Gaddy et al v. Flint et al

Filing 106

ORDER Granting R.V.'s Motion to Approve Settlement 104 Sealed. Signed by District Judge Judith E. Levy. (WBar)

Case 5:17-cv-11166-JEL-MKM ECF No. 106, PageID.741 Filed 12/20/22 Page 1 of 4

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
E.S., A.T., R.V., and D.W.,
Plaintiffs,

Hon. Judith E. Levy

v.

Flint Water Cases Bellwether I

VNA and LAN,

Case Nos.
5:17-cv-10164 (Walters v. City of
Flint, et al) (consol.)
5:17-cv-11166 (Gaddy v. City of
Flint, et al)

Defendants.
______________________ /

ORDER GRANTING R.V.’S MOTION TO APPROVE
SETTLEMENT [17-10164: 1020] [17-11166: 104]
Before the Court is Plaintiff R.V.’s Unopposed Motion to Approve
Infant Plaintiff’s Settlement. (Case No. 17-10164, ECF 1020 *sealed*;
Case No. 17-11166, ECF No. 106 *sealed*.)
R.V. is a minor and R.V.’s mother, M.V., was appointed as Next
Friend in the Genesee County Circuit Court soon after R.V. filed the
subject lawsuit. The lawsuit arose out of certain alleged negligent acts or
omissions by LAN between June 1, 2013, and October 31, 2016.
R.V., through M.V., sought monetary damages on account of
personal and physical injuries arising out of alleged exposure to

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contaminated water received from the Flint Water Treatment Plant
between April 25, 2014 and October 31, 2016.
This Court presided over R.V.’s jury trial against LAN, which
commenced on February 15, 2022, and ended with a hung jury on August
11, 2022. Now, R.V., through M.V., has reached a settlement with LAN.
The Court has carefully evaluated the settlement agreement and
exhibits thereto. The Court has made an “independent determination
that [the] settlement [is] in the minor’s best interest.” Green v. Nevers,
111 F.3d 1295, 1131 (6th Cir. 1997). Additionally, the Court has
undertaken its obligations under Michigan Court Rule 2.420(B) to “pass
on the fairness of the proposal.” To the extent that Michigan Court Rule
2.420(B)(1) requires that the Court order M.V. to appear in court to allow
this Court “an opportunity to observe the nature of the injury,” the Court
finds that there is good cause to excuse R.V.’s presence. The Court
personally observed the six-month-long trial, which included detailed
evidence and expert testimony regarding R.V.’s injuries.
Additionally, the Court has carefully evaluated R.V.’s counsel’s fee
and cost proposal. “When a court is called upon to approve the settlement
as is in the best interest of the minor, it must consider and then
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determine what constitutes fair and reasonable compensation to the
attorney regardless of any agreement specifying an amount, whether
contingent or otherwise.” Dean v. Holiday Inns, Inc., 860 F.2d 670, 673
(6th Cir. 1988)
This Court, therefore, orders as follows.
 M.V. has R.V.’s best interests in mind in bringing and prosecuting
R.V.’s claims;
 M.V. is appointed as Next Friend in this Court for purposes of the
settlement pursuant to the Court’s power under Federal Rule of
Civil Procedure 17(c)(2). This Court also adopts the Genesee County
Circuit Court’s appointment of M.V. as Next Friend for R.V.;
 R.V.’s Unopposed Motion to Approve Infant Plaintiff’s Settlement
is fair and in the best interests of R.V.;
 The Court approves R.V. and LAN’s settlement;
 R.V.’s counsel’s fees and expenses in preparation for, associated
with, and throughout the trial are fair and reasonable;
 The Court approves the repayment of R.V.’s share of the
disbursements expended by R.V.’s counsel on R.V.’s behalf in the
amount set forth in R.V.’s motion;
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 The Court approves payment of R.V.’s attorney fees, in the amount
set forth in R.V.’s motion; and
 The Court approves and Orders that all settlement payments be
made consistent with the terms of the settlement agreement.
IT IS SO ORDERED.
Dated: December 20, 2022
Ann Arbor, Michigan

s/Judith E. Levy
JUDITH E. LEVY
United States District Judge

CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing document was served
upon counsel of record and any unrepresented parties via the Court’s
ECF System to their respective email or first-class U.S. mail addresses
disclosed on the Notice of Electronic Filing on December 20, 2022.
s/William Barkholz
WILLIAM BARKHOLZ
Case Manager

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