Higgs v. PNK, Inc. et al

Filing 39

ORDER granting 38 Motion to Withdraw Filing; denying as moot 34 Motion to Approve Settlement, Approve Attorney Fees, and Distribute Settlement Proceeds. (See Order for specifics.) Signed by Honorable Barry A. Bryant on October 25, 2018. (mll)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
JARED HIGGS, Individually and as
Special Administrator of the Estate of
HEATHER HIGGS, Deceased
v.

PLAINTIFFS

Civil No. 4:16-cv-04079

PNK, INC. et al

DEFENDANTS
ORDER

Pending now before the Court is Plaintiffs’ Motion to Withdraw Motion to Approve
Settlement, Approve Attorney Fees, and Distribute Settlement Proceeds. ECF No. 38. The parties
have consented to the jurisdiction of a United States Magistrate Judge to conduct any and all
proceedings in this case, including conducting the trial, ordering the entry of a final judgment, and
conducting all post-judgment proceedings. ECF No. 33.
I.

Background:
This lawsuit involves a motor vehicle collision which occurred on August 11, 2016. ECF No.

5. As a result of this accident, Heather Higgs was killed when a 18 wheeler, being driven by
Defendant Jerry Freeman and owned by Defendant PNK, Inc., collided with Mrs. Higgs’ vehicle. Id.
On August 23, 2016, Plaintiff Jared Higgs, husband of Heather Higgs, was appointed Special
Administrator of the Estate of Heather Higgs. ECF No. 34. As the Special Administrator of the Estate
of Heather Higgs, Jared Higgs brings this action on behalf of himself and the surviving family
members. ECF No. 5. The surviving family members of Heather Higgs are: (1) H. C., minor
daughter, (2) Cynthia Beck, mother, (3) Jerry Beck, father, and (4) Heath Beck, brother. Id.
On August 2, 2018, Plaintiff filed a Motion to Approve Settlement, Approve Attorney Fees,
and Distribute Settlement Proceeds. ECF No. 34. Following this, in order to assist in the Court’s

1

responsibility to review the settlement agreement, this Court appointed Mark Burgess as a guardian
ad litem to represent the interests of the minor H.C. ECF No. 35. According to Plaintiff, a resolution
has now been reached in this matter, and as part of the resolution, Plaintiff has agreed to withdraw the
Motion to Approve Settlement, Approve Attorney Fees, and Distribute Settlement Proceeds and
request approval of settlement through the Nevada County Probate Court that appointed Jared Higgs
Special Administrator of the Estate of Heather Higgs. ECF No. 38.
II.

Conclusion:
Based on the foregoing, the Court GRANTS Plaintiffs’ Motion to Withdraw Motion to

Approve Settlement, Approve Attorney Fees, and Distribute Settlement Proceeds (ECF No. 38) and
Plaintiffs’ Motion to Approve Settlement, Approve Attorney Fees, and Distribute Settlement Proceeds
(ECF No. 34) is DENIED AS MOOT.
Further, the parties are directed to file appropriate dismissal materials with this Court within
thirty (30) days of the date of entry of the Circuit Court of Nevada County, Arkansas’s order granting
approval of the settlement and distributing the settlement proceeds.
Additionally, Mr. Burgess shall be discharged from any further duties in this matter in his
capacity as guardian ad litem.1
ENTERED this 25th day of October 2018.

Barry A. Bryant

/s/
HON. BARRY A. BRYANT
U.S. MAGISTRATE JUDGE

1

The Court has been informed Mr. Burgess has been compensated by the Defendants for his

work.

2