HENNESSEY et al v. STAPLES

Filing 13

ORDER ON 12 MOTION FOR APPROVAL OF MINOR SETTLEMENT By JUDGE NANCY TORRESEN. (dfr)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
REBECCA G. HENNESSEY and
MICHAEL HENNESSEY
AS PARENTS AND NEXT FRIENDS
OF B.H., A MINOR,
Plaintiffs,
v.
ILONA BERENICE STAPLES,

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) Docket no. 1:11-cv-157-NT
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Defendant.
ORDER ON MOTION FOR APPROVAL OF MINOR SETTLEMENT
Upon Motion of Plaintiffs Rebecca and Michael Hennessey, Individually and
as Parents and Next Friends of B.H., a minor, pursuant to Local Rule 41.2 and 14
M.R.S.A. § 1605, the claim of B.H. against Ilona Berenice Staples for injuries
sustained on or about December 7, 2007 on Route 9 in T22 MD, Maine is hereby
approved as set forth herein. The Court has reviewed the motion of the Hennesseys
and finds that the settlement is “fair, reasonable, and in the best interests of the
minor” provided that the settlement proceeds are preserved for the use of B.H. upon
his majority. See Holbrook v. Andersen Corp., 756 F. Supp. 34, 38 (D. Me. 1991).
The Court HEREBY ORDERS that the proceeds of the settlement of B.H. be
paid out as follows: A total settlement in the amount of $10,000, to be delivered to
Rebecca and Michael Hennessey for deposit in an interest-bearing account at a
federally-insured banking institution for the benefit of B.H. A copy of this Order

shall be provided by Rebecca and Michael Hennessey or their attorney to the bank
at which the settlement proceeds are deposited.
It is FURTHER ORDERED that Michael and Rebecca Hennessey or their
attorney shall file a sworn affidavit not later than thirty days after entry of this
Order verifying that the settlement funds for their son’s benefit have been deposited
into a certificate of deposit or other interest bearing account at a federally insured
financial institution, and that they have provided a copy of this Order to that financial
institution. No withdrawal shall be made from this account until B.H. reaches the age
of eighteen (18) years old, except as approved by this Court.
This Order has the effect of a final judgment in favor of Michael and Rebecca
Hennessey and B.H. against Ilona Berenice Staples.

SO ORDERED.
/s/ Nancy Torresen
United States District Judge
Dated this 22nd day of December, 2011.

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