Knaus et al v. The Boeing Company

Filing 88

ORDER GRANTING PLAINTIFF MIAO LUO AND YI QUIN'S UNOPPOSED MOTION FOR APPROVAL OF MINOR'S COMPROMISE re (596 in 4:13-md-02497-YGR) MOTION for Approval of Minor's Compromise filed by Miao Luo. Signed by Judge Yvonne Gonzalez Rogers on 5/2/2016. (fs, COURT STAFF) (Filed on 5/2/2016)

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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]

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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

Ther document relates to

[PROPOSED] ORDER GRANTING
PLAINTIFF MIAO LUO AND YI QIN’S
UNOPPOSED MOTION FOR APPROVAL
OF MINOR’S COMPROMISE

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Case No. 4:15-CV-03916-YGR

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CARL KNAUS et al,
Plaintiffs,
vs.

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THE BOEING COMPANY,
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Defendant.

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Plaintiffs Miao Luo and Yi Qin, as natural parents of S.L. and as Next Friends of S.L., by

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and through their counsel, have submitted their Unopposed Motion for Approval of Minor’s

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Compromise pertaining to a settlement reached with all parties on behalf of S.L.

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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 revised Report of Next

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Friends, the revised Declarations of Miao Luo and Yi Qin, and the non-opposition of any of the

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released parties provided to the Court prior to the making of this Order, the Court does hereby

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find and order as follows:

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1.

The settlement of the claim of plaintiff S.L. 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 _______________ made

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payable to MetLife Tower Resources Group, Inc. and delivered to NFP Structured Settlements,
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as broker of record, to be received within 30 (thirty) days of Court Approval.
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3.

MetLife Tower Resources Group, Inc. shall fund the Periodic Payment(S) by

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purchasing a “qualified funding asset” within the meaning of Section 130(d) of the Internal

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Revenue Code of 1986 in the form of an annuity contract issued by Metropolitan Life Insurance

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Company in the sum of ______________ for the benefit of S.L. that shall provide a

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____________ guaranteed lump sum payable ________________ to S.L.

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4.

If S.L. predeceases any Periodic Payment(s), the beneficiary of the Periodic

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Payment(s) shall be the surviving parent(s) or legal guardian(s) of S.L.
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S.L., by and through his parent(s) and legal guardian(s), agrees to provide the

Foreign Wire Form required by Metropolitan Life Insurance Company for electronic deposit of
MDL No. 2497 Case No. 4:15-cv-03916-YGR
[Proposed] Order Granting Plaintiff Miao Luo and Yi Qin’s Unopposed Motion for Approval of Minor’s
Compromise

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funds. This completed form shall be provided to Metropolitan Life Insurance Company no less

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than ninety (90) days prior to ________________. Delay in providing this information may

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cause the Periodic Payment(s) to be delayed.

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6.

If a periodic payment is unable to be completed and S.L. cannot be contacted,

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plaintiff’s counsel of record will remain responsible to make its best efforts to locate S.L.
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The parties to this settlement shall cooperate fully and execute any and all

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supplementary documents, including the Qualified Assignment document, and to take all

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additional actions which may be necessary or appropriate to give full force and effect to the basic

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terms and intent of this settlement.

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8.

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

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obtained, to this Order for purposes of submitting same to Metropolitan Life Insurance
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Company.
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Should delays in effectuating the financial terms of this settlement cause a

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decrease in the future payment amount to be received by S.L., no further pleading or order of this

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Court shall be necessary so long as the total payment is no less than 97% of the amount set forth

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in the Minor’s Compromise and the Declaration of Enid Duany Mendoza, all other variables

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(payout date, purchase price of the annuities) remaining the same.
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10.

The Court approves the payment of $1,875.00 to Dr. Gennady Musher; and

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$4,984.00 to the Western Eye Center in Shanghai, China. The Court further approves payment

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of $176 to Statewide Interpreters Corporation for translation costs when S.L. went to medical

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appointments in the U.S. with his parents. These liens shall be paid from the allotment for

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attorneys’ fees pursuant to an agreement among counsel.

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11.

The Court approves payment of ________________ as attorneys’ fees.

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MDL No. 2497 Case No. 4:15-cv-03916-YGR
[Proposed] Order Granting Plaintiff Miao Luo and Yi Qin’s Unopposed Motion for Approval of Minor’s
Compromise

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12.

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

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prejudice. Plaintiffs’ counsel shall submit dismissal promptly after the annuities set forth in the

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settlement documents have been funded, and all other due consideration has been received by

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Plaintiffs’ counsel.

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IT IS SO ORDERED.

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April 28
DATED: _____________________, 2016

________________________________
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 Plaintiff Miao Luo and Yi Qin’s Unopposed Motion for Approval of Minor’s
Compromise

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