McDaniel v. Dietrich School District No. 314 et al

Filing 92

ORDER - NOW THEREFORE IT IS HEREBY ORDERED, that the Petition to Approve Incompetent Plaintiffs Settlement (docket no. 91 ) is GRANTED. IT IS FURTHER ORDERED, that attorneys for the Plaintiff shall file within 20 days from and after the docketing of this Order, their respective petitions and affidavits requesting allowance of attorneys fees and costs, if any. IT IS FURTHER ORDERED, that the guardian ad litem shall file his affidavit and report to this court within 10 days following the filing o f requests for fees and costs, stating his approval, disapproval and recommendations regarding allowance of the fee and cost applications so filed by any and all counsel. IT IS FURTHER ORDERED, that within 10 days after the docketing of the Order abo ve described, attorneys for plaintiff shall file with the court the proposed Judgment and Order providing for Dismissal with Prejudice of this action. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO

ANTWON McDANIEL
Case No. 1:16-cv-202-BLW
Plaintiff,
ORDER
v.

DIETRICH SCHOOL DISTRICT NO.
314, et al.,
Defendants.

The court having reviewed the Petition of the guardian ad litem Tim McDaniel
requesting approval of the compromise and settlement of this case and cause and finding
good cause therefore,
NOW THEREFORE IT IS HEREBY ORDERED, that the Petition to Approve
Incompetent Plaintiff’s Settlement (docket no. 91) is GRANTED. Tim McDaniel
guardian ad litem is granted authority to execute the final pleadings and documents to
settle this case.
IT IS FURTHER ORDERED, that attorneys for the Plaintiff shall file within
twenty (20) days from and after the docketing of this Order, their respective petitions and
affidavits requesting allowance of attorney’s fees and costs, if any.

IT IS FURTHER ORDERED, that the guardian ad litem shall file his affidavit and
report to this court within ten (10) days following the filing of requests for fees and costs,
stating his approval, disapproval and recommendations regarding allowance of the fee
and cost applications so filed by any and all counsel.
IT IS FURTHER ORDERED, that after the filing of the fees and cost requests and
the report of the guardian ad litem, the Court will enter an Order respecting allowance of
attorney’s fees and costs.
IT IS FURTHER ORDERED, that within ten (10) days after the docketing of the
Order above described, attorneys for plaintiff shall file with the court the proposed
Judgment and Order providing for Dismissal with Prejudice of this action and such
further Orders as may be required to finalize this proceeding and case including release of
the guardian ad litem and disposition of monies to trust accounts and/or other trusts and
accounts providing for plaintiff’s benefit as may be determined in state court proceedings
hereafter.

DATED: September 28, 2017

_________________________
B. Lynn Winmill
Chief Judge
United States District Court