Allstate Insurance Company v. United States Of America

Filing 23

ORDER dismissing case with prejudice. Signed by Judge B. Avant Edenfield on 10/27/08. (bcw)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION BRANDON HARRINGTON, Plaintiff, v.
406CV285

against the United States: Harrington v. U.S., 406CV285; Wilson v. U.S., 407CV115; and Allstate Insurance Company v. U.S., 407CV044. After the Government announced settlement in them, doc. # 41, the Court administratively closed this case and noted that At this point the parties have two options: (1) do nothing, in which case the Court will, in thirty days from the date this Order is served, dismiss this case with prejudice; or (2) within that same time period present a Kokkonen-based, 3 F.R.Civ.P. 41 (a)(2) dismissal judgment incorporating their settlement so that the Court may retain jurisdiction to enforce it. Doc. # 42.

UNITED STATES OF AMERICA, Defendant.

ALLSTATE INSURANCE COMPANY, Plaintiff, v.
407CV044

UNITED STATES OF AMERICA, Defendant.

BARBARA WILSON, Individually and as Natural Parent and Next Friend of DEAKON LUCAS WILSON-HARRINGTON, a Minor, Plaintiff, v.
407CV115

In response, Barbara Wilson, individually and on behalf of Deakon Lucas Wilson (a minor), moves the Court to approve their settlement. 407CV1 15, doc. # 19. She also asks the Court to retain jurisdiction. Doc. # 20. The Court grants both motions. The Court has examined petition # 19 and finds that the settlement as proposed is in the best interest of Deakon Lucas Harrington. See doc. # 24 at 2 (the Government takes no position on this issue). While the $2,000 settlement amount seems small compared to the $17,000 total settlement in Wilson, see 407CV1 15 doc. # 19-5 at 1, it is undisputed that this child suffered no injuries from the

UNITED STATES OF AMERICA, Defendant.

ORDER Before this Court have been three consolidated, 1 negligence-based FTCA2 cases

through multiple case files. Despite the Court's consolidation Order, however, the parties have continued filing papers in # 407CV1 15, thus defeating one of the core purposes of consolidation.
2

See 406CV285 doc. # 18 (Order consolidating case # 407CV044 into case # 406CV285); # 25 (Order consolidating case # 407CV1 15 into case # 406CV285). One of the benefits of consolidation is that consolidated parties can file their documents in one case, thereby relieving themselves and the Court of having to flip

1

The Federal Tort Claims Act, 28 U.S.C. §§ 2671-2680 et seq.
3

See Kokkonen v. Guardian Life Ins. Co. of America, 511 U.S. 375, 381-82 (1994).

vehicle collision at the center of this case. And given the relatively small amount compared to the formal investment and reporting protocols contemplated by S.D.GA.LOC .C IV .R 17.1(c), the Court will entrust the safe investment and management of this recovery to Barbara Wilson, free of any further supervision by this Court. Meanwhile, the parties in Allstate Ins. Co. v. U.S., 407CV044, have stipulated to that case's dismissal. 407CV044, doc. # 22. And the parties in Harrington v. U.S., 406CV285, implicitly ask this Court to retain settlementjurisdiction over their settlement as set forth in doc. # 43. Accordingly, the Court:

GRANTS Wilson v. U.S., 407CV115 motions # 19 and # 20, then DISMISSES that case WITH PREJUDICE, except to
retain settlement-enforcement jurisdiction over the settlement set forth at doc. # 23;

·

·

DISMISSES WITH PREJUDICE

Allstate Ins. Co. v. U.S., 407CV044; and

· DISMISSES WITH PREJUDICE
Harrington v. U.S., 406CV285, except to retain settlement-enforcement jurisdiction over the settlement set forth at doc. # 43. This 27 day of October, 2008.

______________________________________ B. AVANT EDENFIELD, JUDGE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA