Blackburn v. Wal-Mart Stores East, LP and/or Wal-Mart Stores, Inc.

Filing 33

ORDER Granting Authority to Settle Personal Injury Survivor's Case and to Distribute the Proceeds. Signed by District Judge Matthew F. Leitman. (HMon)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
STEVEN BLACKBURN, as Personal
Representative of the Estate for
GLADYS R. BLACKBURN, deceased,
Plaintiffs,

Case No. 17-cv-11179
Hon. Matthew F. Leitman

v
WAL-MART STORES EAST, LP
and/or WAL-MART STORES, INC.
Defendant.
__________________________________________________________________/
ORDER GRANTING AUTHORITY TO SETTLE PERSONAL
INJURY SURVIVOR’S CASE AND TO DISTRIBUTE THE PROCEEDS
This matter having come before the court upon the filing and reading of
Plaintiff’s Motion Seeking Authority to Settle Personal Injury Survivor’s Claim
and to Distribute Proceeds, at a hearing involving the taking of sworn testimony
having been conducted in open court on January 8, 2019 at 11:00 a.m., and with
the court being otherwise fully advised in the premises;
NOW, THEREFORE,
IT IS HEREBY ORDERED AND ADJUDGED that Steven Blackburn, as
Personal Representative of the Estate of Gladys R. Blackburn, is empowered by
this Honorable Court to settle the claim against Defendants, for the total sum of
One Hundred and Fifty Thousand ($150,000.00) Dollars.

IT IS FURTHER ORDERED AND ADJUDGED that the Personal
Representative is authorized and empowered to sign any and all necessary
documents to effectuate said settlement, including releases, drafts, checks, etc.;
IT IS FURTHER ORDERED AND ADJUDGED that from the gross
proceeds the following costs, liens and attorney fees and distribution of proceeds
are hereby approved of as reasonable and necessary and in the best interest of the
Estate to settle this cause of action pursuant to MCL 600.2921:
1.

Miscellaneous and litigation expenses and costs to THE SAM

BERNSTEIN LAW FIRM in the amount of Three Thousand Nine Hundred Fifteen
and 61/100 ($3,915.61);
2.

Attorney fees to THE SAM BERNSTEIN LAW FIRM in the amount

of Forty Eight Thousand Six Hundred Ninety Four and 75/100 ($48,694.75)
Dollars;
3.

Medicare lien in the amount of Thirty Five Thousand Five Hundred

Eighty Five and 76/100 ($35,585.76) Dollars for reimbursement for paid medical
benefits;
4.

Equian, retained by UAW Retiree Medical Benefits Trust, lien in the

amount of Four Thousand Eight Hundred Seventy Five and 28/100 ($4,875.28)
Dollars for reimbursement for paid medical benefits;

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5.

Residual amount payable to Steven Blackburn as Personal

Representative of the Estate of Gladys R. Blackburn in the amount of Fifty Six
Thousand Nine Hundred Twenty Eight and 60/100 ($56,928.60) Dollars to be
distributed as follows;
a. Steven Blackburn- $9,488.10;
b. John Blackburn- $9,488.10;
c. Chester Blackburn- $9,488.10;
d. Diane Smotherman- $9,488.10;
e. Linda Tinker- $9,488.10;
f. Lisa Blackburn Holth- $9,488.10;
6.

That The Sam Bernstein Law Firm shall take all steps necessary to

satisfy the Medicare lien claimed in the amount of Thirty Five Thousand Five
Hundred Eighty Five and 76/100 ($35,585.76) Dollars for paid medical benefits;
7.

That The Sam Bernstein Law Firm shall indemnify and hold harmless

Defendants Wal-Mart Stores East, LP and/or Wal-Mart Stores, Inc. from any and
all claims for payment or reimbursement of the Medicare lien identified in
paragraphs 3 and 6 above.
8.

That a copy of the check sent for payment or reimbursement of the

Medicare lien identified in paragraphs 3 and 6 above from The Sam Bernstein Law
Firm shall be served upon Attorneys for Defendants.

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IT IS FURTHER ORDERED AND ADJUDGED that this Honorable
Court finds that the settlement is fair, reasonable, appropriate and in the best
interest of the Estate;
IT IS SO ORDERED AND ADJUDGED.
/s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
Dated: June 10, 2019

Approved as to form:

/s/ Edmund O. Battersby
EDMUND O. BATTERSBY P35660
Attorney for Plaintiff
Samuel I. Bernstein Assoc.
31731 Northwestern Hwy, Suite 333
Farmington Hills, MI 48334
[phone]
[e-mail]

/s/ Richard G. Szymczak
RICHARD G. SZYMCZAK P29230
Attorney for Defendant
Plunkett & Cooney
111 E. Court St., Suite 1B
Flint, MI 48502
[phone]
[e-mail]

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