H.L. v. C.C. et al

Filing 30

JUDGMENT, in accordance with the opinion entered this date, it is the ORDER, JUDGMENT and DECREE of the court as follows: (1) the parties' 28 Petition for approval of pro-ami Settlement is granted; (2) the following sum is approved in settl ement of all claims brought by plf H.L. who sues by and through Heather Ware, her mother and next friend, as further set out in order; (3) said proceeds shall be paid directly to Beasley Allen and then distributed, as further set out in order; (4) th e remaining sum of $46,554.20 is to be maintained in a trust account with Beasley Allen for H. L. until she reaches the age of 19; (5) the insurance carriers for C.C. and the uninsured-motorist carrier, Country Preferred Ins. Co., as successor t o def Shield Ins Co, shall each pay one-half of the fees and expenses of the guardian ad litem, Karen Mastin Laneaux; (6) Upon payment of the foregoing, defendant Shield Ins Co shall be fully released and this action dismissed with prejudice; (7) Thi s action is dismissed with prejudice, except in the following respect for which the court retains jurisdiction, as further set out in order; directing the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP; the clerk may close this case. Signed by Honorable Judge Myron H. Thompson on 2/26/13. (Attachments: # 1 civil appeals checklist)(djy, )

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

H. L., a minor who sues
by and through Heather
Ware her mother and next
of friend,
Plaintiff,
v.
SHIELD INSURANCE COMPANY,
Defendant.

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CIVIL ACTION NO.
2:12cv996-MHT
(WO)

JUDGMENT
In accordance with the opinion entered this date, it
is

the

ORDER,

JUDGMENT,

and

DECREE

of

the

court

as

follows:
(1) The parties’ petition for approval of pro-ami
settlement (Doc. No. 28) is granted.
(2) The following sum is approved in settlement of all
claims brought by plaintiff H.L., who sues by and through
Heather Ware, her mother and next friend: $ 90,000, with
$ 50,000 paid by U.S.A.A. on behalf of its insured,
defendant C.C.) and $ 40,000 paid by Country Preferred

Insurance Company, as

successor to Shield Insurance

Company.
(3) Said proceeds shall be paid directly to Beasley
Allen and then distributed as follows:
(a) $ 10,006.52 to Blue Cross Blue Shield
for injuries sustained.
(b) $ 2,500 to Heather Ware for her out-ofpocket expenses.
(c) $ 1453.20 and $ 29,486.08 to Beasley
Allen for expenses and attorney’s fees,
respectively;
(4) The

remaining

sum

of

$

46,554.20

is

to

be

maintained in a trust account with Beasley Allen for H.L.
until she reaches the age of 19.
(5) The

insurance

carriers

for

C.C.

and

the

uninsured-motorist carrier, Country Preferred Insurance
Company,

as

successor

to

defendant

Shield

Insurance

Company, shall each pay one-half of the fees and expenses
of the guardian ad litem, Karen Mastin Laneaux.

2

(6) Upon payment of the foregoing, defendant Shield
Insurance Company shall be fully released and this action
dismissed with prejudice.
(7) This action is dismissed with prejudice, except in
the

following

jurisdiction:

respect
Within

60

for

which

days

from

the
the

court
date

retains
of

this

judgment, H.L. may submit a specific proposal for court
approval of an amount to be released in order to purchase
or make a down payment on a car for her.
The clerk of the court is DIRECTED to enter this
document on the civil docket as a final judgment pursuant
to Rule 58 of the Federal Rules of Civil Procedure.
The clerk of the court may close this case.
DONE, this the 26th day of February, 2013.

/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE