Patel et al v. Amonett

Filing 32

JUDGMENT, in accordance with the opinion entered today, it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) Plf Vinodkumar Patel, on behalf of minor child S.V.P., shall have and recover the aggregate sum of $ 23,500.00 from defen dant James O. Amonett; Payment shall be made to the Trust Account of Emmanuel, Sheppard & Condon, with said proceeds to be distributed, as further set out in order; In the event that counsel for S.V.P. is able to negotiate any subrogation claim to an amount lower than listed above, the additional saved amounts shall be distributed to plf Vinodkumar Patel for the use and benefit of S.V.P.; (2) def Amonett shall pay the guardian ad litem fee of $1,430.00 directly to Hon. Karen Laneaux; (3) Up on payment of the foregoing, def Amonett shall be fully released from any further claims by or on behalf of S.V.P. arising out of the August 2013 accident; further ORDERING that the remaining plfs motion, orally made on 3/1/17, to dismiss all claims in these matters is granted, and, except as to judgment entered above for $ 23,500.00, these actions are dismissed with prejudice; directing the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP; these cases are closed.. Signed by Honorable Judge Myron H. Thompson on 3/3/17. (Attachments: # 1 civil appeals checklist)(djy, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, EASTERN DIVISION
RAMESHBHAI PATEL, et al.,
Plaintiffs,
v.
JAMES O. AMONETT,
Defendant.
VINODKUMAR PATEL,
individually and on behalf
of minor child S.V.P., and
JYOTSNA PATEL,
Plaintiffs,
v.
JAMES O. AMONETT,
Defendant.

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CIVIL ACTION NO.
3:15cv829-MHT
(WO)

CIVIL ACTION NO.
3:15cv830-MHT
(WO)

JUDGMENT
In accordance with the opinion entered today, it is
the

ORDER,

JUDGMENT,

and

DECREE

of

the

court

as

follows:
(1) Plaintiff Vinodkumar Patel, on behalf of minor
child S.V.P., shall have and recover the aggregate sum

of

$ 23,500.00

from

defendant

James

O.

Amonett.

Payment shall be made to the Trust Account of Emmanuel,
Sheppard & Condon, with said proceeds to be distributed
as follows:
(a) The sum of $ 7,000.00 to Allstate Insurance
Company for payments made on behalf of S.V.P.
(b) The sum of $ 4,108.50 to Baptist Medical
Center

for

outstanding

charges

for

the

medical

treatment of S.V.P.
(c)

The

sum

of

$ 1,098.90

to

plaintiff

Vinodkumar Patel, S.V.P.’s father, for reimbursement of
his

payment

of

the

charges

of

Care

Ambulance

for

transport of S.V.P. on the date of the accident.
(d) $ 6,800.00 to Emmanuel, Sheppard & Condon,
for attorneys’ fees.
(e) $ 4,492.60 to plaintiff Vinodkumar Patel
for the use and benefit of S.V.P.
In the event that counsel for S.V.P. is able to
negotiate any subrogation claim to an amount lower than
listed

above,

the

additional

2

saved

amounts

shall

be

distributed to plaintiff Vinodkumar Patel for the use
and benefit of S.V.P.
(2) Defendant Amonett shall pay the guardian ad
litem fee of $ 1,430.00 directly to Hon. Karen Laneaux.
(3)

Upon

payment

of

the

foregoing,

defendant

Amonett shall be fully released from any further claims
by or on behalf of S.V.P. arising out of the August
2013 accident.
Furthermore,

as

counsel

for

all

the

remaining

plaintiffs represented that all their claims in these
cases

have

been

settled,

it

is

ORDERED

that

the

remaining plaintiffs’ motion, orally made on March 1,
2017,

to

dismiss

all

claims

in

these

matters

is

granted, and, except as to judgment entered above for
$ 23,500.00,

these

actions

are

dismissed

with

prejudice.
The clerk of the court is DIRECTED to enter this
document

on

the

civil

pursuant

to

Rule

58

of

docket
the

Procedure.

3

as

a

Federal

final
Rules

judgment
of

Civil

These cases are closed.
DONE, this the 3rd day of March, 2017.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE