Garcia et al v. United States of America
ORDER re 54 Amended MOTION to Amend/Correct the First Unopposed Motion for Approval of Minor's Settlement filed by Cassandra Drake.The settlement, as set forth in the Stipulation and Reversionary Trust (Doc. 54-1-54), is APPROVED. SEE ORDER FOR DETAILS. Signed by Judge Sheri Polster Chappell on 2/13/2018. (LMF)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
YOANDRY GARCIA and CASSANDRA
DRAKE, individually and as natural
guardians of AG
Case No: 2:16-cv-168-FtM-38MRM
UNITED STATES OF AMERICA,
ORDER APPROVING SETTLEMENT ON BEHALF OF MINOR
This matter is before the Court for approval of the settlement between the United
States of America and A.G., a minor, by and through Cassandra Drake and Yoandry
Garcia, individually and as natural guardians of A.G. Plaintiff A.G. is represented by
Guardian Ad Litem Richard Marchewka, Esq., her attorney of record, and Cassandra
Drake and Yoandry Garcia, as her parents and natural guardians. Defendant United
States of America is represented by its attorney of record.
The complete and precise terms and conditions of the settlement are set forth in
the Stipulation for Compromise Settlement and Release of Federal Tort Claims Act
Claims Pursuant to 28 U.S.C. § 2677 (“Stipulation”) (Doc. 54-1 at 10-21) and the
Irrevocable Reversionary Inter Vivos Grantor Medical Care Trust for the Benefit of A.G.,
a minor (“Reversionary Trust”) (Doc. 54-1 at 22-54). The Court is informed of the terms
and conditions of the settlement, including the necessity of the approval by the Attorney
General of the United States, and a dismissal of this action in its entirety with prejudice,
with each party to bear its own costs, expenses, and fees, and with the Court expressly
not retaining jurisdiction over the above captioned action, this settlement, or the United
States. The Court finds that the terms and conditions of this settlement, as set forth in
the Stipulation and Reversionary Trust, are fair, reasonable, and in the best interests of
A.G., a minor.
Accordingly, it is
(1) The settlement, as set forth in the Stipulation and Reversionary Trust (Doc. 541-54), is APPROVED.
(2) Richard M. Marchewka, as Guardian Ad Litem of A.G., a minor, and Cassandra
Drake and Yoandry Garcia, as parents and natural guardians of A.G. are
authorized and required to sign the Stipulation, the Reversionary Trust, and
any other documents necessary to consummate the settlement on behalf of
A.G. and to provide any information and documents necessary to complete the
purchase of annuity contracts and the establishment of the Reversionary Trust.
(3) The settlement amount of $4,250,000.00 (the “Settlement Amount”) shall be
distributed according to the terms and conditions of the Stipulation. Regarding
the settlement check that will be made payable to the named Plaintiffs pursuant
to Paragraph 3.a.(1) of the Stipulation, Plaintiffs shall endorse the settlement
check over to their attorney to be deposited into the attorney’s client trust
account to be used to pay the attorney’s fees, costs, and expenses herein
approved and to pay any lien or claim for reimbursement.
(4) Attorney’s fees in this action shall not exceed twenty-five percent (25%) of the
Settlement Amount and shall be paid as provided in the Stipulation. The Court
finds that the costs and expenses associated with the litigation are $76,278.75,
and that such costs and expenses are fair, reasonable, and necessary.
(5) Such costs and expenses are APPROVED and are to be paid as provided in
the Stipulation. Plaintiffs are legally responsible for all past, present, and future
liens or claims for payment or reimbursement, including any liens or claims for
payment or reimbursement by Medicaid, Medicare, or healthcare providers.
Plaintiffs, by and through their attorney, must satisfy or resolve any and all such
past, present, and future liens or claims for payment or reimbursement asserted
by any individual or entity, including Medicaid and Medicare, arising from the
subject matter of this action. Plaintiffs, by and through their attorney, shall
provide to the United States the information required by the Stipulation
regarding the satisfaction or resolution of such liens or claims for payment or
reimbursement within the time specified in said Stipulation.
(6) Plaintiffs, upon final execution of the Stipulation and the Reversionary Trust
and upon receiving notice from the United States Attorney’s Office for the
Middle District of Florida that the United States Attorney General (or the
Attorney General’s designee) has approved the settlement and it has received
the check for the amount of the Upfront Cash set forth in Paragraph 3.a.(1) of
the Stipulation, shall cause their attorney to file with this Court a dismissal of
this action in its entirety with prejudice, with each party bearing its own costs,
expenses, and fees. Upon entry of an order dismissing this action in its entirety
with prejudice, with each party to bear its own costs, expenses, and fees, and
the Court expressly not retaining jurisdiction over the above-captioned action,
this settlement, or the United States, the United States Attorney Office for the
Middle District of Florida shall tender to Plaintiffs’ attorney said Upfront Cash
check. Plaintiffs shall endorse the Upfront Cash check over to their attorney to
be deposited in their attorney’s client trust account to facilitate the disbursement
of the Upfront Cash as authorized by the approving court. Subject to the terms
and conditions set forth in Paragraph 3.a. of the Stipulation, Plaintiffs’ attorney
shall distribute said Upfront Cash to the Plaintiffs after paying or resolving any
currently known lien or claim for reimbursement or payment for which Plaintiffs
have agreed to be legally responsible under the terms of the Stipulation.
DONE and ORDERED in Fort Myers, Florida this 12th day of February 2018.
Copies: All Parties of Record
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