Beth Ann Miller, Personal Representative of the Estate of Beth Ann Kelly v. Mylan, Inc. et al
ORDER Adopting 56 Report and Recommendation Granting 50 Motion filed by Beth Ann Miller, Personal Representative of the Estate of Beth Ann Kelly. Signed by District Judge Paul D. Borman. (DTof)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
BETH ANNE MILLER, Personal
Representative of the ESTATE OF
BETH ANN KELLY,
Case No. 12-cv-11684
Paul D. Borman
United States District Judge
R. Steven Whalen
United States Magistrate
MYLAN INC., ET AL.,
ORDER (1) ADOPTING MAGISTRATE JUDGE WHALEN’S FEBRUARY 8, 2017 REPORT
AND RECOMMENDATION TO GRANT PLAINTIFF’S MOTION FOR APPROVAL OF
AND AUTHORITY TO SETTLE WRONGFUL DEATH CLAIM (ECF NO. 56);
(2) GRANTING PLAINTIFF’S MOTION FOR APPROVAL AND AUTHORITY (ECF NO.
50) AND (3) DISMISSING THIS ACTION WITH PREJUDICE
In a Report and Recommendation issued on February 8, 2017, Magistrate Judge R. Steven
Whalen recommended that this Court grant Plaintiff’s unopposed motion for approval of and
authority to settle this wrongful death action and dismiss the action with prejudice. ECF No. 56,
Report and Recommendation. Having reviewed the Report and Recommendation and there being
no timely objections from either party under 28 U.S.C. § 636(b)(1) and E.D. Mich L.R. 72.1(d), the
Court ADOPTS the Report and Recommendation, GRANTS the motion for approval and authority
to settle (ECF No. 50) and specifically:
1) Approves and gives full authority to the Personal Representative to settle this
wrongful death claim;
2) Gives full authority to the Personal Representative to sign releases and all related
settlement paperwork for the settlement of this claim as it pertains to all Defendants;
3) Approves the settlement and orders the reimbursement and payment of partial
litigation costs and expenses;
4) Approves and orders the distribution of the net remainder of the settlement
proceeds, as set forth in Confidential Exhibit A (ECF No. 58, Sealed Confidential
Exhibit A); and
5) DISMISSES this action against all Defendants WITH PREJUDICE.
IT IS SO ORDERED.
s/Paul D. Borman
PAUL D. BORMAN
UNITED STATES DISTRICT JUDGE
Dated: March 3, 2017
CERTIFICATE OF SERVICE
The undersigned certifies that a copy of the foregoing order was served upon each attorney or party
of record herein by electronic means or first class U.S. mail on March 3, 2017.
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