Knaus et al v. The Boeing Company

Filing 106

ORDER by Judge Yvonne Gonzalez Rogers granting (666) Plaintiffs Xingyong Chen and Fuhua Wang's Unoppposed Motion for Approval of Minor's Compromise in case 4:13-md-02497-YGR and in individual case 4:15-cv-3916-YGR. (fs, COURT STAFF) (Filed on 8/11/2016)

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Lewis S. Eidson, Esq.
[e-mail]
Enid Duany Mendoza, Esq.
[e-mail]
COLSON HICKS EIDSON, P.A.
255 Alhambra Circle, Penthouse
Coral Gables, Florida 33134
Tel: [phone]
Facsimile: [phone]
Monica Kelly, Esq.
[e-mail]
RIBBECK LAW CHARTERED
Lake Point Tower
505 North Lake Shore Drive
Chicago, Illinois 60611
Tel: [phone]
Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT FOR THE

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NORTHERN DISTRICT OF CALIFORNIA

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IN RE: AIR CRASH AT SAN FRANCISCO,
CALIFORNIA ON JULY 6, 2013

MDL No. 2497

This document relates to

[PROPOSED] ORDER GRANTING
PLAINTIFFS XINGYONG CHEN AND
FUHUA WANG’S UNOPPOSED MOTION
FOR APPROVAL OF MINOR’S
COMPROMISE

Case No. 4:15-CV-03916-YGR
CARL KNAUS et al,
vs.

Plaintiffs,

THE BOEING COMPANY,
Defendant.

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Plaintiffs Xingyong Chen and Fuhua Wang, as natural parents of S.C. and as Next

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Friends of S.C., by and through their counsel, have submitted their Unopposed Motion for

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Approval of Minor’s Compromise pertaining to a settlement reached with all parties on behalf of

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S.C.

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Upon review of the file and consideration of the materials submitted in support thereof,

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including the Motion, the Declaration of Enid Duany Mendoza, the Report of Next Friends, the

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Declarations of Xingyong Chen and Fuhua Wang, and the non-opposition of the released parties

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provided to the Court prior to the making of this Order, the Court does hereby find and order as

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follows:

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1.

The settlement of the claim of plaintiff S.C. against all parties, as compromised

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pursuant to the terms of the Settlement Agreement and General Release (Exhibit A to the

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Declaration of Enid Duany Mendoza) is approved.

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2.

Asiana's Aviation Hull and liability insurers and reinsurers subscribing to the

policies in effect on July 6, 2013, shall issue payment in the amount of ____________ to the
account titled S.C., a minor, Fuhua Wang Custodian under UTMA, at the________________,
_____________________________________, to be received within 30 (thirty) days of Court
Approval.
3.

The account titled S.C., a minor, Fuhua Wang Custodian under UTMA, at the

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_______________ described above shall be a restricted account governed, upon penalty of law,

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by this Order and shall bear the highest interest available. The terms and conditions of the

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account shall be as follows:
a.

no third party, including but not limited to the custodian, shall be allowed to
withdraw sums or close the account at any time;

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MDL No. 2497 Case No. 4:15-cv-03916-YGR
[Proposed] Order Granting Plaintiffs Xingyong Chen and Fufua Wang’s Unopposed Motion for Approval of
Minors’ Compromise

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b. S.C. shall not be allowed to make a withdrawal from the account while she is

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a minor unless she presents an order from this Court, and

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c. S.C. shall be allowed to withdraw from the account after she reaches age 18

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upon presentation of a photo identification such as her passport.

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4.

The parties to this settlement shall cooperate fully and execute any and all

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supplementary documents and shall take all additional actions which may be necessary or

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appropriate to give full force and effect to the basic terms and intent of this settlement.

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5.

Plaintiffs’ counsel may attach the fully executed settlement documents, when

obtained, to this Order for purposes of submitting same to the ________________.
6.

The Court approves payments of $562.50 to Dr. Andrew Davy and $250.00 to Dr.

Sara Malagold to satisfy their liens for medical services to S.C. These liens shall be paid out of
the allotment for attorneys’ fees pursuant to agreement among counsel.

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7.

The Court approves payment of ______________ as attorneys’ fees.

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8.

The Court approves dismissal of all claims of S.C. against defendant, with

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prejudice. Plaintiffs’ counsel shall submit dismissal promptly after the settlement has been
funded, and all other due consideration has been received by Plaintiffs’ counsel.

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IT IS SO ORDERED.

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August 11
DATED: _____________________, 2016

________________________________

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Hon. Yvonne Gonzalez Rogers

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U.S. District Judge

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MDL No. 2497 Case No. 4:15-cv-03916-YGR
[Proposed] Order Granting Plaintiffs Xingyong Chen and Fufua Wang’s Unopposed Motion for Approval of
Minors’ Compromise

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