,
Defendant.

KA.I.P., a minor, by and
through her maternal
grandmother, custodian and
next friend, Stephanie
Jones,
Plaintiff,
v.
UNITED STATES OF AMERICA,
Defendant.

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CIVIL ACTION NO.
1:14cv220-MHT
(WO)

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CIVIL ACTION NO.
1:14cv221-MHT
(WO)

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CIVIL ACTION NO.
1:14cv222-MHT
(WO)

OPINION AND ORDER
This lawsuit, in which a proposed settlement has
been reached involving all plaintiffs, is before the
court on the parties’ request for a pro ami hearing to
approve the proposed settlement for the minor plaintiff
Ka.I.P..
made

Based on the representations of the parties

during

the

conference

call

on

the

record

on

December 16, 2015, the court will appoint a guardian ad
litem

to

evaluate

and

advocate

for

the

minor

plaintiff’s best interests, for two reasons.
the

plaintiffs’

plaintiffs

and

attorney--who
has

determined

represents
the

First,

all

division

three
of

the

proposed lump-sum settlement amongst his clients--faces
a conflict in dividing the settlement proceeds because
his

clients

potentially

have

‘zero

sum’

competing

interests--that is, because the case was settled for a
lump

sum,

plaintiff’s

one

plaintiff’s

loss.

gain

Additionally,

could
because

be

another

the

minor

plaintiff’s legal guardian, her grandmother, is also
2

the mother of one of the other plaintiffs who will
share in the lump-sum settlement, the guardian has a
conflict as well, for her grandchild’s loss could be
her daughter’s gain.

Further, based on the statements

of plaintiffs’ counsel at the hearing, the grandmother
has

not

advocated

discussions

with

for

counsel

the
about

minor
the

plaintiff

division

of

in
the

settlement proceeds but instead merely agreed to his
suggestions;

her

reticence

reinforces

the

court’s

concern about her conflict.
The parties are not in agreement as to who will
bear

the

cost

of

the

guardian

ad

litem’s

fees

and

expenses.

As plaintiffs’ counsel will earn $ 1 million

from

settlement

the

of

this

case,

and

given

the

injuries suffered by the plaintiffs, it is fair that
plaintiffs’ counsel bear the fees and expenses of the
guardian ad litem.
* * *
Accordingly, it is ORDERED as follows:

3

(1)

Honorable

Montgomery,

Karen

Laneaux,

Alabama

<[e-mail]>,

P.O.

36101,
is

appointed

Box

686,

334.269.5930,
as

guardian

ad

litem to represent minor plaintiff Ka.I.P..
(2) Plaintiffs’ counsel is to pay the attorney’s
fees and expenses of the guardian ad litem, with those
fees and expenses not to be subtracted from the amount
of the proposed settlement.
(3) The clerk of the court is to arrange for the
guardian ad litem to receive a copy of the file in this
case.
(4)

An

on-the-record

fairness

hearing

on

the

proposed settlement is set for January 25, 2016, at
10:00 a.m., in Courtroom 2FMJ of the Frank M. Johnson
Jr.

United

States

Courthouse

Complex,

One

Church

Street, Montgomery, Alabama. Counsel for all parties,
the minor plaintiff’s grandmother, and the guardian ad
litem

are

to

be

present

4

at

the

hearing.

(5) On or before noon on January 20, 2016, the
guardian ad litem is to file, under seal, a report as
to whether and, if so, why the court should approve the
proposed settlement for the minor.
DONE, this the 22nd day of December, 2015.
/s/ Myron H. Thompson____
UNITED STATES DISTRICT JUDGE