Cockrill v. Baptist Health et al

Filing 75

ORDER re 74 Joint MOTION for Settlement Motion to Confirm Settlement, to Dismiss with Prejudice as to Abdalla Tahiri, M.D. and Baptist Health d/b/a Baptist Health Medical Centers and to Deposit Settlement Proceeds into Registry of Court Pending Judicial Determin filed by Janice Cockrill. A hearing is set on the approval of the settlement and for the distribution of proceeds at 10:00 a.m., Thursday, March 29, 2012, in Courtroom A403 of the U. S. Courthouse, 600 West Capitol Avenue, Little Rock, AR. Signed by Judge Billy Roy Wilson on 2/17/12. (kpr)

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
JANICE COCKRILL, SUCCESSOR SPECIAL ADMINISTRATOR OF
THE ESTATE OF BETTY J. WHATLEY, DECEASED
VS.

NO. 4:10CV00524 BRW

BAPTIST HEALTH d/b/a BAPTIST HEALTH MEDICAL CENTERS;
ABDALLA TAHIRI; PATRICIA VICKERS and JOHN DOE 1-10
ORDER SETTING HEARING ON APPROVAL OF THE
SETTLEMENT AND DISTRIBUTION OF THE PROCEEDS
Pending is the Joint Motion of the parties for the approval of the settlement and for a
distribution of the proceeds (Doc. No. 74).
A.C.A. 16-62-102(g) gives this Court the authority to approve a compromise settlement
and affix the share of each beneficiary. Accordingly, the Court orders the attorney for the
plaintiff to give notice of the hearing on the Motion to Approve the Compromise Settlement to
the beneficiaries of the action created under the Arkansas Wrongful Death statute as set forth in
A.C.A. 16-62-102(d) and to the Center for Medicare Services.
The plaintiff must furnish to the potential beneficiaries and the Center for Medicare
Services a copy of the Motion to approve the settlement and warn them that if they fail to appear
personally and give testimony, voice any objections, and produce evidence as to their claims for a
right to the settlement proceeds, the Court may approve the settlement but find that they are not
entitled to share in any proceeds.
The Court approves the form of notice attached to this Order.
The Court sets the hearing on the approval of the settlement and for the distribution of the
proceeds at 10:00 a.m., on Thursday, March 29, 2012, in Courtroom No. A403 of the United
States Courthouse, 600 West Capitol Avenue, Little Rock, Arkansas, before the undersigned
United States District Judge.

1

IT IS SO ORDERED this 17th day of February, 2012.
/s/Billy Roy Wilson
UNITED STATES DISTRICT JUDGE

2

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION

JANICE COCKRILL, SUCCESSOR SPECIAL ADMINISTRATOR OF
THE ESTATE OF BETTY J. WHATLEY, DECEASED
VS.

4:10CV00524 BRW

BAPTIST HEALTH d/b/a BAPTIST HEALTH MEDICAL CENTERS;
ABDALLA TAHIRI; PATRICIA VICKERS and JOHN DOE 1-10

NOTICE
TO:
As the ______________ of Betty J. Whatley, deceased, you are a statutory beneficiary
and, therefore, are entitled to make a claim to share in the proceeds or object to the settlement of
this claim for wrongful death under the provisions of the Arkansas Wrongful Death Statute,
Arkansas Code Annotated 16-62-101. A copy of the Joint Motion for Approval of Settlement is
attached hereto.
A hearing has been set before United States District Judge Billy Roy Wilson for 10:00
a.m., Thursday, March 29, 2012, in Courtroom No. A401 at the United States Courthouse, 600
West Capitol Avenue, Little Rock, Arkansas.
YOU MUST APPEAR AT THAT DATE AND TIME IN ORDER TO SHARE IN ANY
DISTRIBUTION OF THE SETTLEMENT FUNDS.
At that time, the Court will either approve or disapprove the proposed settlement and, if
settlement is approved by the Court, may fix such damages that will be fair and just
compensation for pecuniary injuries including the spouse's loss of services and companionship of
the deceased spouse and any mental anguish resulting from the death experienced by the

surviving spouse and any statutory beneficiary of the deceased. When mental anguish is claimed
as a measure of damages, mental anguish will include grief normally associated with the loss of a
loved one.
IF YOU FAIL TO APPEAR AT THE DATE AND TIME SET OUT, THE COURT
MAY APPROVE THE SETTLEMENT, BUT EXCLUDE YOU FROM A SHARE OF THE
SETTLEMENT PROCEEDS. IF YOU WISH TO OBJECT TO THE SETTLEMENT OR
RECEIVE ANY MONEY, YOU MUST APPEAR AND BE PREPARED TO GIVE
TESTIMONY. YOU SHOULD DISCUSS THIS MATTER WITH AN ATTORNEY. YOU
MAY BE REPRESENTED AT THE HEARING BY AN ATTORNEY OF YOUR OWN
CHOOSING. THE COURT WILL NOT PROVIDE YOU WITH AN ATTORNEY. PLEASE
ADDRESS ALL QUESTIONS TO THE ATTORNEY FOR THE ESTATE:
Floyd M. Thomas, Jr.
423 North Washington
El Dorado, AR 71730
Ph: 870-862-3478
Email: [e-mail]
DO NOT CALL OR WRITE THE COURT
.
THOMAS & HICKEY, L.L.P.
423 North Washington
El Dorado, AR 71730-0032
Ph: 870-862-3478
Fax: [phone]
E-mail: [e-mail]
/s/ Floyd M. Thomas, Jr.
Attorney for Plaintiff (AR Bar #74145)

CERTIFICATE OF SERVICE
I hereby certify that on _______________, 2012, I electronically filed the foregoing with
the Clerk of the Court using the CM/ECF system which shall send notification of such filing to
the following:
William M. Griffin, III
R. T. Beard III
Laura Hensley Smith

- [e-mail]
- [e-mail]
- [e-mail]
/s/ Floyd M. Thomas, Jr.