EAN Holdings, LLC v. Johnson et al

Filing 58

ORDER OF AGREED SETTLEMENT DISMISSING CASE: This matter has settled and is dismissed with prejudice, with each party to pay its own costs. Signed by District Judge Louis Guirola, Jr. on 11/5/10. (RLW)

-RHW EAN Holdings, LLC v. Johnson et al

Doc. 58

UNITED STATES DISTRICT COURT SOUTHER DISTRICT OF MISSISSIPPI SOUTHERN DIVISION EAN HOLDINGS, LLC VS. WILBERT JOHNSON, ET AL. ORDER OF AGREED SETTLEMENT COME NOW the remaining defendants in this matter, Singing River Health System ("Singing River"), Ella Johnson, C.S. (a minor), N.J. (a minor), and Tessica Williams and submit this Order of Agreed Settlement to this Court. These Settling Defendants hereby state the following: On or about March 9, 2010 EAN Holdings, LLC filed an interpleader action against Settling Defendants and numerous other individuals, health care providers, and State and Federal bodies interpleading $20,000.00 for injuries and other damages resulting from an automobile accident. These Settling Defendants are the only defendants who appeared to claim a share of the money. All other named defendants either disclaimed their interest or failed to appear. Plaintiff EAN Holdings, LLC has waived any claim it had to attorney fees from the interpleaded figure. In order to avoid the time and expense of a trial on this matter, the Settling Defendants have agreed to a distribution of the funds, to be as follows: C.S., a minor, will receive Five Thousand Dollars ($5,000.00); N.J., a minor, will receive Five Thousand Dollars ($5,000.00); Singing River will receive Four Thousand, Five Hundred Dollars ($4,500.00); Ella Johnson will receive Four Thousand, Five Hundred Dollars ($4,500.00); Tessica Williams will receive One Thousand Dollars ($1,000.00). PLAINTIFF CIVIL ACTION NO. 1:10CV34-LG-RHW DEFENDANTS

Dockets.Justia.com

This Court, being fully advised in the premises, finds that this settlement is in the best interest of the parties and approves the settlement as to each party, including specifically each minor. The gross sum to be received by each minor is not greater than twenty-five thousand dollars ($25,000.00). As per Miss. Code Ann. §93-13-211, disbursement of the funds shall be accomplished without the necessity of a formal guardianship. This Court recommends, but does not require, that said funds should be deposited into a guardianship account and further recommends that each minor and guardian should become amenable to the Chancery Court for the proper disposition of said funds. This Court, being advised that all parties to this action have resolved all issues, finds that this proposed Order of Agreed Settlement is well taken and should be entered. The Court hereby dismisses the case with prejudice, with each party to pay its own costs. This court shall retain jurisdiction over this matter to enforce the distribution of funds and settlement. SO ORDERED AND ADJUDGED this the 5th day of November, 2010. s/ ouis Guirola, Jr. United States District Judge s/ Kevin M. Melchi SINGING RIVER HEALTH SYSTEM By: Kevin M. Melchi Dogan & Wilkinson, PLLC 734 Delmas Avenue P.O. Box 1618 Pascagoula, MS 39568-1618 [phone] s/ Bradley W. Rath ELLA JOHNSON By: Bradley W. Rath Bradley W. Rath, PLLC P.O. Box 4604 266 Debuys Road Biloxi, MS 39531 [phone] s/ J. Bryan VonderBruegge C.S., A MINOR By: J. Bryan Vonder Bruegge P.O. Box 1255 Long Beach, MS 39560-1255 [phone]

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See attached. TESSICA WILLIAMS Appearing Pro Se

s/ Jay Foster N.J., A MINOR By: Jay Foster 1019 Legion Lane Ocean Springs, MS 39564 [phone]