Henschke et al v. Republic Services, Inc. et al

Filing 203

MEMORANDUM AND ORDER APPROVING SETTLEMENT OF INDIVIDUAL CASE: IT IS HEREBY ORDERED that the motion for approval of settlement in Tobar v. Republic Services, Inc., No. 4:14CV01776, is GRANTED. (Doc. No. 154 .) IT IS FURTHER ORDERED that Notice of th is Memorandum and Order shall be filed in Tobar v. Republic Services, Inc., No. 4:14CV01776. IT IS FURTHER ORDERED that Plaintiffs in Tobar v. Republic Services, Inc., No. 4:14CV01776, shall, within 30 days of the date of this Memorandum and Order, file dismissal papers in that case. Failure to do so, may result in the Court dismissing that case. Signed by District Judge Audrey G. Fleissig on 11/01/2016. Associated Cases: 4:14-cv-01570-AGF, 4:14-cv-01776-AGF(KCB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
JOHN HENSCHKE, et al.,
Plaintiff,
v.

REPUBLIC SERVICES, INC., et al.,
Defendants.

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Case No. 4:14CV01570 AGF
LEAD CASE

MEMORANDUM AND ORDER APPROVING SETTLEMENT
OF INDIVIDUAL CASE
This consolidated action is before the Court on the motion of the parties in one of
the individual cases, Tobar v. Republic Services, Inc., No. 4:14CV01776, for approval,
pursuant to Missouri Revised Statute, § 507.184, of the settlement they reached with
regard to the minor Plaintiffs in the case. A hearing was held on the matter on October
27, 2016.
Federal law looks to state law for the standard governing the approval of a
settlement involving a minor. M.E. v. United States, No. 4:05CV396-DJS, 2006 WL
1556794, at *1 (E.D. Mo. June 1, 2006). The purpose of § 507.184, regulating court
approval of a settlement involving a minor, is “‘to maximize the protection afforded a
minor’s legal action and insure that any settlement is in the best interest of the child.’”
Id. (quoting Fiegener v. Freeman-Oak Hill Health Sys., 996 S.W.2d 767, 774 (Mo. Ct.
App. 1999)).

Upon review of the pleadings, the settlement agreement, the statement of counsel
as to the allocation of settlement funds, the affidavit of Plaintiffs’ counsel, and the
representations of counsel at the hearing, the Court finds that the settlement, the
allocation among Plaintiffs, and the fee agreement with counsel, are fair and reasonable
and in the minor Plaintiffs’ best interests. The amount designated for the minor Plaintiffs
shall be paid to their Next Friend to be used on the minor Plaintiffs’ behalf.
Accordingly,
IT IS HEREBY ORDERED that the motion for approval of settlement in Tobar
v. Republic Services, Inc., No. 4:14CV01776, is GRANTED. (Doc. No. 154.)
IT IS FURTHER ORDERED that Notice of this Memorandum and Order shall
be filed in Tobar v. Republic Services, Inc., No. 4:14CV01776.
IT IS FURTHER ORDERED that Plaintiffs in Tobar v. Republic Services, Inc.,
No. 4:14CV01776, shall, within 30 days of the date of this Memorandum and Order, file
dismissal papers in that case. Failure to do so, may result in the Court dismissing that
case.
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AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE
Dated this 1st day of November, 2016.

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