C.D. v. Alabama CVS Pharmacy, L.L.C. et al

Filing 55

JUDGMENT, in accordance with the opinion entered this date, it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) The parties' proposed settlement is approved; (2) Judgment is entered in favor of plf C.D., a minor, by and through her mother and next friend, Cynthia Davenport, and against def Coca-Cola Refreshments USA, Inc. Plf C.D. shall have and recover from defendant Coca-Cola Refreshments USA, Inc. the sum of $ 19,000.00;(3) Def Coca-Cola Refreshments USA, Inc.s 44 motion to allow settlement funds to be deposited in the court is granted; (4) Upon def Coca-Cola Refreshments USA, Inc.'s payment of the full amount of the settlement funds into the court, the clerk of the court shall disburse the funds , as further set out in order; (5) Def Coca-Cola Refreshments USA, Inc. is to pay to the guardian ad litem, Hon. Karen Laneaux, her fee of $ 1,100.00l; No costs are taxed; directing the clerk to enter this document on the civil docket as a f inal judgment pursuant to Rule 58 of the FRPC; this case is closed. Signed by Honorable Judge Myron H. Thompson on 6/15/15. (Attachments: # 1 civil appeals checklist). Furnished to Calendar group, AG, Clerk & Finance (terminates Pretrial Conference 07/17/2015; Jury Trial 08/17/2015).(djy, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
C.D., a Minor, by and
Through her Mother and
Next Friend, Cynthia
Davenport,

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Plaintiff,
v.
COCA-COLA REFRESHMENTS
USA, INC.,
Defendant.

CIVIL ACTION NO.
2:14cv952-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’ proposed settlement is approved.
(2) Judgment is entered in favor of plaintiff C.D.,
a minor, by and through her mother and next friend,
Cynthia

Davenport,

and

Refreshments USA, Inc.

against

defendant

Coca-Cola

Plaintiff C.D. shall have and

recover from defendant Coca-Cola Refreshments USA, Inc.
the sum of $ 19,000.00.
(3) Defendant

Coca-Cola

Refreshments

USA,

Inc.’s

motion to allow settlement funds to be deposited in the
court (doc. no. 44) is granted.
(4) Upon

defendant

Coca-Cola

Refreshments

USA,

Inc.’s payment of the full amount of the settlement
funds into the court, the clerk of the court shall
disburse the funds as follows:
(A) The clerk of the court shall pay the sum
of $ 10,030.74 to Gathings Law Firm for an attorney’s
fee and expenses.
(B) The clerk of the court shall pay the sum
of $ 667.54 to Gathings Law Firm to be disbursed to
Medicaid on plaintiff C.D.’s behalf.

Gathings Law Firm

shall promptly pay this sum to Medicaid to cover the
cost of plaintiff C.D.’s subrogation lien.
(C) Pursuant to 1975 Ala. Code § 26-2A-6, the
clerk of the court shall pay to Cynthia Davenport, as
parent,

next

friend,

and
2

custodial

guardian

of

plaintiff C.D., immediately the sum of $ 2,301.72 and
the

sums

following

of

$ 2,000.00

three

years.

per
As

year
to

for

the

each

amount

of

the

remaining

after the initial payment, the clerk of the court shall
hold

and

plaintiff

invest
C.D.

this

until

remainder
all

funds

for

the

have

been

benefit

of

disbursed

according to this periodic payment plan.
(D) Cynthia Davenport, the mother of plaintiff
C.D., is instructed to use all amounts paid to her for
only the health, support, education, and maintenance of
plaintiff C.D.
(E) A guardian ad litem fee of $ 1,100.00 is
awarded and taxed as costs against defendant Coca-Cola
Refreshments USA, Inc.
(F) Upon payment of all the settlement funds
into the court, (i) defendant Coca-Cola Refreshments
USA, Inc. shall have been discharged of its obligations
under

the

settlement;

(ii)

defendant

Coca-Cola

Refreshments USA, Inc. shall also have been discharged
of,

and

released

from,

any
3

further

liability

to

plaintiff C.D. arising out of the accident made the
basis of this lawsuit; and (3) all claims that were or
possibly could have been asserted in this action by
plaintiff C.D. against defendant Coca-Cola Refreshments
USA, Inc. shall have been merged into this judgment and
forever barred.
(5) Defendant Coca-Cola Refreshments USA, Inc. is
to pay to the guardian ad litem, Hon. Karen Laneaux,
her fee of $ 1,100.00.
No costs are taxed.
The clerk of the court is DIRECTED to enter this
document

on

the

civil

pursuant

to

Rule

58

of

docket
the

as

a

Federal

final
Rules

judgment
of

Procedure.
This case is closed.
DONE, this the 15th day of June, 2015.
/s/ Myron H. Thompson____
UNITED STATES DISTRICT JUDGE

Civil