Russell et al v. United States of America et al

Filing 52

ORDER granting 48 Application for order approving minors' compromise. Signed by Judge Thelton E. Henderson on 08/18/10. (tehlc3, COURT STAFF) (Filed on 8/18/2010)

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Russell et al v. United States of America et al Doc. 52 1 2 3 4 5 6 7 8 9 10 v. UNITED STATES OF AMERICA, et al., Defendants. SASKIA RUSSELL, et al., Plaintiffs, NO. C08-5651 TEH ORDER APPROVING MINORS' COMPROMISE IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA United States District Court 11 For the Northern District of California 12 13 The Court has reviewed all of the papers submitted on Plaintiffs' application for an 14 order approving minors' compromise, including Plaintiffs' supplemental declaration 15 explaining that $50,000 of the total $250,000 settlement is designed to settle the individual 16 claim of Plaintiff Saskia Russell, leaving $200,000 to settle the claims of the four minor 17 plaintiffs. The Court now finds oral argument to be unnecessary. 18 With good cause appearing, IT IS HEREBY ORDERED that Plaintiffs' application is 19 GRANTED, and the proposed compromise of the action and disposition of the proceeds of 20 the settlement is approved. The gross amount of the settlement in favor of the four minor 21 plaintiffs Chantz Russell, Hudson Russell, Maverick Russell, and Brodin Russell is 22 $200,000.00. 23 Defendant United States of America shall disburse the proceeds of the settlement 24 approved by this Order in the following manner: 25 1. Payment of Fees and Expenses: Fees and expenses shall be paid by 26 electronic wire transfer to an account designated by Brayton Purcell LLP. Attorneys' fees in 27 the amount of $50,000.00 are hereby authorized to be paid out of the proceeds of the 28 settlement. 1 2. Payment of Settlement Proceeds to Minor Plaintiffs: The $150,000.00 2 balance of the settlement proceeds after payment of the allowed attorneys' fees shall also be 3 paid by electronic wire transfer to an account designated by Brayton Purcell LLP. 4 a. These funds shall be used solely for deposit into interest-earning, 5 blocked accounts with a bank properly insured under the rules and regulations of the Federal 6 Deposit Insurance Corporation for the express benefit of Chantz Russell, Hudson Russell, 7 Maverick Russell, and Brodin Russell, and for no other purpose. Each minor plaintiff shall 8 be entitled to $37,500.00 of the settlement proceeds. 9 b. The funds in these accounts shall remain blocked until each minor child 10 reaches the age of majority. Once each minor plaintiff reaches the age of majority, he or she United States District Court 11 shall be entitled to withdraw all or any portion of the balance held in his or her respective For the Northern District of California 12 account without necessity of a court order, and the account shall no longer be blocked. 13 Plaintiff Saskia Russell is authorized to execute any and all documents reasonably 14 necessary to carry out the terms of the settlement approved herein. A copy of all such 15 documents shall be served on Defendant United States of America. A copy of this Order 16 shall be served on the financial institution responsible for the interest-earning, blocked 17 accounts involved herein. 18 19 IT IS SO ORDERED. 20 21 Dated: 08/18/10 22 23 24 25 26 27 28 2 THELTON E. HENDERSON, JUDGE UNITED STATES DISTRICT COURT

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