Singleton v. United States of America

Filing 93

MEMORANDUM OPINION AND ORDER appointing Attorney Anna Rapa as guardian ad litem for Karlie Singleton; the guardian ad litem shall take reasonable steps to IDENTIFY any other minors who are interested parties under the Michigan wrongful death statute; the guardian ad litem shall file a WRITTEN RESPONSE to the motion to authorize distribution of settlement proceeds (ECF No. 88) within thirty (30) days of this order; the guardian ad litem shall submit a VOUCHER of services provided; Attorney Laura Morris is DISCHARGED from any further representation of Tanya Kidd; signed by Judge Robert Holmes Bell (Judge Robert Holmes Bell, kcb)

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

DORIS KATHLEEN SINGLETON,
Personal Representative of the ESTATE
OF EDDIE LORENZO SINGLETON,
Plaintiff,
Case No. 1:14-CV-172
v.
HON. ROBERT HOLMES BELL
UNITED STATES OF AMERICA,
Defendant.
/
MEMORANDUM OPINION AND ORDER
Doris Kathleen Singleton, Personal Representative of the Estate of Eddie Lorenzo
Singleton, filed this wrongful death action against the United States pursuant to the Federal
Tort Claim Act, alleging negligence on the part of medical processionals employed by the
United States Department of Veterans Affairs. The parties have negotiated a settlement.
This action comes before the Court on Plaintiff’s motion for approval of settlement,
attorney fees and costs, and authority to distribute proceeds, and on objections to the report
filed by Tanya Kidd, on behalf of her minor child, Karlie Singleton, who is a child of
decedent Eddie Lorenzo Singleton. (ECF Nos. 88, 90.) Tanya Kidd has requested the Court
to appoint a guardian ad litem to represent Karlie Singleton’s interests, and has further
requested that that the Court not approve the motion for authority to distribute proceeds until
a guardian ad litem is appointed for Karlie Singleton and has submitted a written report.

The Michigan wrongful death statute provides that notice of hearing on a motion for
authority to distribute proceeds of a settlement shall be served on all interested persons.
Mich. Comp. Laws § 600.2922(b). The statute further provides that if any interested person
is a minor, a guardian ad litem shall be appointed and shall be given notice of the motion for
authority to distribute proceeds. Mich. Comp. Laws § 600.2922(c). No guardian ad litem
has been appointed for Karlie Singleton. At the hearing on July 22, 2015, it also became
apparent that there are other interested persons who are minors who have not been appointed
a guardian ad litem in this matter.
At the hearing on July 22, 2015, the Court approved the settlement. However, the
Court cannot authorize the distribution of the settlement proceeds until a guardian ad litem
has been appointed for the interested minors and notice of a hearing on the motion has been
served on the guardian ad litem. The Court will appoint Anna Rapa, an attorney in good
standing in this court, as guardian ad litem for Karlie Singleton. The Court will direct the
guardian ad litem to take reasonable steps to identify any other interested minors, and to
prepare and file a written report within thirty (30) days of this order in response to Plaintiff’s
motion for authority to distribute on behalf of all such interested minors.
The Court will reschedule the hearing on the motion for authority to distribute
proceeds. In advance of the hearing, the guardian ad litem shall submit a voucher of services
provided. Payment for the services of the guardian ad litem will be made from the proceeds
of the settlement.

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On oral motion of Attorney Laura Morris, who represented Tanya Kidd for purposes
of requesting a guardian ad litem, the Court will discharge Morris from further representation
of Tanya Kidd. The guardian ad litem is authorized to contact Tanya Kidd directly.
Accordingly,
IT IS HEREBY ORDERED that Attorney Anna Rapa is APPOINTED guardian ad

litem for Karlie Singleton.
IT IS FURTHER ORDERED that the guardian ad litem shall take reasonable steps
to IDENTIFY any other minors who are interested parties under the Michigan wrongful
death statute.
IT IS FURTHER ORDERED that the guardian ad litem shall file a WRITTEN
RESPONSE to the motion to authorize distribution of settlement proceeds (ECF No. 88)
within thirty (30) days of this order.
IT IS FURTHER ORDERED that the guardian ad litem shall submit a VOUCHER
of services provided.
IT IS FURTHER ORDERED that Attorney Laura Morris is DISCHARGED from
any further representation of Tanya Kidd.

Dated: July 23, 2015

/s/ Robert Holmes Bell
ROBERT HOLMES BELL
UNITED STATES DISTRICT JUDGE

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