Tune et al v. Big Rig Chrome Shop, LLC et al

Filing 96

ORDER ON REPORT AND RECOMMENDATION. IT IS HEREBY ORDERED that: 1. The Report and Recommendation is ADOPTED 94 ; 2. Plaintiffs' Motion for Approval of Settlement and Distribution of Proceeds 74 is GRANTED. 3. Plaintiffs' Verified Petition for Distribution and Disbursement of Funds Recovered in a Wrongful Death Claim 76 is DENIED AS MOOT. 4. Plaintiffs' Amended Verified Petition for Distribution and Disbursement of Funds Recovered in a Wrongful Death Claim 83 is APPROVED, and that the settlement funds be distributed. 5. The Court will retain jurisdiction for ninety days, as requested by Plaintiffs at the hearing. LET JUDGMENT BE ENTERED ACCORDINGLY.(Written Opinion). Signed by Judge Michael J. Davis on 8/30/2018. (GRR) (GRR)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

Donald E. Tune and Virginia Tune,
as co-trustees for the heirs and next-of-kin
of Brandon Donald Tune, decedent,

Civil No. 17-cv-0097 (MJD/HB)

Plaintiffs,
ORDER ON REPORT
AND RECOMMENDATION

v.
Twelve Ga. Customs LTD,
d/b/a 12 Ga. Customs,
Defendant.

The above-entitled matter came before the Court upon the Report and
Recommendation of the United States Magistrate Judge. No objections have been filed to
the Report and Recommendation in the time period permitted.
Based upon the Report and Recommendation of the Magistrate Judge, and all the
files, records and proceedings herein,
IT IS HEREBY ORDERED that:
1.

The Report and Recommendation is ADOPTED;

2.

Plaintiffs’ Motion for Approval of Settlement and Distribution of Proceeds
[Doc. No. 74] is GRANTED.

3.

Plaintiffs’ Verified Petition for Distribution and Disbursement of Funds
Recovered in a Wrongful Death Claim [Doc. No. 76] is DENIED AS
MOOT.

4.

Plaintiffs’ Amended Verified Petition for Distribution and Disbursement of
Funds Recovered in a Wrongful Death Claim [Doc. No. 83] is APPROVED,
and that the settlement funds be distributed as follows:

a.
b.

Kerri Tune: $100,000.00;

c.

Attorneys’ Fee: $249,750.00; and

d.
5.

Plaintiff Donald E. Tune and Plaintiff Virginia Tune: $297,780.07;

Disbursements: $27,469.93.

The Court will retain jurisdiction for ninety days, as requested by Plaintiffs
at the hearing.

LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: August 30, 2018

s/ Michael J. Davis
MICHAEL J. DAVIS
United States District Judge

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